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The Offshore Master Service Agreement

The offshore MSA is a fundamental contract for any operator or service company. It is the framework by which all work is performed offshore and, importantly, establishes which party assumes the risk of loss for people,...more

How Many Occurrences? Determining the Number of Occurrences for Fracking-Related Claims in CGL Policies

The controversy surrounding the use of the natural gas drilling process of hydraulic fracturing (fracking) to extract oil and gas is well-documented. While proponents argue that fracking presents the opportunity for an...more

Potential Recovery Opportunities Arising From Pollution Claims

Energy production in the United States is at an all-time high. In 2013, an average of 7.5 million barrels of oil were pumped every day, which bested the previous production record (2012) by one million barrels. Domestic oil...more

Hydraulic Fracturing Digest

Hydraulic fracturing remained one of the most controversial environmental issues of 2013. Hydraulic fracturing, also known as fracking, is the process of injecting water, chemicals and “proppants,” oftentimes sand, under...more

Legislative Update Report No. 2013-21 -- Nov 12, 2013

In This Article: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and Yukon....more

Michigan Court Holds Pollution Exclusion Applies to Emissions Permit Violation

In its recent decision in Arch Ins. Co. v. Commercial Steel Treating Corp., 2013 U.S. Dist. LEXIS 121574 (E.D. Mich. Aug. 27, 2013), the United States District Court for the Eastern District of Michigan had occasion to...more

Legislative Update Report No. 2013-15 - Aug 9, 2013

In This Article: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and Yukon...more

Climate Change Legal Work: Changing The Paradigm Does Not Come Easily

I learned the other day that for $3995 I can download nearly a 1000 page report on the climate change industry. The Ah Hah moment was at hand. The President’s promise at his inauguration and then again at the State of the...more

Recent Ruling Confirms That Cost of Compliance with a PRP Letter Is Insured Under CGL Policies

In a recent ruling of interest to any company named as a potentially responsible party (“PRP”) at a Superfund site anywhere in the country, the Alabama Supreme Court has followed the majority of state courts and held that a...more

Another Win for Pennsylvania Policyholders Concerning the Duty to Defend and the Pollution Exclusion

Policyholders with pollution-related liabilities in Pennsylvania scored another win in January, in the ongoing litigation battle with insurance companies that argue for the broadest possible interpretation of the "pollution...more

Top 6 At 12: Highlights Of The Top Climate Change Stories In The Second Half Of 2012

2012 has drawn to a close. We chronicle here six of the most significant stories on the climate change front in the last six months. For those looking for hope that government is taking action to rein in greenhouse gas...more

A Tale of Two Credibilities: Hurricane Sandy and Recent Extreme Weather Reports

It was the best of times. It was the worst of times. In North America, anyway. As Hurricane Sandy looms over the Eastern seaboard, we thought it would be worthwhile to take a look at two recent reports about extreme...more

New Jersey Court Denies Reimbursement for Defense Costs

In a recent unpublished opinion, a New Jersey Appellate Division court upheld the lower court’s dismissal of an insurance coverage action for environmental contamination. In Spartan Oil Company v. New Jersey...more

Still No Insurance Coverage for Climate Change Nuisance Litigaiton -- At Least in Virginia

Last week, the Virginia Supreme Court ruled (for the second time) that a CGL policy issued to AES Corporation did not require Steadfast Insurance to provide a defense to AES for claims brought again AES in Kivalina v. Exxon...more

Defendants Win "Round One" of Climate Change Fight in United States Supreme Court

In American Electric Power Co. v. Connecticut (“AEP”), the United States Supreme Court held that federal common law public nuisance claims seeking injunctive relief against emitters of greenhouse gases...more

Cleantech Update: Public Companies in All Sectors: Now's a Good Time to Look at Climate Change-Related Disclosures (and D&O...

Recent and upcoming developments underscore the need for public companies, and their directors and officers, to consider whether they may have exposure to a newly emerging source of disclosure-related litigation. There is...more

Green Building Update - July 16, 2008

IN THIS ISSUE: *Insurance company offers coverage for green homes *Green Building Focus ..USGBC's "Advanced Energy Design Guide" available for download *USGBC modifying the LEED certification program through...more

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