We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Mealey's Pollution Liability

  • June 14, 2019

    New York Panel: Delay In Notice Of Environmental Claim Was Not Reasonable

    ALBANY, N.Y. — A New York appellate panel on June 13 affirmed a ruling in favor of two insurers in an environmental contamination suit after determining that the insurers were not timely notified of the claim filed against their insured and that no reasonable explanation was provided for the more than three-year delay in notifying the insurers of the claim (New York v. Diana L. Flora, et al., No. 526787, N.Y. Sup., App. Div., 3rd Dept., 2019 N.Y. App. Div. LEXIS 4768).

  • June 13, 2019

    California Group Says Cement Mixing Company’s Discharges Violate Clean Water Act

    LOS ANGELES — A Los Angeles-based environmental group on June 11 filed a lawsuit in California federal court against a cement mixing and recycling company, complaining that stormwater discharges from the company’s facility contain levels of iron, oil, grease and total suspended solids that violate the amounts allowed by it National Pollutant Discharge Elimination System (NPDES) permit (Los Angeles Waterkeeper v. Security Paving Co., No. 19-cv-5068, C.D. Calif.).

  • June 13, 2019

    Cruise Lines Plead Guilty To Violating Probation By Dumping Contaminated Waste

    MIAMI — Princess Cruise Lines Ltd. and its parent company, Carnival Cruise Lines Ltd., on June 3 pleaded guilty in Florida federal court to violating the terms of probation they were serving as part of a 2017 agreement to resolve allegations that they illegally dumped oil-contaminated water 23 miles off the coast of England and agreed to pay a $20 million criminal penalty (United States v. Carnival Cruise Lines Ltd., et al., No. 16-cr-20897, S.D. Fla.).

  • June 13, 2019

    Judge Allows Group To Amend Suit Over Discharges, Denies Attorney Fees Request

    TACOMA, Wash.  — A federal judge in Washington on June 4 allowed Puget Soundkeeper Alliance to amend its Clean Water Act (CWA) lawsuit after a defendant company was dismissed, finding that the proposed amendment is not futile or untimely (Puget Soundkeeper Alliance v. APM Terminals Tacoma LLC, et al., No. C17-5017-BHS, W.D. Wash., 2019 U.S. Dist. LEXIS 93490).

  • June 13, 2019

    Judge’s Refusal To Review Power Company’s Denied Oil Spill Claim Upheld

    NEW ORLEANS— A Fifth Circuit U.S. Court of Appeals panel on May 30 found no error in a Louisiana federal judge’s refusal to review the denial of a power company’s claim for damages under the Deepwater Horizon Economic and Property Damages Settlement Agreement, finding that the company was seeking to relitigate the denial of claims for 19 substations (Claimant ID 100271726 v. BP Exploration & Production Inc., et al., No. 18-31117, 5th Cir., 2019 U.S. App. LEXIS 16805).

  • June 12, 2019

    Judge Remands City’s Climate Change Suit, Finds Claims Based On State Law

    BALTIMORE — A federal judge in Maryland on June 10 remanded a lawsuit filed by the mayor and city council of Baltimore against the sellers of fossil fuels over climate change, holding that the allegations in the action stem from state law and that the claims are not subject to federal jurisdiction (Mayor and City Council of Baltimore v. BP PLC, et al., No. 17-2357, D. Md., 2019 U.S. Dist. LEXIS 97438).

  • June 11, 2019

    5th Circuit Panel Refuses To Rehear Environmental Damage Coverage Dispute

    NEW ORLEANS — A panel of the Fifth Circuit U.S. Court of Appeals on June 3 denied  a petition for rehearing filed by a company that conducted fracking operations on an insured's facility asking it to reconsider its ruling that reversed a federal court's finding that a site pollution legal liability insurer waived its subrogation rights under an onshore master services agreement (MSA) (Halliburton Energy Services Inc. v. Ironshore Specialty Insurance Co., No. 17-20678 consolidated with No. 18-20239, 5th Cir.).

  • June 10, 2019

    Philadelphia Agrees To Pay $6.5M To Reimburse EPA For Landfill Cleanup

    PHILADELPHIA — The city of Philadelphia and the Philadelphia Redevelopment Authority (PRA) on June 5 entered into a settlement with the federal government in Pennsylvania federal court in which they agreed to pay $6.5 million to reimburse the U.S. Environmental Protection Agency for costs it incurred in remediating contamination from the Lower Darby Creek Area Superfund site (United States v. Philadelphia, et al., No. 19-cv-2433, E.D. Pa.).

  • June 10, 2019

    High Court Rejects Petition Over $8.25 Million Award To Tribe For CERCLA Costs

    WASHINGTON, D.C. — A Ninth Circuit U.S. Court of Appeals ruling that an Indian tribe is entitled to recover more than $8.25 million in response costs from a Canadian industrial polluter stands after the U.S. Supreme Court on June 10 declined to review the case (Teck Metals Ltd. v. The Confederated Tribes of the Colville Reservation, et al., No. 18-1160, U.S. Sup.).

  • June 10, 2019

    Supreme Court Will Review Ruling In Landowners’ Suit Seeking Additional Cleanup

    WASHINGTON, D.C. — The U.S. Supreme Court on June 10 said it would review a Montana Supreme Court decision affirming denial of Atlantic Richfield Co.’s motion for summary judgment in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) lawsuit brought by landowners seeking to have the company conduct additional cleanup activities at a former copper smelting site (Atlantic Richfield Co. v. Gregory A. Christian, et al., No. 17-1498, U.S. Sup.).

  • June 5, 2019

    Texas High Court Denies Rehearing On Applicability Of Joint Venture Provision

    AUSTIN, Texas — The Texas high court on May 31 denied a petition for rehearing filed by insurers in a coverage dispute arising out of the Deepwater Horizon oil spill in the Gulf of Mexico, refusing to reconsider its decision that an exception to a policy’s joint venture provision does not limit excess coverage for defense costs incurred by the insured (Anadarko Petroleum Corp., et al. v. Houston Casualty Co., et al., No. 16-1013, Texas Sup., 2019 Tex. LEXIS 526).

  • June 5, 2019

    Governments, Tribes Seek Settlement OK For Restoration Of Washington Bay

    SEATTLE — The United States, the state of Washington and Native American tribes filed a consent decree on June 3 in federal court to settle claims they brought in a complaint filed the same day for damages to natural resources from the release of oil and other hazardous substances into the Port Gardner Bay area in Everett, Wash. (United States, et al. v. Port of Everett, No. 2:19-cv-843, W.D. Wash.).

  • June 3, 2019

    Los Angeles County, Flood Control District Sue Monsanto Over PCB Contamination

    LOS ANGELES — The county of Los Angeles and the Los Angeles Flood Control District on May 30 sued Monsanto Co., Pharmacia Corp. and Solutia Inc. in California federal court over contamination in the county’s waterways caused by the manufacture and sale of materials containing polychlorinated biphenyls (PCBs) (County of Los Angeles, et al. v. Monsanto Company, et al., No. 19-cv-4694, C.D. Calif.).

  • June 3, 2019

    Judge Orders Development Company To Pay $5.3M For Groundwater Contamination

    SAN JUAN, Puerto Rico — A federal judge in Puerto Rico on May 31 ordered an industrial development company to pay $5.3 million to the government for costs incurred pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for remediation of groundwater contamination at the Maunabo Area Groundwater Contamination Superfund site, finding that the company was unable to show that actions taken by the U.S. Environmental Protection Agency did not comply with the National Contingency Plan (NCP) United States v. Puerto Rico Industrial Development Co., No. 15-2328, D. P.R., 2019 U.S. Dist. LEXIS 91861).

  • May 31, 2019

    Los Angeles County:  Monsanto Liable For PCB Contamination, ‘Wrongful Conduct’

    LOS ANGELES — Los Angeles County on May 30 sued Monsanto Co. and affiliated companies in California federal court, contending that they are responsible for contaminating the county’s air, soil and water with polychlorinated biphenyls (PCBs) (County of Los Angeles, et al. v. Monsanto Company, et al., No. 19-4694, C.D. Calif.).

  • May 30, 2019

    Fracking Company Asks Panel To Rehear Environmental Damage Coverage Dispute

    NEW ORLEANS — A company that conducted fracking operations on an insured’s facility on May 15 filed a petition asking a panel of the Fifth Circuit U.S. Court of Appeals to reconsider its ruling that reversed a federal court's finding that a site pollution legal liability insurer waived its subrogation rights under an onshore master services agreement (MSA) (Halliburton Energy Services Inc. v. Ironshore Specialty Insurance Co., No. 17-20678 consolidated with No. 18-20239, 5th Cir.).

  • May 28, 2019

    5th Circuit Affirms Denial Of Tampa Bay Buccaneers’ $19.5M Oil Spill Claim

    NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals panel on May 24 upheld a federal judge in Louisiana’s ruling denying the Tampa Bay Buccaneers’ $19.5 million claim to the Deepwater Horizon Economic and Property Damages Settlement Agreement Court Supervised Settlement Program (CSSP), holding that the judge did not err when finding that the threat of a lockout in 2011 did not warrant the reallocation of revenue to support the team’s assertion that it gained revenue during the relevant time period (BP Exploration & Production Inc. v. Claimant ID 100246928, No. 18-30375, 5th Cir., 2019 U.S. App. LEXIS 15620).

  • May 28, 2019

    Company Says Cert Needed For $8.25 Million Award To Tribe For CERCLA Costs

    WASHINGTON, D.C. — Calling it an “internationally important case,” a Canadian industrial polluter says in a May 20 reply brief that the U.S. Supreme Court should grant its petition for certiorari and vacate a ruling that an Indian tribe is entitled to recover more than $8.25 million in response costs from the company for enforcement actions taken under federal law (Teck Metals Ltd. v. The Confederated Tribes of the Colville Reservation, et al., No. 18-1160, U.S. Sup.).

  • May 22, 2019

    5th Circuit: Settlement Panel Properly Classified Claimant’s Costs, Business

    NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals panel on May 7 ruled that an appeals panel for the Deepwater Horizon Economic and Property Damages Settlement Agreement Court Supervised Settlement Program (CSSP) did not err when finding that equipment rental expenses were fixed costs under the terms of the agreement and that the company was not a developer that would be precluded from submitting a claim to the settlement program (BP Exploration & Production Inc. v. Claimant ID 100212052, No. 18-30588, 5th Cir., 2019 U.S. App. LEXIS 13946).

  • May 21, 2019

    EPA Can Access Man’s Property To Conduct Remedial Activities, Judge Rules

    SEATTLE — A federal judge in Washington on May 20 granted the federal government’s motion for summary judgment in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) lawsuit and held that the U.S. Environmental Protection Agency can have access to a man’s property to conduct remedial actions, finding that the man has refused to cooperate with the agency and that there is a threat of a release of hazardous substances at the property (United States v. Charles Pillon, No. C18-1845-JC, W.D. Wash., 2019 U.S. Dist. LEXIS 84681).

Can't find the article you're looking for? Click here to search the Mealey's Pollution Liability archive.