New York City’s Childhood Lead Poisoning Prevention Act—commonly known as Local Law 1 of 2004—sets forth strict requirements for property owners to protect tenants from lead-based paint hazards. Under this law, any multiple...more
In response to a decision by the U.S. Court of Appeals for the Ninth Circuit finding that the U.S. Environmental Protection Agency's (EPA) updates to its lead paint hazard standards were deficient because they improperly took...more
Two weeks after setting a nationwide deadline for removal of lead pipes, the Biden administration is imposing strict new limits on dust from lead-based paint in older homes and child-care facilities....more
The United States Department of Justice (“USDOJ”) on behalf of the United States and Legacy Builders/Developers Corp. (“Legacy”) entered into an August 23rd Consent Decree (“CD”) addressing alleged violations of the Lead...more
Creating certainty in the inherent uncertainty of the future is the name of the game when it comes to drafting commercial leases. When courts overrule provisions that the parties to the lease have agreed upon, however, that...more
Ohio presents unique challenges to practitioners handling insurance claims in the state. Join Goldberg Segalla partners Michael A. Hamilton and Sean P. Hvisdas as they host a live, interactive webinar on some of the most...more
The Environmental Protection Agency announced July 12 “a proposal to strengthen requirements for the removal of lead-based paint hazards in pre-1978 buildings and child care facilities… to better protect children and...more
Inside EPA is reporting on a Defendant charged with many felonies including a felony violation of the Toxic Substances Control Act, conspiracy to violate the Act, obstruction of justice, and other serious charges relating to...more
Projects that involve damage or disturbance of painted or coated surfaces, as well as development or improvements of existing structures, may involve some level of lead impact regardless of the type, age, or location of the...more
The United States Environmental Protection Agency (“EPA”) released a document titled: Strategy to Reduce Lead Exposures and Disparities in U.S. Communities (October 2022) (“Strategy”)...more
Some important insurance decisions were handed down over the past month. We begin in Ohio, where public nuisance claims by state and local governments over opioids and lead paint were on full display. In Acuity, the...more
State and local governments have been pursuing “public nuisance” claims against companies responsible in some way for societal problems. We’ve seen cases against manufacturers and distributors of guns, lead paint and opioids....more
Following notification of impact to a property through the claims notification process, restorers are regularly called upon to make necessary initial decisions regarding water extraction and drying and impacted material...more
When you perform a site visit, you have two goals: collect the information needed to make a proper determination and get home safely to your family. While some hazards are readily visible and easily noticeable, others are...more
You’ll find some notable decisions in our May Insurance Update. Appeals over pandemic-related business interruption losses have made their way up to state high courts. And so far, these courts have continued the trend...more
On March 2, 2022, a Wisconsin federal judge dismissed Burton v. Am. Cyanamid Co., No. 07-C-0303, 2022 WL 623895 (E.D. Wis. Mar. 2, 2022), a lingering fifteen-year personal injury litigation against lead-based paint...more
Effective March 21, 2022, the U.S. Environmental Protection Agency (EPA or the Agency) has withdrawn from its website two questions and the Agency’s answers (FQs) related to Property Management Companies’ (PMC) obligations...more
Environmental Justice is a key priority of the Biden Administration and, included in that priority, is addressing the risks presented by lead exposure. The risks of lead-exposure are well-known and addressing these risks has...more
This is the sixth installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry. Lead Paint - Coverage issues relating to the $400...more
The United States Environmental Protection Agency (“EPA”) and A1 Asbestos LLC (“A1”) entered into a January 5th Expedited Settlement Agreement and Final Order (“ESA”) addressing alleged violations of: . . . the Washington...more
The back-and-forth between Wisconsin’s legislature and its supreme court created a unique six-year window from 2005-2011 when plaintiffs could sue manufacturers of white lead carbonate, a substance formerly used in some...more
The nature of advocacy makes it hard sometimes for lawyers to focus solely on the outcome and the bottom line result. How a court gets there may not matter much to the prevailing party in the dispute as they celebrate the...more
The United States Environmental Protection Agency (“EPA”) and Flip N Move Productions and EQ Media, Inc. (collectively “Flip N Move”) entered into a February 3rd Consent Agreement and Final Order (“CAFO”) addressing alleged...more
Southern District Of New York Holds That Insured Not Entitled to Coverage For Losses Resulting From COVID-19- Sparks Steakhouse in New York City filed a coverage action against its insurer, Admiral Indemnity, alleging that...more
Last month, we shared compliance lessons to learn from the $20.75 million penalty faced by Home Depot related to renovations of pre-1978 residences. The U.S. Environmental Protection Agency (EPA) press release states that the...more