Complimentary Article: Approaches to Reduce Conflict When Insuring the Environmental Cleanup of Closed Military Bases Intended for Redevelopment
By Jack Baumann, Dale H. Oliver, Lydia Dorrance, Ph.D., and Adam Love, Ph.D.
Base Realignment and Closure (“BRAC”) of military bases has occurred in waves over the last few decades. Many of these properties were operational through World War I, World War II, the Korean War, the Vietnam conflict, and into the modern Cold War. As part of the United States military’s transfer of these properties to the local municipalities, which includes significant funds to clean up remaining chemicals of concern, contract terms of the transfer typically require insurance policies that have the intention of mitigating the risk of additional future cleanup costs.
This paper discusses some of the recent lessons learned regarding (1) the terms of the initial cleanup transfer agreement, (2) efforts for project scoping/set-up, and (3) subsequent implementation dynamics of the relationships between the US Military, local municipality, redeveloper, and environmental contractor.
We have a limited number of complimentary copies of this article, published in the Environmental Claims Journal and coauthored by Roux’s Lydia Dorrance, Ph.D. and Adam Love, Ph.D. To request a complimentary copy, please click on the button below:
Dubious Distribution: Asbestos Bankruptcy Trust Assets and Compensation
By Marc Scarcella and Peter Kelso for the U.S. Chamber Institute for Legal Reform
Dubious Distribution: Asbestos Bankruptcy Trust Assets and Compensation, shows that of $40 billion contributed to asbestos trusts between 2004 and 2016, $25 billion remain. In fact, of the 35 asbestos trusts operating as of early 2008, 21 of them are currently paying an average of only 60 percent of what they paid that year. The report also points out that most trusts have no contingency fee caps, and allow plaintiffs’ attorneys to collect 40 percent or more of claims paid out.
This research delves into the details of asbestos trust expenses and claim payment. The paper concludes that the depletion of trust assets will result in the systematic under-compensation of legitimate asbestos victims in the future if left unabated.
To request a complimentary copy of this paper, written by Roux’s Marc Scarcella and Peter Kelso of our Economic & Complex Analytics Practice, please click below:
Roux’s Economic & Complex Analytics (ECA) team is nationally recognized for its expertise in helping clients evaluate the legal, scientific, and financial risks associated with environmental, mass tort, and product liability litigation. Our ECA experts have analyzed a diverse set of environmental and product liability risks, including asbestos, benzene, talc, perfluorooctanoic acid (PFOA), polychlorinated biphenyls (PCBs), diacetyl, silica, isocyanate, pharmaceutical and medical devices, and many others. Overall, our analysts work to reduce risks for our clients through better forecasting and predictive modeling. Read more here
Monday, April 16 United States Senator of California, Dianne Feinstein, cited a peer-reviewed article coauthored by Roux’s Adam Love, Ph.D. in a press release early this week. Dr. Love’s article, coauthored by Andy Zdon and M. Lee Davisson, discusses the state-wide impacts of California’s water sources. This article, entitled “Understanding the source of water for selected springs within Mojave Trails National Monument, California,” evaluates spring flow through an integration of published geologic maps, measured groundwater levels, water quality chemistry, and isotope data compiled from both published sources and new samples collected for water chemistry and isotopic composition.
Roux has a limited number of article downloads; please click on the button below to request a complimentary copy.
Avoiding Surprise—Unregulated Chemicals and Risk
Tuesday, April 10th • 12:00pm (EST) • Adam Love, Ph.D. and Catie Boston
Science often struggles to keep up with the pace of industry. It can take decades to adequately identify, research, and understand exposure/risks to chemicals. Just because the chemicals are not regulated does not ensure they are without liability. Often, public perception of risk is ultimately what matters most. Dr. Love and Ms. Boston will provide a background on unregulated chemicals, risk assessment/toxicology, and will discuss how lack of regulation makes managing risk more difficult for industry. Relevant issues on this topic will be discussed by pulling examples related to perchlorate, 1,4-Dioxane, PFAS, sulfolane, and capsaicin. Finally, recommendations will be provided as to how industry can proactively mitigate potential risk posed by unregulated chemicals.
To register, please click on the button below:
What You Should Know About Per- and Polyfluoroalkyl Substances (PFAS) for Environmental Claims
Lydia R. Dorrance, Ph.D. and Adam Love, Ph.D.
Roux’s Lydia Dorrance, Ph.D., Senior Scientist and Adam Love, Ph.D., Vice President coauthored an article published in the Environmental Claims Journal regarding the latest developments on per- and polyfluoroalkyl substances (PFAS). PFAS are a broad class of surfactant-like chemicals that are characterized by their many carbon-fluorine bonds.
Since the 1950s, PFAS have been widely used in numerous and varied products with industrial and commercial applications. However, concerns regarding potentially adverse human health and ecological impacts from exposure to PFAS chemicals have resulted in increased regulatory attention and lawsuits alleging bodily injury and/or property damage.
This article outlines what you should know about PFAS for environmental claims, including PFAS characteristics and uses, sampling and analysis, forensics, and more. Please click on the button below to request a complimentary copy.
Renewable Energy Production on Contaminated Properties
Monday, November 20th • 2:00pm (EST) • Meredith Harris, P.E.
Owners of contaminated properties are looking for ways to offset costs associated with long-term operations and maintenance. Renewable energy companies need land for new installations. Bringing the two together can create a win-win situation that results in cost savings, beneficial reuse of underutilized property, and green energy production.
This webinar, presented by Meredith Harris, P.E., Principal Engineeer, will provide an overview of considerations for both landowners and renewable energy developers, including the types of sites that may be appropriate for development, potential cost savings, engineering considerations, regulatory considerations, and the roles of the various parties involved in these sites. A case study will also be presented to demonstrate a practical application and important lessons learned.
To register, please click on the button below: