By Benjamin D. BriggsAdam R. YoungPatrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: As Canadian wildfire smoke spreads across the Northern United States, employers should review the CDC/NIOSH guidance on occupational exposure to wildfire smoke and implement effective measures to protect employees. 

Canadian forests continue to burn, with about 3.8 million hectares (9.4 million

Continue Reading See Through the Haze: NIOSH Guidance on Outdoor Workers Exposed to Wildfire Smoke

By Jeryl L. Olson and Andrew H. Perellis

Seyfarth Synopsis: USEPA published an Interpretive Statement (dated April 12, 2019), which according to the Agency “clarifies” that releases of pollutants to groundwater from a point source are “categorically excluded” from Clean Water Act National Pollutant Discharge Elimination System (NPDES) permitting requirements. 

According to the Agency, the exclusion applies regardless of
Continue Reading USEPA Determines Pollutant Releases to Groundwater from Point Source Do Not Require NPDES Permit

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

By Andrew H. Perellis

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

Continue Reading “Absolute Pollution Exclusion” Not Really Absolute: Insurance Coverage for Damages May Exist Where Emissions Were In Compliance With A Permit, Thus Triggering Duty to Defend