Mealey's Reports: Excess insurers say no coverage is afforded for gulf oil spill

HOUSTON – (Mealey’s) Transocean Ltd.’s excess insurers filed a complaint for declaratory judgment Friday in a Texas federal court, seeking a ruling that no additional insured coverage is owed to BP plc. with respect to pollution claims arising out of the explosion of BP’s oil...

Eighth Circuit "clarifies" issues left unresolved in U.S. Supreme Court's Atlantic Research and Cooper Industries opinions

In 1983, the City sought to restore a long closed well for use as a drinking water resource. It received complaints re taste and odor. The State of Nebraska and EPA investigated, and ultimately the site was added to the NPL in 1986. EPA determined that the VOC contamination originated from seven source...

Comment: Obtaining a Declaratory Judgment under CERCLA: Should the Past Control the Future?

By Rachael A. Doyle Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") to address and remedy the improper disposal of toxic and hazardous wastes. Since its enactment, CERCLA has been highly criticized for its ostensibly high transaction...