Carolinas Environmental Lawyer

April 5th, 2017

–T. McRoy Shelley, Esq. Duke Energy faces costs of $5 Billion or more to clean up its coal ash ponds throughout the state of North Carolina. Many of the coal ash impoundments have already released heavy metals and other contaminants into rivers and groundwater, including a 40 ton spill into the Dan River in 2014… Read More

January 16th, 2017

EPA Issues New Reporting Rule for Nanoscale Materials – Environmental & Natural Resources Law Section Newsstand – Powered by Lexology. Nanotechnology has been the subject of many “Emerging Claims” presentations at seminars over the past few years, but there are still many unknowns on the insurance coverage and litigation issues. One development likely to be… Read More

January 16th, 2017

In an opinion filed 1/11/17 that should be a cautionary tale for ALL carriers, the South Carolina Supreme clarified the rules for properly reserving the right to contest coverage, for determining whether punitive damages, and for determining the proper time period for coverage allocation in a construction defect case. We issued the following Carrier/Client Alert… Read More

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

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