Pollution

Pollution is a general term that means an introduction of contaminants into the natural environment that causes adverse change. While there are many forms of pollution, insurers are generally most concerned with air and water pollution because of the widespread, long-term and expensive health risks they pose.

Background

Air pollution is the release of chemicals and particulates into the atmosphere. It can be composed of dust or excessive gases coming from power plants, factories, incinerators, motor vehicles, aircraft, controlled agricultural or forest burns, methane gas from animals, building construction and other sources, and cannot be effectively removed through natural cycles. Air pollution can cause an increase in smog, acid rain, crop depletion, and medical problems such as asthma. Water pollution is the contamination of water through chemical, particulate, or bacterial means and degrades water quality and purity. Water pollution can be caused by improper waste disposal, increased sediment from soil erosion, the leaching of soil pollution into water supplies, and more.

While air and water pollution are naturally at the forefront of any discussion about pollution, other identified forms of pollution include light pollution, littering, noise pollution, plastic pollution, radioactive contamination, soil pollution, thermal pollution, and visual pollution.

Injuries and Damages

The detrimental effects of air and water pollution cannot be underestimated, and new discoveries about the nature and extent of pollution-related damages are constantly being made.

Human Health Effects of Air Pollution
People exposed to high enough levels of air pollutants can experience eye, nose, and throat irritation, breathing difficulties, worsening of existing lung and heart problems such as asthma, and increased risk of heart attack. Additionally, long-term exposure to air pollution can cause cancer and damage to the immune, neurological, reproductive, and respiratory systems. Children, the elderly, and people who are active outdoors may be more sensitive and can have more severe reactions to air pollution. The result is increased medication use, increased doctor and emergency room visits, more hospital admissions, and even premature death.

Environmental Effects of Air Pollution
Air pollution can cause a variety of environmental effects. Acid rain is precipitation that contains harmful amounts of nitric and sulfuric acids; the concentration of these acids is related to the burning of fossil fuels. The acids fall to Earth as wet precipitation (rain, snow, or fog) or dry precipitation (gas and particulates). Acid rain damages trees and causes soils and bodies of water to acidify, making the water unsuitable for fish and wildlife. It also speeds the decay of buildings, statues, and sculptures. Acid rain itself does not harm humans; however, the pollutants that cause acid rain damage human health.

Ozone is a gas that occurs both at ground-level and in the Earth’s stratosphere.
At ground level, ozone is a pollutant that can harm human health. In the stratosphere, ozone forms a protective layer that protects life on earth from the sun’s harmful ultraviolet rays. The use of certain man-made chemicals such as chlorofluorocarbons, hydrochlorofluorocarbons, and halons, which are used in coolants, foaming agents, solvents, and pesticides, leads to the depletion of the protective ozone layer. Thinning of the ozone layer allows increased amounts of ultraviolet radiation to reach the ground level of the Earth and potentially leads to more cases of skin cancer, cataracts, and impaired immune systems.

The Earth’s atmosphere contains a balance of naturally occurring gases that trap some of the sun’s heat near the Earth’s surface. This is called the “greenhouse effect” and it keeps the Earth’s temperature stable. However, evidence is mounting that human activities have disturbed the natural balance of gases by producing large amounts of some of the greenhouse gases such as carbon dioxide and methane. As a result, the atmosphere seems to be trapping more of the sun’s heat, causing global warming. Most scientists agree that global warming will have significant impacts on not only human health, but also on agriculture, water supplies, forests, and wildlife.

Air Pollution Case Study: Delhi
Delhi, the capital of India, is notorious for its poor air quality, sometimes thought to be among the worst for any major city in the world. Air pollution in India is attributed to industrial and vehicular emissions as well as its dependence on fossil fuels, and it has the world’s highest death rate from chronic respiratory diseases and asthma. Air quality is expressed by the “PM10” index, which refers to particulate matter less than 10 micrometers in diameter, and “PM 2.5,” which refers to particulate matter less than 2.5 micrometers in diameter. Both pose significant health risks, as the particles penetrate the lungs and affect all body systems. On September 21, 2018, Delhi’s air quality showed a measurement of “143 PM2.5, PM10,” a pollution level expressed as being “moderate.”

Human Health Effects of Water Pollution
Water pollution results in degraded water quality and purity that can pose serious health risks for humans. Polluted water can cause excessive algae to grow. Drinking water that is affected by a harmful algal bloom can cause serious health problems including rashes, stomach or liver illnesses, respiratory problems, and neurological effects. Infants who drink water contaminated by high levels of nitrates, a compound found in fertilizers, can become seriously ill and die. Direct contact with polluted water through swimming in contaminated water sources can expose swimmers to harmful pathogens that can lead to rashes, infections, and gastroenteritis. Impure drinking water can cause deadly outbreaks of cholera, hepatitis A, and diarrhea.

Environmental Effects of Water Pollution
The effects of water pollution depend on what pollutants are dumped and where they are deposited. Most water bodies near urban areas, as well as many coastlines, are heavily polluted. Water pollution can cause mass poisonings and death of aquatic animals, such as fish, crabs, birds, and dolphins. Polluted waters can destroy ecosystems through excessive algae growth. These disruptions lead to greater disturbances in the natural food chain that adversely alter the existences of creatures that live on or near the water. Humans who eat poisoned seafood can contract life-threatening diseases such as hepatitis.

Legislation and Regulation

Air and water pollution are heavily regulated. The Clean Air Act and the Clean Water Act are described below, including information as to the form and intentions with which they were originally passed, but it is important to note that the current administration is seeking to “revisit or weaken environmental rules,” according to the New York Times. The paper reported, for example, on administration efforts to retract curbs on mercury emissions, let coal plants that are near retirement be refurbished and keep running without adding expensive pollution controls, roll back automobile emissions standards, and not look at air, water or ground contaminants in determining the health and safety of potentially toxic chemicals.

The Clean Air Act
The Clean Air Act is federal legislation designed to control air pollution on a national level. It is one of the most comprehensive air quality laws in the world. Signed into law in 1963, the Clean Air Act has seen four major amendments, including the Air Quality Act of 1967, the Clean Air Extension of 1970, the Clean Air Act Amendments of 1977, and the Clean Air Act Amendments of 1990. Through these amendments, further air pollution reduction measures have been added, including those addressing regulations for both industrial pollution sources as well as mobile sources; acid rain; ozone depletion; and toxic air pollution. The Clean Air Act was the first major environmental law in the US to include a provision for citizen suits.

As emissions have fallen over the past 25 years, public health has improved considerably. The Environmental Protection Agency (EPA) estimates that by 2020, the 1990 Clean Air Act amendments will prevent 230,000 adult and 280 infant deaths from particle pollution every year, along with over 2.4 million serious asthma attacks, 120,000 emergency room visits, and more than 22 million school and work days lost to air pollution-related illnesses. The EPA reports that every dollar spent reducing air pollution creates $3 to $90 in benefits. The economic value of the improvements spurred by the Clean Air Act is expected to reach almost $2 trillion by 2020.

The Clean Water Act
The Clean Water Act (CWA) is the primary federal law in the U.S. governing water pollution. It establishes the basic structure for regulating discharges of pollutants into U.S. waters and regulating quality standards for surface waters. Originally called the Federal Water Pollution Control Act, the Act was significantly reorganized and expanded in 1972. The “Clean Water Act” then became the Act’s common name. The CWA’s objective is to restore and maintain the chemical, physical, and biological integrity of the nation’s water by preventing pollution sources, providing assistance to publicly owned treatment works, and maintaining the integrity of wetlands.

The Clean Water Act does not directly address groundwater contamination. Groundwater protection provisions are included in the Safe Drinking Water Act (SDWA), and other legislation. The SDWA protects public drinking water supplies throughout the nation and sets standards for drinking water quality. Under the SDWA, the Environmental Protection Agency (EPA) oversees the states, localities, and water suppliers who implement those standards.

Liability and Insurance

Specific pollution insurance addresses costs related to pollution, including brownfield restoration and cleanup, and liability for injuries and deaths caused by pollution. Most broad commercial general insurance or property insurance policies, however, contain pollution exclusions and generally do not cover in full losses due to pollution, although there may be limited pollution coverage for certain situations. Pollution insurance, where available, typically takes the form of first-party coverage for contamination of insured property either by external or on-site sources. Coverage might also be afforded for liability to third parties arising from contamination of air, water, or land due to the sudden and accidental release of hazardous materials from the insured site.

Litigation

Environmental regulations and disputes over pollution rules involve issues that affect every living thing and generate enormous multi-party litigation. Pollution-related litigation is certain to continue and grow in volume, complexity and expense, as the examples below demonstrate.

“Waters of the U.S.” Litigation
In June 2015, the U.S. Army Corps of Engineers and the EPA jointly adopted a rule they called the “Waters of the United States Rule” (WOTUS) that amended the definition of the term “waters of the United States” as used in the Clean Water Act. The WOTUS Rule was immediately challenged in several federal district courts on various grounds, including that the Rule expanded the jurisdiction of the federal government and disturbed the federal-state regulatory balance. The cases were consolidated in the U.S. Court of Appeals for the Sixth Circuit and the National Association of Manufacturers intervened in the litigation. In October 2015 the Court stayed the rule nationwide. Several parties sought to dismiss the case on the ground that jurisdiction was properly held by federal district courts -- not the Sixth Circuit. In Murray Energy Corp. v. United States DOD (In re United States DOD), 817 F.3d 261 (U.S. Court of Appeals for the Sixth Circuit, Feb. 22, 2016), the panel found that it had jurisdiction to hear challenges to the rule. The National Association of Manufacturers sought and was denied an en banc rehearing of the case. The U.S. Supreme Court granted certiorari on January 13, 2017 in National Association of Manufacturers v. Department of Defense, No. 16-299 and arguments were heard on October 11, 2017. The Murray decision was reversed and remanded by Nat'l Ass'n of Mfrs. v. DOD, 138 S. Ct. 617 (Jan. 22, 2018), with instructions to dismiss the case for lack of jurisdiction.

“Clean Power Plant” Rule Litigation
Legislation regarding carbon dioxide emissions from power plants has generated large-scale ongoing litigation. A March 8, 2017 report by the Congressional Research Service reported that on October 23, 2015, the EPA published its final Clean Power Plant rule (Rule) requiring states to submit plans setting interim goals for reducing carbon dioxide emissions from existing fossil fuel-powered power plants, with final reduction goals to be achieved by 2030. The Rule generated controversy that resulted in a large multiparty litigation currently underway in the U.S. Court of Appeals for the District of Columbia Circuit, West Virginia v. Environmental Protection Agency, No. 15-1363. The full D.C. Circuit panel heard arguments on September 27, 2016; the litigation is ongoing. A parallel litigation in the D.C. Circuit, North Dakota v. Environmental Protection Agency, No. 15-1381, filed on October 23, 2015, challenges a related EPA regulation that sets new standards limiting carbon dioxide emissions from rebuilt, new or modified fossil fuel-fired power plants. The EPA stated as of October 2017 that it was continuing to review the new source performance standards and that the cases should remain in abeyance pending the EPA’s review and possible rulemaking. An unusual mid-case application to the U.S. Supreme Court filed in January 2016 resulted in the Rule being stayed for the duration of the litigation, although the litigation continued under Order in Pending Case, West Virginia v. EPA, No. 15A773 (S. Ct. February 9, 2016). Experts believe that given the high stakes in the case, an appeal to the U.S. Supreme Court is nearly certain.

Other Litigation
Other pollution-related environmental lawsuits involve the legal handling of the interstate impacts of pollution in a case involving a mine spill, the “waste” classification of coal ash, and suits over an EPA rule that allows water to be transferred between basins without a permit even if the water is contaminated. At issue in Southwestern Electric Power Co. v. U.S. Environmental Protection Agency, No. 15-60821, consolidated with other actions in the U.S. Court of Appeals for the Fifth Circuit, is a power plant effluent limitation rule that regulates metals such as mercury, lead and selenium in wastewater. The EPA made a request, granted by the Fifth Circuit, that the case be held in abeyance to allow the agency time to reconsider the rule after reviewing objections filed by several parties.

Future Outlook

All forms of pollution pose risks to the population and environment and can be a source of industrial or personal liability. The health risks associated with pollution will only grow as industrialization and globalization grows. Insurers must stay well aware of legislation and regulations surrounding pollution in the United States, as well as the global levels and effects of pollution.

References

2024

• Huthi-struck Oil Tanker Could Spill 'Million Barrels,' US Warns - AFP (08/24/2024)
  The United States warned Saturday of a potential environmental disaster in the Red Sea after Huthi rebels struck an oil tanker off the Yemeni coast. The Greek-flagged Sounion was struck on Wednesday off the rebel-held port city of Hodeida, with the Iran-backed Huthis claiming to have hit the vessel with drones and missiles.
• Environmental groups, Florida regulators settle lawsuit over massive 2021 leak of polluted waters - Curt Anderson, The Associated Press (07/09/2024)
  Environmental groups and Florida regulators have settled a lawsuit over the 2021 leak of millions of gallons of polluted water from a phosphate plant reservoir into Tampa Bay, which triggered major fish kills and the temporary evacuation of dozens of nearby residents.
• Baltimore sues Coke, Pepsi and other producers of plastic, citing pollution concerns - Christine Condon, Baltimore Sun (06/20/2024)
  Baltimore City filed suit Thursday against several companies that produce plastics, arguing they should foot the bill for cleaning up plastic pollution on city streets and in the city’s bodies of water.
• Arizona lawmakers sue Biden administration over EPA pollution rule - Clyde Hughes, UPI (03/27/2024)
  Arizona's Republican legislative leaders and the state's Chamber of Commerce sued the Environmental Protection Agency over new pollution standards. The filing in a Washington appeals court on Monday said the new EPA standards were "arbitrary, capricious and an abuse of discretion" that would damage the economy and called on the court to vacate it. Arizona's Senate President Warren Peterson, released a statement saying it is being joined by House Speaker Ben Toma and the chamber in the lawsuit.
• Tesla settles for $1.5 million after allegations of illegally disposing hazardous waste - Andrew J. Campa, The Los Angeles Times (02/02/2024)
  An environmental investigation by the San Francisco district attorney’s office that began in 2018 and spurred similar inquiries throughout the state concluded Thursday, when a San Joaquin County judge ordered Tesla to pay $1.5 million for improperly disposing of hazardous materials.
• Tesla sued by California counties over hazardous waste - Clark Mindock, Reuters (01/31/2024)
  A group of 25 California counties have sued Elon Musk's Tesla claiming the electric vehicle maker mishandled hazardous waste at its facilities across the state. The lawsuit from Los Angeles, Alameda, San Joaquin, San Francisco and other counties was filed on Tuesday in California state court. It seeks civil penalties and an injunction that would require the company to properly handle its waste in the future.

2023

• Engine Maker Cummins Paying Record $1.7 Billion For Allegedly Bypassing Emissions Tests - Antonio Pequeño IV, Forbes (12/22/2023)
  Cummins Inc. will pay a whopping $1.67 billion fine to settle claims it violated the Clean Air Act by using devices that bypass emissions sensors on hundreds of thousands of pickup truck engines, potentially making the diesel engine maker responsible for the second-largest civil environmental penalty ever.
• Pomona wins $30 million in lawsuit over perchlorate contamination in drinking water - Mercedes Cannon-Tran, Daily Bulletin (11/24/2023)
  A federal judge has awarded Pomona $30 million to close the book on the city’s protracted legal battle over contaminated drinking water, officials announced.
• New York sues PepsiCo in effort to hold it responsible for litter that winds up in rivers - Maysoon Khan, The Associated Press (11/15/2023)
  New York state sued PepsiCo on Wednesday in an effort to hold the soda-and-snack food giant partly responsible for litter that winds up in bodies of water supplying the city of Buffalo with drinking water.
• Freight Train Carrying Hot Asphalt and Molten Sulfur Plunges into Yellowstone River - Matthew Brown and Gene Johnson, Time (06/25/2023)
  A bridge that crosses the Yellowstone River in Montana collapsed early Saturday, plunging portions of a freight train carrying hazardous materials into the rushing water below. The train cars were carrying hot asphalt and molten sulfur, Stillwater County Disaster and Emergency Services said.
• EPA pollution limits aim to boost US electric vehicle sales - Matthew Daly and Tom Krisher, The Associated Press (04/12/2023)
  The Biden administration is proposing strict new automobile pollution limits that would require as many as two-thirds of new vehicles sold in the U.S. to be electric by 2032, a nearly tenfold increase over current electric vehicle sales.
• Environmental groups accuse EPA of failing to update water pollution standards for oil refineries and other industries - Michael Hawthorne, Phys.org (04/11/2023)
  A petition filed Tuesday accuses the U.S. Environmental Protection Agency of violating the federal Clean Water Act by failing to require standards reflecting current pollution-control technologies for refiners and six other industries.
• Monitors show months-old Alabama landfill fire polluting air - The Associated Press, The Associated Press (01/16/2023)
  An underground fire at an Alabama landfill has continued to pollute the air in eastern parts of the Birmingham region more than 50 days after a fire began underground, according to air quality monitors.

   

2022

• Study warns of 'colossal' future legal claims over plastic pollution - Chris Voloschuk, Recycling Today (10/17/2022)
  A detailed study conducted by the Nedlands, Western Australia-based Minderoo Foundation, along with London-based legal firm Clyde & Co. and liability risk consultancy Praedicat, Los Angeles, says that plastic’s range of harmful impacts could trigger potentially huge liability claims in the coming years against the petrochemical industry, which manufactures the polymers and chemical additives used in plastic.

   

• Plastic Pollution Could Trigger Legal Claims Worth Billions Of Dollars, Warns Report - Jamie Hailstone, Forbes (10/14/2022)
  The global petrochemical industry could face multi-billion-dollar legal claims over the damage caused by plastic pollution, according to a new study.

   

• Cancer-causing pesticide polluted local rivers for decades, D.C. alleges - Kyle Swenson, The Washington Post (10/13/2022)
  D.C. Attorney General Karl A. Racine announced a lawsuit against a chemical manufacturer on Thursday, alleging that its pesticide contaminated the Potomac and the Anacostia rivers for decades with chemicals it knew were linked to cancer.

   

• Wolverine Worldwide, 3M to pay $54M in PFAS class settlement - Garret Ellison, Michigan Live (09/21/2022)
  Wolverine Worldwide and 3M will pay $54 million to Michigan property owners harmed by PFAS contamination under a proposed settlement in a class action case filed in the wake of the pollution discovery five years ago.

   

• 4 families sue US over Navy fuel-tainted Hawaii tap water - Jennifer Sinco Kelleher, The Associated Press (08/31/2022)
  The U.S. Navy “harbored toxic secrets” when jet fuel contaminated drinking water for 93,000 military members and civilians in Hawaii, according to a lawsuit filed Wednesday from four families who say they’re still suffering from seizures, gastrointestinal disorders and neurological issues.

   

• EPA proposes to designate two ‘forever chemicals’ as hazardous, aiming to bolster clean up - Rachel Frazin, The Hill (08/26/2022)
  The Environmental Protection Agency (EPA) is proposing to designate two types of “forever chemicals” as hazardous substances, aiming to expand both cleanup and accountability for this pollution.
  
  

   

• Maine Attorney General Plans to Sue Over PFAS Contamination - The Associated Press, U.S. News & World Report (05/17/2022)
  Maine Attorney General Aaron Frey said the state is preparing for a lawsuit against manufacturers of so-called forever chemicals.
  
  

   

• $230M settlement reached over 2015 California oil spill - The Associated Press, The Associated Press (05/14/2022)
  The owner of an oil pipeline that spewed thousands of barrels of crude oil onto Southern California beaches in 2015 has agreed to pay $230 million to settle a class-action lawsuit brought by fishermen and property owners, court documents show.

   

• Florida sues chemical companies over potential health risks from firefighting foam - Zachary T. Sampson, The Miami Herald (05/03/2022)
  Florida is suing the makers of certain firefighting foams, accusing them of polluting the environment and potentially sickening people with chemicals.
  
  

   

2021

• Juries award students, parents, teachers $247 million for toxic exposure at Sky Valley Education Center in Monroe - Lulu Ramadan, The Seattle Times (11/12/2021)
  Students and parents who say they suffered brain injuries from exposure to toxic chemicals at a Monroe public school were awarded $62 million by a jury on Wednesday in the second successful lawsuit involving noxious conditions at the school.
  
  

   

• Sempra subsidiary settles lawsuits over massive gas leak for $1.8 billion - Greg Moran & Mike Freeman, The San Diego Union-Tribune (09/27/2021)
  Southern California Gas Company, a subsidiary of San Diego-based Sempra Energy, said Monday it has agreed to pay up to $1.8 billion to settle lawsuits from individuals and businesses over a months-long gas leak at its Aliso Canyon storage facility near Los Angeles in 2015.
  
  

   

• Fukushima: Japan announces it will dump contaminated water into sea - Justin McCurry, The Guardian (04/13/2021)
  Japan has announced it will release more than 1m tonnes of contaminated water from the wrecked Fukushima nuclear power plant into the sea, a decision that has angered neighbouring countries, including China, and local fishers.
  
  

   

• Widow of SC nuclear site worker wins 14-year battle with the feds - Sammy Fretwell, The State (04/12/2021)
  A South Carolina widow who says her husband was exposed to toxins at a federal atomic weapons complex has won a 14 year fight with the government over compensation for the man’s death.
  
  

   

• Pollution settlements cost Delaware poultry producer $205 million - Frank Kummer, The Philadelphia Inquirer (04/12/2021)
  Two legal settlements will cost one of the largest chicken producers in the country $205 million over claims its Delaware plant disposed of wastewater and sludge that polluted nearby waterways, private water wells, and surrounding air, according to lawyers involved in the case.
  
  

   

• Alaska files lawsuit against toxic chemical producers - The Associated Press, The Associated Press (04/09/2021)
  Alaska officials have filed a lawsuit against the manufacturers of toxic, man-made “forever chemicals” that have been detected in some of the state’s groundwater.

   

• Maine paper mill hit with class-action lawsuit over 'forever chemical' contamination - Christopher Burns, Yahoo News (03/08/2021)
  A Fairfield man alleges that a Skowhegan paper mill is the source of "forever chemicals" that have contaminated numerous area wells.

   

• Nebraska regulators sue ethanol plant, citing pollution - Grant Schulte, The Associated Press (03/01/2021)
  State regulators filed a lawsuit Monday accusing a Nebraska ethanol plant of repeatedly failing to comply with their orders to clean up wastewater and old, pesticide-laced seed corn.

   

• Study finds subway air is heavily contaminated with hazardous pollutants - Justin George, The Washington Post (02/12/2021)
  A study found that subway air is heavily polluted, exposing transit workers and riders to high concentrations of hazardous metals and harmful pollutants.
  
  

   

• Auto Makers Abandon Challenge to California on Emissions Rules - Ben Foldy, The Wall Street Journal (02/02/2021)
  Toyota Motor Corp. , Stellantis NV and other auto makers that had joined the Trump administration in challenging California’s authority on auto emissions have abandoned the effort, saying they want to work with President Biden on new rules.
  
  

   

• 6 Killed In Liquid Nitrogen Leak At Georgia Poultry Plant - Jaclyn Diaz, NPR (01/29/2021)
  A liquid nitrogen leak at a poultry plant northeast of Atlanta killed six workers and sent 11 more to the hospital Thursday. At least three of the people hospitalized are in critical condition, officials said.
  
  

   

• DuPont, Chemours reach agreement over ‘forever chemicals’ - Randall Chase, The Associated Press (01/23/2021)
  The Dupont Co. and its spinoff business Chemours have agreed to resolve legal disputes over environmental liabilities for pollution related to man-made chemicals associated with an increased risk of cancer and other health problems.

   

• Toyota fined for failing to report, fix emissions defects - Tom Krisher, The Associated Press (01/14/2021)
  Toyota will pay $180 million to settle U.S. government allegations that it failed to report and fix pollution control defects in its vehicles for a decade.

   

• A final EPA rollback under Trump curbs use of health studies - Ellen Knickmeyer, PBS (01/05/2021)
  The Environmental Protection Agency has completed one of its last major rollbacks under the Trump administration, changing how it considers evidence of harm from pollutants in a way that opponents say could cripple future public-health regulation.
  
  

   

2020

• GM flips to California’s side in pollution fight with Trump - Tom Krisher, The Associated Press (11/23/2020)
  General Motors is switching sides in the legal fight against California’s right to set its own clean-air standards, abandoning the Trump administration as the president’s term nears its close.

   

• New Hampshire Sues Monsanto Over PCB Contamination - Associated Press, U.S. News & World Report (10/27/2020)
  New Hampshire filed a lawsuit Tuesday against the agrochemical giant Monsanto over what it says has been widespread PCB pollution in the state that has fouled waterways and found its way into the wildlife include seals, loons and fish.
  
  

   

• An idle Venezuelan tanker with millions of gallons of oil is creating panic in Trinidad - Jacqueline Charles, The Miami Herald (10/19/2020)
  More than 20 months after a Venezuelan oil tanker carrying nearly 55 million gallons of crude oil was abandoned off the country’s northern coast following tightened U.S. sanctions, inspectors from neighboring Trinidad and Tobago will finally get a chance to see for themselves if the idle vessel’s cargo could lead to a major ecological disaster off the Caribbean coast of South America.
  
  

   

• Massachusetts companies to pay $185,000 in settlement for discharging polluted stormwater into rivers, AG says - Melissa Hanson, Massachusetts Live (09/01/2020)
  Two companies in Massachusetts have reached a settlement with the office of Attorney General Maura Healey, agreeing to pay a total of $185,000 over allegations that the companies illegally discharged polluted industrial stormwater into local rivers.

   

• West Valley City files lawsuit against waste company over bad smell that has plagued the town - Taylor Stevens, The Salt Lake Tribune (06/09/2020)
  In West Valley City, there’s an “intolerable odor of human feces mixed with industrial waste” that’s so strong it has led some residents to limit their time outside and has hindered efforts to bring economic development to the area.
  
  
• The lead data regulator for much of big tech in Europe is moving inexorably towards issuing its first major cross-border GDPR decision — saying today it’s submitted a draft decision related to Twitter’s business to its fellow EU watchdogs for review. - Hiroko Tabuchi, The New York Times (06/01/2020)
  Volkswagen, the German automaker that admitted to a decade-long scheme to cheat on diesel emissions tests in the United States and elsewhere, could face a “staggering” volume of claims from local governments after a federal appeals court ruled on Monday that counties in Florida and in Utah could impose local pollution laws on the manufacturer.
  
  
• Volkswagen loses landmark German 'dieselgate' case - BBC News (05/25/2020)
  Germany's highest civil court has ruled that Volkswagen must pay compensation to a motorist who had bought one of its diesel minivans fitted with emissions-cheating software.
  
  
• Factory behind India gas leak operated illegally until 2019 - Hannah Ellis-Petersen, The Guardian (05/11/2020)
  The chemical factory that leaked gas into a coastal Indian city on Thursday morning, killing at least 12 people and putting hundreds in hospital, was operating illegally until at least the middle of 2019, documents show.
  
  
• Toxic gas leak at Indian chemical plant kills at least 11 and hospitalizes hundreds - Vedika Sud et al, CNN (05/07/2020)
  Bodies lay crumpled on the ground beside toppled motorcycles and cars as suffocating toxic gas rose from a chemical plant in southern India in the early hours of Thursday morning.
• Jury splits verdicts in PFAS cases; one couple gets $50M, the other nothing - Beth Burger, The Columbus Dispatch (03/02/2020)
  A jury in a U.S. District Court in Columbus awarded $50 million Monday to a man and his wife after the man suffered two bouts of testicular cancer that he said stemmed from years spent drinking water contaminated with “forever chemicals.”
  
  
• VW agrees to $912 million payments for Germans who sued - The Associated Press, ABC News (02/28/2020)
  German auto giant Volkswagen agreed Friday to pay 830 million euros ($912 million) in damages to hundreds of thousands of customers whose diesel cars were outfitted with software to manipulate emissions readings.
• https://www.freep.com/story/news/local/michigan/2020/02/19/judge-oks-pfas-contamination-settlement-wolverine-shoemaker/4814037002/ - Darcie Moran, Detroit Free Press (02/19/2020)
  A federal judge on Wednesday approved a settlement in the spread of potentially health-harming PFAS compounds surrounding a former Rockford, Michigan, shoe factory.
• 97,000-gallon tank of red wine leaks, spilling thousands of gallons into California river - Kate Larsen, ABC 7 (01/25/2020)
  A 97,000-gallon tank of cabernet sauvignon at a California winery sprang a leak Wednesday afternoon.
• State of Michigan sues 17 companies over PFAS contamination - Paul Egan, Detroit Free Press (01/14/2020)
  The state of Michigan filed suit Tuesday against 3M, DuPont and 15 other companies on accusations of contaminating the state with dangerous PFAS chemicals — known as "forever chemicals" because they are so slow to break down in the environment.
• Deltona man pays $850K settlement for helping cars evade EPA regulations - Marco Santana, MSN (01/11/2020)
  A Deltona man and his related businesses agreed to pay $850,000 for violating the federal Clean Air Act by selling aftermarket products that altered vehicles’ electronics systems so that they could illegally bypass EPA emissions requirements.
• Former Alaska Refinery Owner Ordered to Pay for Solvent Leak - Associated Press, US News & World Report (01/03/2020)
  The former owner of an Alaska crude oil refinery has been ordered to pay millions in damages for releasing large amounts of a refinery solvent, sulfolane, into groundwater and polluting hundreds of residents' drinking water wells.

2019

• Seattle barrel company used ‘hidden drain’ to dump caustic material into sewer, federal prosecutors say - Evan Bush, The Seattle Times (12/18/2019)
  Here’s how federal investigators say they found the “hidden drain” and unraveled an alleged pollution conspiracy by a century-old Seattle barrel company.
• BP to pay penalty to EPA for inadequate insurance on hazardous waste - Alex DeMarban, Anchorage Daily News (12/17/2019)
  The Environmental Protection Agency announced Monday that BP Exploration Alaska has agreed to pay a $125,100 penalty related to violations of its federal hazardous waste permit for activities on Alaska’s North Slope.
• https://apnews.com/8c0f066b05c47361387b29008032b2a0 Click to copy US Steel agrees to pay $8.5M to settle air pollution lawsuit - Associated Press (12/13/2019)
  U.S. Steel Corp. has agreed to pay $8.5 million to settle a 2017 class-action lawsuit that accused the steelmaker of negligence in allowing air pollution emissions from its Clairton Coke Works.
• Court Seems Ready to Curb Claims Over Montana Superfund Site - The Associated Press, The New York Times (12/03/2019)
  The Supreme Court seemed inclined Tuesday to rule that Montana homeowners who are seeking additional cleanup of arsenic left over from years of copper smelting need the permission of the Environmental Protection Agency.
• Formosa Plastics agrees to pay $50M for Texas Gulf pollution - Associated Press, The Seattle Times (10/15/2019)
  Formosa Plastics Corp. has agreed to pay $50 million to settle allegations that a company plant in Texas spilled tons of pellets into waterways near the Gulf of Mexico.
• Bacteria Hiding in South Carolina Marsh Cleans up Pollution - Associated Press, US News (10/07/2019)
  A South Carolina scientist is studying how bacteria found in the mud at state marshes could offer a solution for cleaning up environmental contamination.
• German court opens hearings on consumer suit against VW - AP News (09/30/2019)
  A German court opened proceedings Monday in a landmark case in which some 470,000 consumers aim to establish a right to compensation from automaker Volkswagen for cars affected by the company’s diesel emissions scandal.
• Golden company sues IBM for development site contamination - The Associated Press, The Denver Channel (09/18/2019)
  A Colorado developing company has filed a lawsuit against a New York-based computer corporation for dumping toxic waste in a landfill decades ago.
• Trump Will End California’s Authority to Set Stricter Auto Emissions Rules - Coral Davenport, The New York Times (09/17/2019)
  The Trump administration is expected on Wednesday to formally revoke California’s legal authority to set tailpipe pollution rules that are stricter than federal rules, in a move designed by the White House to strike twin blows against both the liberal-leaning state that President Trump has long antagonized and the environmental legacy of President Barack Obama.
• Delaware, New Jersey join lawsuit against EPA’s cross-state pollution rule - Mark Eichmann, whyy.org (02/01/2019)
  Six states are challenging the EPA’s ruling on smog pollution controls, which takes a hands-off approach to cross-state pollution. . . . The coalition includes Delaware, New Jersey, Connecticut, Massachusetts, Maryland, New York and New York City. . . . The EPA softened an Obama administration decision that restricted pollution affecting downwind states including Delaware and New Jersey. Under President Obama, the EPA determined that downwind states needed protection from emissions blowing across their borders. In December, the EPA under President Donald Trump finalized a rule that reversed that assessment.
• EPA criminal action against polluters hits 30-year low - ELLEN KNICKMEYER , AP (01/15/2019)
  The Environmental Protection Agency hit a 30-year low in 2018 in the number of pollution cases it referred for criminal prosecution, Justice Department data show. . . .EPA said in a statement that it is directing “its resources to the most significant and impactful cases.” . . . But the 166 cases referred for prosecution in the last fiscal year is the lowest number since 1988, when Ronald Reagan was president and 151 cases were referred, according to Justice Department data obtained by the nonprofit Public Employees for Environmental Responsibility advocacy group and released Tuesday. . . . “You don’t get closer to the core of EPA’s mission than enforcing the law,” Jeff Ruch, PEER’s executive director, told The Associated Press. “We’re reaching levels where the enforcement program is lacking a pulse.”

2018

• Trump EPA Proposes Major Rollback Of Federal Water Protections - NATHAN ROTT, NPR (12/11/2018)
  Vast amounts of wetlands and thousands of miles of U.S. waterways would no longer be federally protected by the Clean Water Act under a new proposal by the Trump administration. . . . The proposal, announced Tuesday at the Environmental Protection Agency, would change the EPA's definition of "waters of the United States," or WOTUS, limiting the types of waterways that fall under federal protection to major waterways, their tributaries, adjacent wetlands and a few other categories. . . . The change aims to "provide states and landowners the certainty they need to manage Andrew Wheeler. . . . Wheeler said the simpler approach would allow farmers, for example, to decide which water on their property is subject to federal regulation without paying thousands of dollars for consultants and engineers. He said it will also let them and others avoid expensive and time-consuming permits for an Obama-era regulation he called a "power grab." . . . . The proposed change stands in stark contrast to the definition put forward by the Obama administration in 2015, which aimed to widen federal clean water protections to include not only those large waterways, but also the smaller streams and tributaries that feed into them. For years, Republican opponents, agriculture groups and real estate developers have decried that move as a regulatory overreach.
• A man caught a brain-eating amoeba. Why did Waco surf park take so long to close? - Emily Foxhall, Houston Chronical (10/07/2018)
  On Sept. 8, a young man from New Jersey got in the water at Barefoot Ski Ranch, a surf park near Waco, to ride what some call the best artificial wave in the world. It was a Saturday, and the high was 87 degrees. . . .Thirteen days later, the man, Fabrizio Stabile, was dead — killed by a so-called “brain-eating amoeba,” known by scientists as Naegleria fowleri. . . . The story horrified surfers and others around the country. While the organism is commonly found in warm, fresh water, it rarely infects humans. When people do catch it, they almost certainly die. . . .Stabile’s case raised questions about how water was cleaned at the surf park, a new attraction growing in popularity across the country, and one of two in Texas. State law strictly regulates a similar park in Austin, but it is unclear whether the Waco park fit the same definition. A spokesperson for the Waco-McLennan County Public Health District said they did not inspect the facility and did not further explain why.
• Arsenic at toxic levels in Neuse, environmentalists say; Duke Energy disputes findings - JOHN MURAWSKI , The News & Observer (09/28/2018)
  Coal ash releases in the Neuse River have caused arsenic levels to be nearly 18 times higher than the state safety standard for drinking water, two environmental organizations said Friday. . . . The Upper Neuse Riverkeeper and the Waterkeeper Alliance said a coal ash spill at Duke Energy’s retired H.F. Lee Plant in Goldsboro is the source of the arsenic contamination in the river. The organizations said they also found elevated levels of lead and other heavy metals in lab analysis conducted by Pace Analytical in Raleigh. . . . Duke Energy strongly disputed the activists’ findings, saying its own lab tests show the Neuse River is not contaminated by flooding from Hurricane Florence.
• Contamination of land and the potential liability for directors - JD Supra (09/27/2018)
  The constitutional mandate relating to the environment gives every person a fundamental right to an environment that is not harmful to his or her well-being, and requires the environment to be protected for the benefit of the present and future generations. . . . Directors, as much as the companies they govern, are responsible to fulfil that mandate. This article focuses on the obligations relating to contaminated land as well as the liability this imposes on directors of companies.
• Air pollution causes ‘huge’ reduction in intelligence, study reveals - Damian Carrington and Lily Kuo, The Guardian (08/27/2018)
  Air pollution causes a “huge” reduction in intelligence, according to new research, indicating that the damage to society of toxic air is far deeper than the well-known impacts on physical health. . . .The research was conducted in China but is relevant across the world, with 95% of the global population breathing unsafe air. It found that high pollution levels led to significant drops in test scores in language and arithmetic, with the average impact equivalent to having lost a year of the person’s education. . . . “Polluted air can cause everyone to reduce their level of education by one year, which is huge,” said Xi Chen at Yale School of Public Health in the US, a member of the research team. “But we know the effect is worse for the elderly, especially those over 64, and for men, and for those with low education. If we calculate [the loss] for those, it may be a few years of education.”
• Josh Stein to Trump EPA: Stop plan to ‘censor science’ or face a lawsuit - WILL DORAN, THE NEWS AND OBSERVER (08/17/2018)
  A new rule being considered by the federal Environmental Protection Agency would “censor science,” N.C. Attorney General Josh Stein said Friday, after joining a critical letter to the Trump administration. . . . The proposed EPA rule “would severely limit the scientific evidence that EPA can consider when adopting rules and standards to protect human health and the environment,” the letter says. . . . Stein signed it along with the attorneys general of 14 other states and the District of Columbia, plus others. They sent it to Andrew Wheeler, the former coal lobbyist who is now in charge of the EPA after President Donald Trump’s previous choice to lead the environmental agency, Scott Pruitt, resigned in June while facing numerous scandals and ethics complaints. . . . Stein, a Democrat, said the new rule would ban the EPA from being able to use any scientific studies whose underlying data isn’t entirely available to the public, even if it’s peer-reviewed. In a statement posted online Friday, his office said this rule would force the EPA “to ignore many key health studies, since legally-required confidentiality protections prevent making those studies’ data public.“
• Hurricane Harvey’s Toxic Impact Deeper Than Public Told - AP (CBS News) (03/22/2018)
  A toxic onslaught from the nation's petrochemical hub was largely overshadowed by the record-shattering deluge of Hurricane Harvey as residents and first responders struggled to save lives and property. . . . More than a half-year after floodwaters swamped America's fourth-largest city, the extent of this environmental assault is beginning to surface, while questions about the long-term consequences for human health remain unanswered. . . . County, state and federal records pieced together by The Associated Press and The Houston Chronicle reveal a far more widespread toxic impact than authorities publicly reported after the storm slammed into the Texas coast in late August and then stalled over the Houston area. . . . Some 500 chemical plants, 10 refineries and more than 6,670 miles of intertwined oil, gas and chemical pipelines line the nation's largest energy corridor.
• Trump EPA moves to roll back more clean air and water rules, - Michael Biesecker and Matthew Brown, AP (03/01/2018)
  The Trump administration said Thursday it is rewriting Obama-era rules governing pollution from oil and gas operations and coal ash dumps, moves that opponents say will significantly weaken protections for human health and the environment. . . . The changes proposed by the Environmental Protection Agency are the latest in series of actions taken over the last year to roll back regulations opposed by the fossil-fuel industry. The agency said the revisions would save electric utilities $100 million per year in compliance costs, while oil and gas operators would reap up to $16 million in benefits by 2035. . . . Environmental advocates predicted the revisions would lead to dirtier air and water.
• 3M settles groundwater lawsuit for $850 million - Josephine Marcotty , Star Tribune (02/20/2018)
  3M Co. has agreed to give the state of Minnesota $850 million to resolve the biggest environmental lawsuit in the state’s history over the decades-long contamination of groundwater in the east metro area. . . . On Tuesday, the day that the trial between the state and 3M was set to begin, Attorney General Lori Swanson said the money will be used to clean up contaminated water in the communities that were affected by the perfluorinated chemicals (PFCs) used in consumer products like Teflon and Scotchgard that were dumped for years at four sites in Washington County. The agreement provides money for improved drinking water infrastructure, sustainability and natural resource projects. About 12 percent of the total will be paid to the national law firm Swanson retained on a contingency basis to represent the state.
• Minnesota’s $5B case over 3M chemicals heads to trial - Associated Press (02/19/2018)
  Minnesota officials will soon try to convince a jury that manufacturer 3M Co. should pay the state $5 billion to help clean up environmental damage that the state alleges was caused by pollutants the company dumped for decades. . . . The long-awaited trial begins Tuesday in Minneapolis. Experts say it could have wide-reaching implications if the state succeeds, in part because 3M and other companies legally dumped the chemicals for years in and outside Minnesota. . . . The case focuses on the company’s disposal of chemicals once used to make Scotchgard fabric protector and other products. The company denies it did anything wrong or illegal.

2017

• Lawsuit: 3M contamination led to more cancer, infertility - THE ASSOCIATED PRESS (ABC NEWS) (11/21/2017)
  Minnesota's attorney general alleges that chemicals dumped by 3M Co. in the Twin Cities metro led to an increase in cancer, infertility and babies with low birth weights. . . . The contamination caused $5 billion in health and environmental damage for which 3M should be liable, Attorney General Lori Swanson said Friday in a court filing. . . . The filing alleges that 3M knew the groundwater was contaminated years before it stopped making perflourinated chemicals, known as PFCs, and that it withheld critical information from the U.S. Environmental Protection Agency. . . . "3M, in pursuit of profit, deliberately disregarded the substantial risk of injury to the people and environment of Minnesota from its continued manufacture of PFCs and its improper disposal," the state said. . . . The state cited a study by David Sunding, a natural resources economist at the University of California, Berkley, in court documents. Sunding studied epidemiological data and birth and death records for Washington County and Oakdale from 2001 and 2016. He found Oakdale had a 30 percent increase in low birth weights and premature births compared to neighboring communities. The city's fertility rate was about 16 percent lower. . . . The lawsuit is a "misguided attempt" to force the company to pay for a problem that does not exist, 3M said. . . . "3M believes these chemicals present no harm at the levels they are observed in Minnesota," said William Brewer III, 3M's lead attorney. . . . The company began manufacturing PFCs in the 1940s and stopped production in 2002. The chemicals were used in fire-fighting foam, stain repellents, non-stick cookware and other household and industrial products. The company discarded the chemicals in landfills in Oakdale, Woodbury and Lake Elmo up until the 1970s.
• Monsanto’s Roundup Faces European Politics and U.S. Lawsuits - DANNY HAKIM, NY Times (10/04/2017)
  Monsanto’s flagship weed killer, Roundup, has had a tough year. And it could get worse. . . . With Roundup at the center of a federal case in the United States over claims that it causes cancer, European Union officials will meet in Brussels on Thursday as they weigh whether to allow the continued use of products that contain Roundup’s active ingredient, glyphosate, in its 28 nations.
• New Hazard in Storm Zone: Chemical Blasts and ‘Noxious’ Smoke - JULIE TURKEWITZ, HENRY FOUNTAIN and HIROKO TABUCHI, NY Times (08/31/2017)
  

  A series of explosions at a flood-damaged chemical plant outside Houston on Thursday drew sharp focus on hazards to public health and safety from the city’s vast petrochemical complex as the region begins a painstaking recovery from Hurricane Harvey. . . . The blasts at the plant, owned by the French chemical company Arkema, came after its main electrical system and backups failed, cutting off refrigeration systems that kept volatile chemicals stable. While nearby residents had been evacuated, 15 public safety officers were treated at a hospital after inhaling smoke from chemical fires that followed the explosions. . . . The Arkema plant has been identified as one of the most hazardous in the state. Its failure followed releases of contaminants from several other area petrochemical plants and systemic breakdowns of water and sewer systems in Houston and elsewhere in the storm-struck region. . . . The explosions — more are expected, the company said — will bring fresh scrutiny on whether these plants are adequately regulated and monitored by state and federal safety officials. 

• Two states ban dicamba weed killer after drift complaints - Reuters, Reuters (07/07/2017)
  

  Missouri joined Arkansas on Friday in banning the use and sale of the weed killer dicamba after a rise in complaints that the agricultural chemical is drifting into neighboring fields and damaging crops, the states agriculture departments said on Friday. . . . Dicamba use and complaints about its use have spiked in the past two years in the United States. More farmers are spraying it to control hard-to-kill weeds in fields planted with crops bioengineered to survive the chemical, which is produced by Monsanto Co, Germany's BASF and others.

• Nova Scotia under fire after approving tire-burning pilot project - Michael Tutton, The Canadian Press, CTV News Atlantic (07/06/2017)
  Nova Scotia is shifting from recycling tires to burning them, prompting anger from environmental groups and a company that has invested $5 million to find fresh uses for the scrap rubber.
• Electric cars get a new jolt of energy from Texas - Ryan Maye Handy, The Houston Chronicle (06/02/2017)
  Even as President Donald Trump prepared to take the United States out to the Paris climate change accords, the Texas Legislature took a step that could help lower carbon emissions.
• Toyota, Nissan, Others Get Behind Fuel Cell Push in Japan - AP, The New York Times (05/19/2017)
  
  Japan is backing a push for pollution-free vehicles that run on hydrogen and planning to build more hydrogen fueling stations so that fuel-cell vehicles on roads will grow to 40,000 by 2020, from the current handful. The collaboration on fuel cells, announced Friday, brings together 11 companies, including automakers Toyota Motor Corp., Nissan Motor Co. and Honda Motor Co. energy and gas companies and a bank. Fuel cell vehicles are zero-emission, running on power produced when hydrogen combines with oxygen in the air to create water.
• Volkswagen to pay $2.8-billion criminal fine in U.S. diesel emissions scandal - The Associated Press, The Los Angeles Times (04/21/2017)
  A federal judge on Friday ordered Volkswagen to pay a $2.8-billion U.S. criminal penalty for cheating on diesel emissions tests, blessing a deal negotiated by the government for a “massive fraud” orchestrated by the German automaker.
• Glyphosate weedkiller, previously linked to cancer, judged safe by EU watchdog - Arthur Neslen, The Guardian (03/15/2017)
  A controversial chemical used in Monsanto’s Roundup weedkiller has been judged safe for public use by the European Chemical Agency (Echa). . . . Glyphosate has been the subject of a relicensing battle which split governments, regulators and scientists, with one arm of the World Health Organisation linking the substance to cancer, while another denied any risk. . . . Echa was asked to assess its toxicity after EU countries failed to agree on a reauthorisation for the best-selling herbicide last summer, despite a positive recommendation from the European Food Safety Authority.
• Yoga pants, cozy clothes may be key source of sea pollution - JENNIFER KAY, AP (03/15/2017)
  Comfortable clothes are emerging as a source of plastic that's increasingly ending up in the oceans and potentially contaminating seafood, according to Gulf Coast researchers launching a two-year study of microscopic plastics in the waters from south Texas to the Florida Keys. . . . The project , led by the Mississippi-Alabama Sea Grant Consortium, will rely partly on volunteers in coastal cleanup events. It also will expand a year's worth of data collected around Florida that predominantly found microfibers — shreds of plastic even smaller than microbeads flowing down bathroom sinks and shower drains. . . . Yoga pants, fleece jackets, sweat-wicking athletic wear and other garments made from synthetic materials shed microscopic plastic fibers — called "microfibers" — when laundered. Wastewater systems flush the microfibers into natural waterways, eventually reaching the sea.

2016

• DuPont to pay $50M over mercury-contaminated Virginia rivers - SARAH RANKIN, AP (12/15/2016)
  Chemical giant DuPont will pay more than $50 million but admit no fault under a proposed environmental settlement after releasing toxic mercury for decades that made its way into Shenandoah Valley waterways, state and federal officials announced Thursday. . . . The deal would resolve alleged violations of civil environmental statutes, including the Clean Water Act, related to the pollution from a company factory in Waynesboro. It would amount to the largest environmental damage settlement in Virginia history and the eighth largest in the nation, officials said. The money would go to projects including wildlife habitat restoration, water quality enhancement and improvements to recreational areas.
• Detroit Diesel to pay $28.5M over Clean Air Act violations - Keith Matheny , Detroit Free Press (10/06/2016)
  The Detroit Diesel Corp. will pay $28.5 million in fines and pollution-reduction projects to resolve violations of the federal Clean Air Act, the U.S. Justice Department and Environmental Protection Agency announced Thursday.The company was cited by the federal regulators for selling heavy-duty diesel engines that were not certified by the EPA and did not meet applicable emission standards. Detroit Diesel will pay a $14 million civil penalty and spend another $14.5 million on projects to reduce nitrogen oxide and other air pollutants, including replacing high-polluting school buses and locomotive engines with models that meet current emission standards, the federal agencies announced.
• Researchers find unsafe levels of chemicals in drinking water of 6 million Americans - Brady Dennis, Washington Post (08/09/2016)
  

  Drinking water supplies serving more than six million Americans contain unsafe levels of a widely used class of industrial chemicals linked to potentially serious health problems, according to a new study from Harvard University researchers.

• Air Pollution From Power Plants Is Dropping – And We’re Breathing Easier as a Result - Emily J. Gertz, Takepart.com (07/17/2016)
  As emissions have fallen in the past 25 years, public health has measurably improved.
• New York to declare Superfund site in Hoosick Falls over water pollution - Matt Hamilton, timesunion (01/28/2016)
  Trying to address a potential public health concern as well as widespread anxiety in a Rensselaer County community, Gov Andrew Cuomo’s administration on Wednesday said the Saint-Gobain Performance Plastics plant in the village of Hoosick Falls will be declared a state Superfund site.
• Flint Workers on Safe Ground in Water Crisis - Ginger Christ, EHS Today (01/27/2016)
  As investigations into the water crisis in Flint, Mich., are underway, National COSH is calling for public workers to aid in the efforts.

2015

• Track defects, human error primary causes of crude-oil train derailments - Laura Arenschield & Rick Rouan, The Columbus Dispatch (12/22/2015)
  Track defects caused fiery crude-oil derailments that forced 1,100 people from their homes in this Appalachian village this year and killed 47 people in a Canadian town in 2013. In fact, a Dispatch analysis of federal records shows that track defects and human error are to blame for most railway incidents.
• Most Duke Energy ash ponds are high-risk, draft report says - Bruce Henderson, Charlotte Observer (12/17/2015)
  Nearly all of Duke Energy’s 32 coal ash ponds in North Carolina are classified as of high or intermediate risk in a draft summary by the state’s environmental agency.
• Beijing issues first-ever 'red alert' for smog - Julie Makinen and Jonathan Kaiman, , LA Times (12/07/2015)
  Beijing has issued its first-ever “red alert” for smog amid the second intense bout of bad air this month. Officials announced plans to close schools, temporarily shutter factories and take half of the city’s cars off the roads.
• C8 lawsuit liability from DuPont spinoff unknown, Chemours says - Ken Ward Jr., Charleston Gazette-Mail (08/06/2015)
  The potential costs of thousands of lawsuits filed by mid-Ohio Valley residents who say exposure to C8 pollution from former DuPont Co. operations in Wood County are not known, according to officials from Chemours, the new company formed by DuPont’s spinoff of those operations.
• Amid Fracking Boom, Cities Fear Explosive Safety Risk It Can Carry - Tom Henry, Toledo Blade (06/01/2015)
  While the global fracking boom has stabilized North America’s energy prices, Chicago — America’s third largest city and the busiest crossroads of the nation’s railroad network — has become ground zero for the debate over heavy crude moved by oil trains.
• U.S. Won't Weaken Oil-Train Public Disclosure Rules - Paul Nussbaum, The Inquirer (05/30/2015)
  Responding to congressional and public criticism, federal regulators said Friday they would not weaken rules requiring certain disclosures about trains transporting crude oil and other hazardous materials.
• Shell clears major US government hurdle for Arctic drilling - Mark Thiessen, AP (05/12/2015)
  Royal Dutch Shell's Arctic drilling program has cleared a major bureaucratic hurdle to begin drilling for oil and gas off Alaska's northwestern coast this summer.

2014

• EPA sets first national standard for coal waste - AP (12/19/2014)
  The Obama administration on Friday set the first national standards for waste generated from coal burned for electricity, treating it more like household garbage rather than a hazardous material.
• EXCLUSIVE: BP loses court battle over Mexico Gulf oil spill claims - Jim Armitage, Independent (10/16/2014)
  BP is facing a flood of legal claims from big British investors over the Gulf of Mexico spill after it lost a crucial courtroom battle in Texas to get their cases thrown out.
• Exxon, Shell Carbon Emissions Rise Though Pumping Drops - Daniel Gilbert, Wall Street Journal (10/14/2014)
  For every barrel they pump, the two biggest Western oil companies generated 10% more in greenhouse gases each last year than they did in 2011, according to company data.
• With huge damages at stake, trial over waste pits to begin - Matthew Tresaugue, Houston Chronicle (10/05/2014)
  A half-century ago, the owner and operator of a Pasadena paper mill sent its waste for burial to a site along the San Jacinto River.
• Few lessons taken from ash spills - Bruce Henderson , Charlotte Observer (09/28/2014)
  Duke’s splash into the Dan River was the nation’s third large ash spill in less than a decade. Like the Tennessee Valley Authority and Pennsylvania’s PPL, Duke repeated apologies, made community gifts and pledged to close its ash basins.
• Industry: ND oil no more volatile than other fuel - James MacPherson, Newstimes.com, AP (09/06/2014)
  The federal report, released earlier this year by the Pipeline and Hazardous Materials Safety Administration, says oil from North Dakota's prolific Bakken formation may be more flammable than other crudes.
• Absolute Pollution Exclusions Are Absolute When There Has Been Pollution - Robert S. Sanoff, Foley Hoag LLP - Environmental Law (07/03/2014)
  After a decade of often unsuccessful litigation trying to enforce [pollution] exclusions, insurers introduced a so called “absolute” pollution exclusion into their commercial [sic] liability policies.
• Yuck! 1 in 10 U.S. beaches unsafe for swimming - Hoai-Tran Bui, USA Today (06/30/2014)
  A day at the beach can be hazardous to your health, researchers say. About 10% of America's beaches failed a new federal benchmark for what constitutes safe swimming water in the past year, according to the Natural Resources Defense Council's 24th annual beach report. 
• Lawsuits in question in West Virginia tank law - Jonathan Mattise, AP, SFGate (06/14/2014)
  [West Virginia’s proposed new] tank law calls for new inspections, registrations, inventories and other regulations on aboveground tanks, with the most stringent rules applying to tanks near water supplies. It doesn't say anything about opportunities for citizens to sue over enforcement issues.
• Court: Consumers gets benefit of doubt when insurance policies unclear - Cy Ryan, Las Vegas Sun (05/30/2014)
  Casino West was trying to collect money from the insurance company that it paid in settlements to the families of the poisoning victims, according to court documents.
• Canada changing tanker regulations, stops short of unlimited polluter liability - The Canadian Press, Canadian Underwriter (05/13/2014)
  The federal government says it is aiming to make polluters pay as it makes changes to legislation and regulations on oil tanker safety… But… stops short of following a recommendation from an expert panel to remove the current $161-million liability limit for a spill in favour of unlimited liability for polluters.
• Supreme Court finds Los Angeles County liable for stormwater pollution - Steve Scauzillo, San Gabriel Valley Tribune (05/05/2014)
  The Los Angeles County Flood Control District is liable for stormwater pollution that flows down both the Los Angeles and San Gabriel rivers, the U.S. Supreme Court announced Monday.
• Crude Oil Shipper Switching To Safer Tanker Cars - Manufacturing .net (05/01/2014)
  Fuel shipping company Global Partners will require tanker cars to meet with updated standards for all crude oil trains arriving at its East and West Coast terminals, starting in upstate New York and Oregon, the company announced Wednesday.
• Farm Pollution Exposures: A New Crop of Claims [Infographic] - Charlie Kingdollar, Gen Re (04/06/2014)
  There is a new trend in pollution exclusion litigation arising from traditional environmental events; these claims are characterized by more benign, yet bothersome, scenarios and materials.
• Job insecurity keeps workers quiet about health risks - Robert Reich, SFGate (02/24/2014)
  The recent huge spill of the toxic chemical MCHM into West Virginia's Elk River illustrates another benefit to corporate interests of high unemployment, economic insecurity and a safety-net shot through with holes.
• Train accidents stir worries about crude transport - AP (02/17/2014)
  At least 10 times since 2008, freight trains hauling oil across North America have derailed and spilled significant quantities of crude, with most of the accidents touching off fires or catastrophic explosions.
• Some States Confirm Water Pollution from Drilling - Kevin Begos, AP (01/05/2014)
  In at least four states that have nurtured the nation's energy boom, hundreds of complaints have been made about well-water contamination from oil or gas drilling, and pollution was confirmed in a number of them, according to a review that casts doubt on industry suggestions that such problems rarely happen.

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