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23 Oct 2018Sidestepping Issues of Causation and Constituent Ingredients in Northern Illinois
A recent decision in a pending contribution action associated with the Lake Calumet Cluster Superfund site in southeastern Chicago highlights a circuit split with regard to causation in private actions. The decision also addresses—but does not resolve—a novel legal and factual question related to the scope of hazardous waste under CERCLA: When does a substance
25 Sep 201810 Common Hurdles to Securing Insurance Coverage for Legacy Contamination, Part 2
Today, we return to our two-part article exploring 10 common issues that arise in pursuing insurance coverage for legacy environmental contamination. Catch up: 10 Common Hurdles to Securing Insurance Coverage for Legacy Contamination, Part 1 6. The “Known Loss” Doctrine. The basic premise of insurance is that it protects against the risk that a policyholder
20 Sep 201810 Common Hurdles to Securing Insurance Coverage for Legacy Contamination, Part 1
In certain circumstances, companies may be able to pursue their historical general liability coverage to offset their potential liability for legacy environmental contamination. For those companies seeking coverage for legacy environmental liabilities, the fundamental, big-picture questions are the same from case to case: Does legacy contamination trigger the historical general liability coverage? Do any exclusions
25 Jul 2018Will a longstanding environmental mystery finally be solved?
This blog post was co-authored by Sean Griggs and Jennifer Baker. Twenty years ago, the Indiana General Assembly enacted the Environmental Legal Action (ELA) statute, Ind. Code § 13-30-9-1 et seq., to allow recovery of costs related to remedial or removal actions that address “the release of a hazardous substance or petroleum into the surface or
28 Jun 2018Preparing for PFAS Regulation – Important Considerations on Emerging Contaminants
I just gave a presentation on emerging contaminants, with the response to “PFAS” contamination – perfluorinated chemicals – the latest, high-profile set of chemicals providing lessons for the regulated community (and perhaps regulators) to learn from. This presentation was an outgrowth of a State Bar journal article I’d recently published providing a primer on how
31 May 2018Public Input on Superfund Task Force Recommendations – EPA Is Really Listening!
U.S. EPA OECA’s Office of Site Remediation Enforcement (OSRE) is putting on a series of webinar/listening sessions in late May and June addressing specific recommendations found in the July 25, 2017 Administrator’s Superfund Task Force Recommendations (SFTF Recommendations). The goal of the SFTF Recommendations is to improve and expedite site cleanups, promoting redevelopment. The webinar/listening