An Illinois Appellate Court has weighed in on whether the “absolute pollution exclusion,” found in the typical commercial liability insurance policy, bars coverage for liabilities arising from emissions that complied with a permit limitation. In Erie Insurance Exchange v. Imperial Marble Corp., the Third District (No. 3-10-0380; September 15, 2011) concluded that the pollution exclusion
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Homebuilder to Pay $625,000 Penalty for Construction Site Stormwater Violations
By Seyfarth Shaw LLP on
By Andrew H. Perellis and Craig B. Simonsen
The U.S. Department of Justice (DOJ) and The Ryland Group Inc. (Ryland Homes), have filed a proposed consent decree to resolve Clean Water Act violations. The complaint, filed simultaneously with the proposed consent decree in the U.S. District Court in Charlotte, N.C., alleged violations that were discovered through site inspections and…
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District Court Finds That 2002 NSR Rules Provide Source Operators with Flexibility
By Jeryl L. Olson on
Posted in Environmental Compliance, Environmental Litigation
By Jeryl L. Olson and Craig B. Simonsen
In United States v. DTE Energy Company, Docket No. 10-13101 (E.D. MI, Aug. 23, 2011), Judge Bernard Friedman recently found for the defendant, DTE Energy Company (DTE) in a New Source Review (NSR) permit dispute. In the complaint, the United States alleged that DTE violated the Clean Air Act (CAA) and…
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