Mediation Fails, West Virginia Slurry Pollution Case Going to Trial

May 25, 2012Email ThisPrintNewslettersTweetArticleComments

Mediation has failed to settle a lawsuit by hundreds of Boone County residents who blame coal companies for contaminating their water supplies.

Attorney Roger Decanio said this week that the case against Massey Energy and four subsidiaries is headed for trial.

Circuit Judge William Thompson has consolidated 155 medical monitoring lawsuits involving about 350 people and tentatively scheduled trial for June 12.

The companies are now owned by Virginia-based Alpha Natural Resources.

The other operators originally sued have agreed to confidential settlements but denied responsibility for the problems.

Residents of Seth and Prenter say mining activities, including the underground injection of coal slurry, are to blame for discolored, foul-smelling well water and health problems.

The plaintiffs are now served by public water lines and no longer rely on their wells for consumption.

 

Copyright 2012 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.Email ThisPrintNewslettersTweetCategories: Southeast NewsTopics: Alpha natural Resources, Massey slurry pollutuon lawsuit, West Virginia slurry pollution, West Virginia slurry pollution lawsuitHave a hot lead? Email us at newsdesk

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ACE Launches Admitted Premises Pollution Policy for Public Entities

May 14, 2012Email ThisPrintNewslettersTweetArticleComments

ACE USA, the U.S.-based retail operations of the ACE Group, has introduced an enhanced public/educational entity pollution liability insurance (Public Entity PPL) policy, designed to address the environmental risks faced by public entities. This policy offers coverage on an admitted basis in 36 states.

The Public Entity PPL policy addresses the pollution exposures of public schools; utilities and power co-ops; cities and counties; special districts; and parks and recreational facilities. It combines a focused approach with a standard premises pollution product, providing a single policy to cover environmental-related public entity exposures.

Features of ACE Environmental Risk’s Public Entity PPL Policy include:

Claims-made and reported Public Entity PPL coverage formAdmitted in 36 states as of May 2012Provides financial assurance for underground and aboveground storage tanksDefinition of pollution condition that includes medical, infectious, and pathological wastesIncludes coverage for the transportation and disposal of wastesAvailable coverage for illicit abandonment of wastes, fungi and legionella, and first-party business interruptionOffers contractor pollution liability (CPL) coverage for maintenance activities, including the application of pesticides and herbicidesUnderwriting staff with strong expertise in providing environmental risk solutionsDedicated environmental claims specialists

Insurance is provided by ACE American Insurance Co., Philadelphia, Pa., and, in some jurisdictions, other insurers within the ACE Group. Product descriptions are summaries only. The actual policy issued governs the rights and obligations of the parties. Not all products are available in all states.

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Politics and marine pollution

Political pressure following marine oil spills can undermine international conventions that limit liability

In March 2009, a Hong Kong flagged general cargo vessel named the Pacific Adventurer was damaged during a cyclone off Australia’s ecologically rich Queensland coast. As a result of the damage it spilled around 270 tonnes of heavy fuel oil into the waters, which affected a large stretch of coastline.

Elections were taking place in Queensland at the time and there was intense media interest surrounding the incident. The state's premier called for the owners of Pacific Adventurer to pay for all the costs of the clean-up operation, to which they agreed after further pressure.

"In the future for high-profile cases like that it may be that courts might take a flexible attitude to the right to limit if they are able to identify any grey areas," says Jonathan Hare, senior vice president and counsel at Skuld, a marine insurer providing Protection and Indemnity (P&I) and Defence cover to shipowners. "On top of that, regardless of the legality, there's going to be great commercial pressure."

"Countries without efficient legal systems create a bigger risk but it really can happen anywhere," he continues. "If you look at Australia, it's got a perfectly good legal system. There the problem wasn't the application of the law

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