By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen

shutterstock_132968252Seyfarth Synopsis: The Northern District of Indiana rejected the insurer’s assertion that its pollution exclusion clauses unambiguously included all contaminants.

Indiana, unlike other jurisdictions, is pro-insured when it comes to providing coverage for damages arising from pollution events. This is so even where the insurance policy
Continue Reading Despite Pollution Exclusion, Insurer On Hook for Contamination in Indiana

The Illinois Sustainable Technology Center will present a scientific workshop on “PCBs and Their Impact on Illinois,” at the University of Illinois, Chicago, Student Center East, in Chicago, Illinois, on September 17, 2014.

The Center notes that PCBs (polychlorinated biphenyls) “are a class of synthetic chemicals widely used in industry as a coolant and electrical insulator. Their use
Continue Reading Scientific Workshop on PCBs and Their Impacts

By Andrew H. Perellis and Ilana Morady

If you sell products that you no longer need that contain residual hazardous substances, and the buyer mishandles them so as to create the need for remediation, are you liable under CERCLA for having arranged for disposal of the hazardous substance?

A federal District Court recently granted summary judgment to a CERCLA defendant

Continue Reading Seller of Drained Transformers Containing Residual PCBs Insulated From CERCLA “Arranger” Liability

By Andrew H. Perellis and Ilana R. Morady

The United States Court of Appeals for the First Circuit recently issued an opinion holding that arranger liability under Section 9607(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) can attach to a potentially responsible party (PRP) even if a PRP does not direct a site owner to dispose of

Continue Reading U.S. v. General Electric: First Circuit Clarifies Reach of CERCLA Arranger Liability