pollution liability coverage Articles

  • White Paper on Environmental Liability

     Executive Summary This White Paper explores various ways to shape an EC-wide environmental liability regime, in order to improve application of the environmental principles in the EC Treaty and implementation of EC environmental law, and to ensure adequate restoration of the environment. The background includes a Commission Green Paper in 1993, a joint hearing with the European Parliament ...

  • Ministers Reach Deal on EU Liability Plan

    European environment ministers meeting in Luxembourg today agreed in principle on an EU financial liability regime for environmental damage caused by companies. Preliminary details of the compromise emerged late in the afternoon. The settlement provides comfort to both industry lobbyists and environmental campaigners. Ministers have said that liability insurance should be voluntary pending a ...

  • Storm Water Pollution Prevention Plans

    Why Your Railroad Facility Needs One and What to do About It Did you know that that railroad facilities are subject to the Clean Water Act? This includes requirements to have a ...


    By Antea Group - USA

  • 2013 Predictions for EPA`s Office of Chemical Safety and Pollution Prevention

    Bergeson & Campbell, P.C.'s (B&C) thoughts are below on what may be headed our way in 2013 from the U.S. Environmental Protection Agency's (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP). Although the 2012 Presidential Election is over, environmental issues will continue to be used to make distinctions between the two parties (or between the House and Senate). Speculation ...


    By Bergeson & Campbell, P.C.

  • Predictions for EPA`s Office of Chemical Safety and Pollution Prevention

    Bergeson & Campbell, P.C.'s (B&C) thoughts are below on what may be headed our way in 2013 from the U.S. Environmental Protection Agency's (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP). Although the 2012 Presidential Election is over, environmental issues will continue to be used to make distinctions between the two parties (or between the House and Senate). Speculation ...


    By Bergeson & Campbell, P.C.

  • 2013 Predictions for EPA`s Office of Chemical Safety and Pollution Prevention

    The Acta Group's (Acta) thoughts are below on what may be headed our way in 2013 from the U.S. Environmental Protection Agency's (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP). Although the 2012 Presidential Election is over, environmental issues will continue to be used to make distinctions between the two parties (or between the House and Senate). Speculation is currently rife ...


    By Acta Group

  • Predictions for EPA`s Office of Chemical Safety and Pollution Prevention

    The Acta Group's (Acta) thoughts are below on what may be headed our way in 2013 from the U.S. Environmental Protection Agency's (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP). Although the 2012 Presidential Election is over, environmental issues will continue to be used to make distinctions between the two parties (or between the House and Senate). Speculation is currently rife ...


    By Acta Group

  • The Availability of EIL Insurance During the 80’s and Early 90’s

    Introduction In Owens-Illinois, Inc. v. United Ins. Co., the New Jersey Supreme Court held that, in allocating insurance coverage for indivisible losses that trigger multiple coverage periods, the policyholder must share pro rata responsibility1 for self-insured, under-insured, and uninsured periods. When the policyholder has decided to forego insurance, as opposed to periods in which insurance ...

  • Legends Explains Environmental Consultants’ Insurance Needs

    Environmental consultants protect people and the environment from possible harm due to a variety of situations and contaminants.  The nature of their work makes it essential that they are protected by an insurance policy that covers their needs.  These needs can be diverse, depending upon their services and clientele, so it’s important that they understand the various types of ...


    By Cochrane & Associates, LLC

  • Common insurance misconceptions

    There are some common misconceptions regarding insurance for the waste industry. The most prevalent of which revolves around Environmental Insurance and who really needs this coverage. Many waste industry operators believe this type of coverage is only needed by hazardous waste haulers or entities engaged in landfill operations. While both of these operations would need environmental coverage, it ...


    By Waste Advantage Magazine

  • Environmental Insurance for Lenders: What is It, and Can It Substitute for Due Diligence?

     This article addresses two aspects of the new environmental insurance policies for lenders (usually referred to as Secured Creditor, or SC, policies): that of the sometimes significant differences among the policies now on the market, and the controversial due diligence issue - whether the policies can be a 'substitute' for environmental due diligence or a Phase I. The four major ...

  • Environmental Insurance: Tailored to Fit

     More sophisticated insurance tools are making it earier to protect your property Contaminated properties represent a huge investment opportunity, but much of it lies untapped because of environmental liability concerns. Anyone who buys property that is actually or potentially contaminated should consider it as a risk management option, and they should do so very early in the brownfield ...

  • Environmental Insurance: Finding a Good Tailor

     An article by this author in the December 1999 issue of Brownfield News analyzed two new environmental insurance products, the cleanup cost cap and pollution liability policies, which have proven to be key factors in the success of some contaminated property transactions. The article explained that, to achieve this success, environmental insurance experts need to tailor the policy to the ...

  • The New Environmental Insurance Products: When Does it Make Sense to Buy Them?

     Part One Introduction Real estate transactions with environmental problems often founder on attempts to shift the liabilities from one party to the other. In transactions with other types of problems, insurance is a popular risk transfer mechanism,  and is regularly used for that purpose, but it is used far less often when there are environmental risks. This so-called ...

  • Understanding Environmental Insurance & How it Works for You

    For environmental contractors and consultants, environmental insurance provides them with the ability to grow a business and bid on contracts. Without the correct limits, or complete coverage, a company is unlikely to be awarded lucrative contracts.   It’s important for environmental contractors and consultants to understand their insurance needs and what is covered in their policies. ...

  • Renewable Energy Projects on Contaminated Property | Managing the Risks Part II

    Part II of Renewable Energy Projects on Contaminated Property | Managing the Risks The First entry can be found at Part I Risk and Exposures in the Life Cycle of a Project The typical renewable energy project involves multiple parties: tax equity investors; equity investors; local utilities; engineering, procurement, ...

  • Renewable Energy Projects on Contaminated Property: Managing The Risks

    Managing brownfields risks requires complex technical and legal analysis. Analyzing risks in renewable energy projects is equally complex. Both projects involve several contracts that must be integrated and made consistent with each other. Combining these types of projects creates a unique combination of risks, including, for sites where institutional/engineering controls are part of the remedy, ...

  • Integrated Environmental Risk Management in Real Estate Transactions

     Traditional risk management posits a rational, five-step process for managing risks. The outstanding differences between this traditional process and the environmental risk management process lie in the technicality and complexity of step one (identifying and analyzing environmental risk) and of the first part of step two (examining the feasibility of  alternative risk management, ...

  • EPA Releases Draft NPDES Pesticide General Permit for Discharges

    On January 26, 2016, the U.S. Environmental Protection Agency (EPA) published its draft National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges from the Application of Pesticides in the Federal ...


    By Bergeson & Campbell, P.C.

  • Insurance Matures for Redevelopment

    After going through an often-painful learning curve in the late 1970s and 1980s, insurance underwriters have developed increasing expertise in writing policies to protect property owners, contractors and other parties in site-remediation projects against unforeseen cost exposures. Two principal insurance vehicles - remediation cost-cap and pollution legal liability (PLL) - are used on many ...

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