Carolinas Environmental Lawyer

Roy ShelleyRoy Shelley leads the Environmental Litigation Team, which handles toxic tort and contamination claims, as well as the defense of enforcement actions by governmental agencies such as DHEC, DENR, and the EPA. Roy is also co-leader of the Construction and Products Liability team, which is designed to handle the complete range of construction and products liability claims, including complex, mass tort claims throughout the United States.

*This information is not to be construed as legal advice. For legal advice, please contact one of our attorneys.

February 29th, 2016

  HARLEY-DAVIDSON MOTOR COMPANY v. SPRINGETTSBURY TOWNSHIP, Pa: Supreme Court, Middle Dist. 2015 – Google Scholar. While preparing for a presentation on “stigma” damages based on environmental contamination, I came across a tax assessment case (linked above) from Pennsylvania where the Supreme Court accepted a “standard” 5% reduction in property value for environmental contamination. A. Read More

February 9th, 2016

SEAHAWK LIQUIDATING TRUST v. CERTAIN UNDERWRITERS AT LLOYDS LONDON | FindLaw. It was a dark and stormy night… Two of them, actually. South Carolina has its share of roller-coaster law on the definition of “occurrence” for purposes of insurance coverage (mainly in construction defect cases), but the recent Fifth Circuit case regarding damages to an. Read More

October 12th, 2015

Fortunately, despite being a perennial target every hurricane season, South Carolina rarely experiences extreme weather events, but the recent deluge has reset the bar for “extreme.” Over 20 inches of rain fell in many areas of the state, causing massive flooding and multiple dam collapses which have destroyed homes, businesses, roads, and bridges, At least. Read More

August 17th, 2015

NEW NGC, INC. v. ACE AMERICAN INSURANCE CO., Dist. Court, WD North Carolina 2015 – Google Scholar. Insurance carriers have been pretty successful in denying coverage for Chinese drywall claims, even in jurisdictions where the “middle ground” approach has been used in construing an Absolute/Total Pollution Exclusion (that is, where courts have held only “traditional. Read More

July 21st, 2015

The general rule in most jurisdictions is that where injury is caused by exposure to some substance, the plaintiff has the burden of proving both General causation and Specific causation. General causation means there is sufficient scientific evidence to prove that the substance is capable of causing the alleged injury; Specific causation means there is. Read More

July 20th, 2015

Five tips for handling an environmental crisis | Airmic. While many of us are about to start (again) on our new year’s resolution to lose a few pounds, our blokes from the emerald isles are offering advice (or “advise” if you’re so inclined) on how to save a few pounds – currency, that is –. Read More

July 8th, 2015

MCGINNES INDUSTRIAL MAINTENANCE CORPORATION v. THE PHOENIX INSURANCE COMPANY AND THE TRAVELERS INDEMNITY COMPANY :: 2015 :: Supreme Court of Texas Decisions :: Texas Case Law :: Texas Law :: U.S. Law :: Justia. Texas has joined a growing number of jurisdictions which have ruled that enforcement actions by EPA can qualify as a “suit”. Read More

May 15th, 2015

The ‘living concrete’ that can heal itself – The construction industry is nothing if not innovative. Dutch researchers have found a way to mix bacteria into concrete in order to repair cracks. The bacteria remain  dormant until water (entering through a crack) dissolve a plastic encapsulation, whereupon the bacteria grow and consume a calcium. Read More

May 12th, 2015

SMITH v. GEORGIA FARM BUREAU MUTUAL INSURANCE COMPANY – FindLaw. In a March 31, 2015 opinion, the Georgia Court of Appeals held that an absolute pollution exclusion provision in a CGL policy did not exclude coverage for alleged damages from lead-based paint. The Court’s analysis was based on the premise that “[p]olicies of insurance will. Read More

March 31st, 2015

Just like with the NCAA basketball brackets (‘tho with a much smaller betting pool), I made my predictions of winners and losers at the opening session of this year’s Carolinas Construction & Environmental Claims Conference. The opening session was entitled “Seeing the Forest and the Trees: An overview of the current issues affecting construction, environmental,. Read More