CORPS TO CONDUCT FURTHER TESTING AT CONTAMINATED SCHOOL

www.CNN.com

Radioactive contamination in a Missouri grade school has prompted the U.S. Army Corps of Engineers to conduct new testing, according to U.S. Rep. Cori Bush. Bush was among several local, state and federal lawmakers that pushed for private testing after high levels of contamination were found at Jana Elementary School.

Jana Elementary is located next to Coldwater Creek, a 19-mile-long waterway contaminated decades ago with Manhattan Project waste. A federal report released in 2019 determined those exposed to the creek from the 1960s to the 1900s may have an increased rise of bone cancer, lung cancer and leukemia.

WAYS HURRICANE IAN’S FALLOUT COULD HAVE A LINGERING EFFECT ON ORLANDO REAL ESTATE DEALS

www.bizjournals.com

Hurricane Ian caused damage in Seminole County and Orange County in the Orlando metro, with data still being compiled for other counties.

The region’s commercial and residential real estate sectors are seeing the effects from Ian’s destruction. Greenberg Traurig’s Alan Sheppard told Orlando Business Journal “This may have an impact on pending transactions – things that haven’t closed yet that are in the pipeline.”

Peter C. Vilmos of Burr & Forman, specializes in construction litigation. “The first thing that we’re thinking of, and what we’re already hearing, is ‘what are we going to have to do to [building] codes?’” Vilmos said. Vilmos recalled the way codes were stiffened in the wake of Hurricane Andrew.

On the commercial side, Vilmos noted that commercial properties such as warehouses are often in low-lying or flood-prone areas, prompting both landlord and lessees to be proactive at the outset of agreements. “Depending on how the lease is written, and depending on what went wrong, if the inventory is flooded and therefore  unsellable – who’s going to pay for that cost?”

FAILED RETAINING WALL BRINGS DAMAGE TO MISSION HILLS HOME

A Mission Hills resident is suing Shawnee-based Arrow Foundation claiming that the retaining wall that they built failed, causing more than half a million dollars in damages to the residence.

Court records show that Arrow built upper and lower retaining walls in the backyard property at 5930 Mission Drive.  The home which is located next to the access road for Kansas City Country Club is owned by a senior VP of wealth management for UBS in Kansas City.

The lawsuit states that a May 2021 rainstorm caused Brush Creek to flood, resulting in failure of the upper retaining wall that Arrow finished building in the fall of 2020, causing extensive damage to the property. After the flood destroyed the retaining wall and caused damage to the Plaintiff’s home, he filed a claim with Nationwide. The insurer determined that the damage was not covered under the policy and denied the claim in June 2021, according to the lawsuit.

Damage to flooded San Francisco high-rise may cost $20M to fix

www.sfgate.com

Flooding began last Tuesday, Oct. 11, at San Francisco’s 100 Van Ness in Hayes Valley. A standpipe — a high-volume spigot used to hook fire hoses up to the building’s water supply — was allegedly vandalized on the 11th floor of the 29-story high-rise, sending a massive wave of water through the halls and to the ground floor below.  

The San Francisco District Attorney’s Office has charged a tenant of the building with felony vandalism and resisting arrest in connection to the broken pipe. At least 50 units have been evacuated, including all 16 units on the 11th floor. 90 out of approximately 400 units in the building may eventually need to be evacuated. The building’s owner, Emerald Fund, claims the damage will cost $20 million to fix.  

FLOWAGE EASEMENT RULING: UPSTREAM ADDICKS AND BARKER RESERVOIRS, HURRICANE HARVEY

www.HoustonChronicle.com

Starting Aug. 28, 2017, Hurricane Harvey hit the Houston area. Addicks and Barker flood reservoirs, on either side of Interstate 10, filled during Harvey. The floodwater they retained caused widespread flooding of homes and businesses. After the storm, more than 1,600 businesses and homeowners sued the Army Corps in the U.S. Court of Federal Claims, contending the government intentionally planned for the reservoirs to flood their land.

In December 2019, the court ruled that the flooding of properties upstream constitutes a taking and that a permanent flowage easement will be taken up to the flooded elevations. More recently, in late October 2022, court ruled that six of the upstream properties that flooded during Hurricane Harvey will collectively receive $550,000. It is estimated that between 10,000 and 12,000 upstream homes were impacted during Harvey and it is estimated that the total compensation could be roughly $1.67 billion before interest.

For the upstream property owners who intend to file a claim, they have until August 2023, the sixth anniversary of Hurricane Harvey, to do so. Furthermore, a ruling is still pending for separate group of residents and business owners located downstream whose properties flooded when the U.S. Army Corps of Engineers opened the Addicks and Barker floodgates.

SWISS-LED RESEARCH HELPS UNCOVER NEW TRUTHS ABOUT AIR POLLUTION

vrscout.com

Swiss scientists have built sensitive equipment across Europe to monitor pollution in the air. These monitoring stations measure “aerosol” which is a particle in the air measuring between 0.01 and 10 microns in diameter. This particulate matter can cause many chronic and acute respiratory and cardiovascular diseases, including asthma, bronchitis, and lung cancer.

Scientists and medical professionals used to think that simply reducing the concentration of organic aerosols in the air we breathe would be enough to avoid such health problems. Now researchers from the Paul Scherrer Institute (PSI) reported in the journal NatureExternal link that the effects of aerosols depend less on how many of them there are and more on the individual source of the pollution, its toxicity and how it enters the human body.

PSI and 70 international collaborators have been able to rank European cities by aerosol concentration. They analyzed the local aerosol pollutant data collected at these stations between 2013 and 2019 to find out which aerosols were present in the air and how they varied across days, months, and seasons. The results show higher concentrations in urban areas. Kraków, the second-largest city in Poland, is the most polluted (40.4 µg/m3), while rural Birkenes in southern Norway are the least polluted (1.3 µg/m3).

KHARGONE: 12-YEAR-OLD BOY ASKED TO PAY RS 2.9 LAKH FOR PROPERTY DAMAGE

Scroll.in

A 12-year-old boy and his father in Madhya Pradesh’s Khargone has received a notice to pay Rs 2.9 lakh for allegedly damaging public property during the Ram Navami violence that took place in April this year.

Madhya Pradesh Prevention and Recovery of Damages to Public Property Act, which came into effect in January, allows the government to seek compensation from offenders who damage public and private properties during agitations. Their neighbors claim that the 12-year-old boy and his father, Kalu Khan, robbed and vandalized their home when violence broke out in Khargone on 10 April.

Though a plea seeking relief was moved by Khan’s lawyer before the Indore bench of the Madhya Pradesh High Court, the court rejected the petition and asked Khan’s family to approach the tribunal. The tribunal also subsequently denied the plea on vague grounds of civil procedure.

DEALING WITH DIRT PROBLEMS CAUSED BY HURRICANE IAN: DEBRIS AND DAMAGED STRUCTURES

CBS17.com

Hurricane Ian resulted in massive property damages in Florida. Removal of debris and waste will be the first of many efforts by residents and businesses to begin to recover from the storm.

Cleanup may include debris that contains hazardous materials. These materials include asbestos containing materials including shingles, siding, and insulation, automotive/marine batteries, tires, fuel and oil, pesticides, solvents and paint thinners, compressed gas containers, household white goods such as refrigerators, washers/dryers and stoves, electronics such as televisions, radios, stereos, VCRs, computers, and microwaves, PCBS electrical equipment such as transformers and capacitors, preserved wood etc.

Florida Emergency Management teams are creating Disaster Debris Management Sites (DDMS) at strategic locations to potentially expedite the cleanup process. These management teams have outlined initial considerations for the removal of hazardous debris. Class I waste, which includes household garbage, hazardous waste, “putrescible” (likely to decay) waste, and asbestos-containing material or mixed waste should be taken to specific landfills.

NORTH CAROLINA SUES OVER 'FOREVER CHEMICAL' CONTAMINATION

www.NorthCarolinaHealthNews.org

Two new lawsuits were filed by Attorney General Josh Stein against manufacturers of a firefighting foam, alleging that so-called “forever chemicals” in the foam led to contamination at two military facilities and at Piedmont Triad International Airport (“PTI”). Groundwater samples at PTI have shown concentrations of PFOS reaching 8,000 parts per trillion.

Samples from Camp Lejeune and Marine Corps Air Station New River showed PFOA contamination over 25,000 ppt. The EPA is working to publish a proposed national drinking water regulation for PFOA and PFOS by the end of this year.

NEW STUDY FINDS OVER 57,000 ADDITIONAL SUSPECTED DISCHARGERS OF TOXIC ‘FOREVER CHEMICALS’

www.CommonDreams.org

A new study published today in Environmental Science & Technology Letters identifies at least 57,000 sites potentially contaminated with the toxic “forever chemicals” known as PFAS. The potentially contaminated sites included places where PFAS-laden firefighting foam was likely released; certain industrial facilities; sites related to PFAS-containing waste; military sites and airports.

In addition, the Environmental Working Group (“EWG”) published a paper last year in the American Water Works Association’s journal Water Science identifying 41,862 potential dischargers of PFAS.

The Environmental Protection Agency proposed in June a new lifetime health advisory for the PFAS chemicals PFOA, PFOS, PFBS and Gen-X . Dr. Andrews of EWG stated that “As PFAS are found to be harmful at lower and lower levels, it is critically important to identify sources of potential contamination and take steps to protect downstream communities who may be unwittingly exposed.”

FLORIDA'S PROPERTY INSURANCE MARKET WAS ALREADY UNDER STRESS AND HURRICANE IAN COULD MAKE IT WORSE

www.CarrierManagement.com

Over the first nine months of 2022 the U.S. experienced 15 disasters that each caused at least $1 billion in damage. Hurricane Ian is taking the largest toll of these disasters by far – but the extent of the damage could take years to calculate with any precision. Preliminary property damage estimates for Ian so far range from $42 billion to as much as $258 billion, with some landing in the middle. One way to reduce disaster losses is to buy out properties from homeowners residing in flood-prone areas.

FLORIDA'S PROPERTY INSURANCE MARKET WAS ALREADY UNDER STRESS AND HURRICANE IAN COULD MAKE IT WORSE

JOE RAEDLE / GETTY IMAGES

ven before Hurricane Ian made landfall in Florida last week, the state's property insurance market was already in its own state of disaster. According to the Insurance Information Institute, Florida homeowners pay nearly three times the national average for property insurance with premiums rising about 33% each year compared to the typical American’s annual increase of 9%.

Another contributing factor to the problem is that according to the state's insurance regulator, nearly 80% of all homeowners' insurance lawsuits in the U.S. come from Florida. By contrast, the state accounts for only 9% of all homeowner claims. Insurance companies operating in Florida say they have been forced to raise rates to cover the costs of handling lawsuits.

In addition, as storms have grown more destructive, reinsurance costs have grown significantly. Some reinsurers are pulling back from Florida. Others are raising rates — reinsurance costs for Florida insurers rose by as much as 50% this year, according to a report.

Even as damage estimates rise, officials have expressed confidence that insurers will be able to pay out Hurricane Ian claims. However, state legislator Brandes said if rates continue to rise by 30% or more, as they have done for many Floridians in recent years, some Florida homeowners may end up paying more for insurance than they do for their mortgage.  

WIND OR WATER MAY DECIDE WHO PAYS FOR FLORIDA REBUILD

www.Aljazeera.com

Court fight looms between property owners, insurance firms as most do not cover flood damage.

Only about a third of the Florida homes in the two coastal counties devastated by Hurricane Ian have insurance policies covering flood damage. Flood damage is usually excluded from standard homeowners’ policies throughout the US.

The Wall Street Journal reported that in some of the inland counties that also suffered severe flooding from Ian, only a handful out of every 100 homes that were destroyed have specific flood coverage.

PG&E FACES SECOND LAWSUIT IN CONNECTION WITH MOSQUITO FIRE

Fortune.com

Pacific Gas & Electric Co. faces a second lawsuit in connection with a wildfire that destroyed homes and forced thousands in Placer and El Dorado counties to evacuate. The lawsuit, filed by Frantz Law Group, is on behalf of residents who suffered property losses and damages due to the Mosquito Fire.

The first lawsuit alleged that PG&E’s “poorly maintained utility infrastructure” is responsible for starting the Mosquito Fire. The wildfire has burned 76,788 acres, according to the U.S. Forest Service. Cal Fire said 78 structures were destroyed and 13 more damaged.

It’s still unclear how the Mosquito Fire started. However, PG&E filed a report with the state’s public utility commission for a pole near where the fire started.

CORELOGIC ESTIMATES $41 BILLION TO $70 BILLION IN INSURED AND UNINSURED WIND AND FLOOD LOSSES FROM HURRICANE IAN

www.FoxBusiness.com

CoreLogic announced its damage estimates from Hurricane Ian totaling between $41 billion and $70 billion, which includes wind loss, insured and uninsured storm surge loss and inland flood loss for residential and commercial properties.

Hurricane Ian’s large wind field and landfall path caused wind and coastal storm surge damage along the densely populated Florida coast. Florida had been a popular destination during 2020 and 2021 due to the state’s lack of income tax and housing with lower cost per square foot than homes in other coastal metros. According to CoreLogic, nearly 66,000 pending mortgage applications worth nearly $22.5 billion are currently in progress in Florida, North Carolina and South Carolina and are at risk from Hurricane Ian damages.

SOUTH PORTLAND, MAINE ATTORNEY TO LEAD STATE’S EFFORTS TO HELP FARMERS HURT BY PFAS

SpectrumLocalNews.com

South Portland recently appointed Elizabeth Fuller Valentine, an attorney in Portland, Maine as the state’s new PFAS Fund Director. Valentine will lead efforts to provide $60 million in relief to Maine farmers affected by the costs associated with PFAS contamination. Those costs may include support for lost income, medical testing, and research that could identify remediation systems for soil and water affected by the contamination.

PFAS has been found in sludge and drinking water on some farms in Maine. According to the U.S. Environmental Protection Agency, exposure to high levels of PFAS, known as “forever chemicals” -- because they don’t break down in the environment -- can lead to an increased risk of some cancers.

THE ‘HURRICANE TAX’: HOW IAN IS PUSHING FLORIDA’S HOME INSURANCE MARKET TOWARD COLLAPSE

www.Route-Fifty.com

When Hurricane Ian pummeled Florida in early October 2022, it left a trail of physical destruction in its wake. Entire neighborhoods were submerged in water, cities were damaged by 150-mile-per-hour winds, and thousands of people lost their homes overnight.

The fallout from Hurricane Ian will be both physical and financial. Wind damage is typically covered by standard homeowner’s insurance, and the reimbursements required by Hurricane Ian’s extensive loss are potentially accelerating the collapse of the state’s homeowner’s insurance industry.

Home insurance costs are positioned to increase for Florida residents. The state will be forced to impose new taxes and penalties as it tries to keep the insurance market functioning. While homeowner’s insurance nationwide averages around $1,500 annually, Floridians pay almost three times as much. Hurricane Ian has the potential to make life in Florida more expensive for everyone in the state that owns a home or a car.

CLEANUP PLANNED FOR DECADES-LONG CONTAMINATION IMPACTING NE WICHITA NEIGHBORHOOD

www.KMUW.org

A nearly $14 million project is planned to clean up a contaminant that dates to the early 1990s in the NE Wichita neighborhood of Millair. The contaminant, trichloroethylene, commonly used to degrease metals has been traced back to the Union Pacific railyard by the City of Wichita and the Kansas Department of Health and Environment (KDHE).

The contaminant can cause health problems, including kidney cancer. The toxic groundwater and soil run 2.9 miles across northeast Wichita and are sitting on the football field at Gordon Park. The KDHE is seeking input on the cleanup.

VERSAILLES MEGA MANSION SUFFERS $10M IN HURRICANE IAN DAMAGES

News.Yahoo.com

The 90,000-square-foot Versailles mansion from the 2012 documentary “Queen of Versailles” endured $10 million in damages due to Hurricane Ian. The storm flooded several floors of Jackie Siegel’s home at 6121 Kirkstone Lane in Windermere, Florida. Jackie Siegel and her husband David Siegel recently installed 24-karat crown molding that is now crumbling to their living room floor. The 13-bedroom, 23-bathroom mansion spans three floors and sits on a 10.1-acre lot. The former model anticipates a cost of around $100,000 just to pump out the water.

WHAT HURRICANE IAN DESTROYED IN A FLORIDA BEACH TOWN

www.Boston.com

Fort Myers Beach, Florida, acts as a barrier island on the southwestern side of Florida. Fort Myers sustained extensive damage after Hurricane Ian made landfall on September 28th. Boats were washed up into neighborhoods and some buildings were gone entirely. The buildings that did remain standing had their entire first floor destroyed. The Ney York times was able to identify 400 buildings as visibly damaged through a survey of photographs and videos of the Hurricane Ian's aftermath. The damage identified is just a fraction of the destruction brought by the storm across all of Fort Myers Beach and the swath of the central Florida coast. The main commercial area, nicknamed “Times Square,” was almost completely leveled.