News & Analysis as of

Underground Storage Tanks Contamination

Mitchell, Williams, Selig, Gates & Woodyard,...

Underground Storage Tank/Groundwater Contamination: Negligence/Trespass/Nuisance Action Filed in Pulaski County, Arkansas Circuit...

Larry and Barbara Ann Morris (“Morris”) filed a Complaint in the Pulaski County, Arkansas Circuit Court on August 22nd alleging groundwater contamination pertaining to fuel related to a North Little Rock, Arkansas retail...more

Bradley Arant Boult Cummings LLP

District Court Decision Highlights Importance of Prompt Notice of Claim

The United States District Court for the Middle District of Florida recently granted summary judgment for an insurer on a pollution liability policy for lack of timely notice. The court agreed with the insurer that the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Underground Storage Tanks/Insurance Coverage: Federal Court Addresses Timing Issue

The United States District Court (M.D. Florida) (“Court”) addressed in a June 23rd Order an insurance coverage issue involving a petroleum release from an underground storage tank (“UST”). See L. Squared Industries, Inc. v....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Environmental Transactional Issue: New Jersey Appellate Court Addresses Contractual Dispute Over Responsibility for Petroleum...

Co-Author: Jenna Davidson The Superior Court of New Jersey, Appellate Division (“Appellate Court”) addressed in a May 11th Opinion a breach of contract claim concerning remediation of multiple environmental conditions...more

Mitchell, Williams, Selig, Gates & Woodyard,...

94th Arkansas General Assembly/Petroleum Storage Tank Trust Fund: Senate/House of Representatives Enact Legislation Increasing...

The Arkansas State Senate and House of Representatives have passed legislation (HB1520) which would raise the limit for payment for corrective action per occurrence pursuant to the Arkansas Petroleum Storage Tank Trust Fund...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Underground Storage Tank Performance Measures for All States/Territories/Tribes: U.S. Environmental Protection Agency Semiannual...

The United States Environmental Protection Agency (“EPA”) published a report titled: Semiannual Report of UST Performance Measures - End of Fiscal Yar 2022 (October 1, 2021 – September 30, 2022) (“Report”)...more

J.S. Held

The EPA’s Office of Land and Emergency Management Environmental Justice Action Plan

J.S. Held on

The Environmental Protection Agency (EPA) Office of Land and Emergency Management (OLEM) oversees policy and guidance for the EPA’s hazard response and waste programs. In October 2022, OLEM released its Environmental Justice...more

Rivkin Radler LLP

What Do You Do if an Oil Tank Is Buried in Your Yard?

Rivkin Radler LLP on

It is not uncommon for Lloyd Harbor residents to have old steel heating oil tanks buried in their yards. Although these underground tanks continue to successfully heat our homes, they do not last forever. They are not...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Underground Storage Tank Performance Measures for All States/Territories/Tribes: U.S. Environmental Protection Agency Semiannual...

The United States Environmental Protection Agency (“EPA”) published a February 8th report titled: USTs by the Numbers: How Did You Do? (“Report”) The Report is published twice a year by EPA and provides Underground...more

Beveridge & Diamond PC

Michigan Court Defers to Regulator’s Concurrent Jurisdiction in UST Cleanup

Beveridge & Diamond PC on

In a decision highlighting a practical challenge in pursuing tort claims against some underground storage tank (“UST”) owners and operators, the Michigan Court of Appeals held that a trial court could nix a lawsuit stemming...more

Cozen O'Connor

Texas Court: No Prejudice Required to Deny for Late Reporting Under a Claims-Made Policy

Cozen O'Connor on

This summer in Nicholas Petroleum, Inc. v. Mid-Continent Cas. Co., 2015 WL 4456185, 2015 Tex. App. LEXIS 7489 (Tex.App., Jul. 21, 2015), a Dallas panel of Texas’ intermediate level appellate court rejected policyholder...more

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