PROPERTY DAMAGE CLAIMS AFTER CLEANUP UNDER MASSACHUSETTS GENERAL LAWS

www.GTLaw-Environmentalandenergy.com

In 2018, a comment appeared on the National Law Review Blog about the opinion of the Massachusetts Supreme Judicial Court involving a claim by the developer of a condominium development against the City of Lowell for the operation of a landfill on the property. The Court reiterated that the Massachusetts Oil and Hazardous Material Release Prevention Act authorizes a private claim for diminution in a property’s value as the result of a release of hazardous material.

Grand Manor was remanded for a new trial. The Massachusetts Appeals Court decided an appeal from that second trial. Grand Manor Condominium Ass’n v. City of Lowell, No. 20-P-622 (Mass. App. Ct. Mar. 17, 2022). The defendant had capped the landfill and had imposed Activity and Use Limitations.

The plaintiff’s estimated permanent loss in value of about $2.7 million. Defendant’s expert estimated that the property experienced a loss of about $3.1 million. The jury awarded $1.4 million, a prejudgment interest at 12%, and attorneys’ fees of about $1.1 million.

PERU – RAIN TRIGGERS LANDSLIDE IN LA LIBERTAD

Government of La Libertad

A landslide occurred on March 15th, in the La Libertad region of Peru, causing destruction to residential properties and several missing individuals. Peru’s National Civil Defense Institute (INDECI) claimed that the landslide was the result of rainfall. The landslide caused part of the hillside to fall onto residential properties below in the town of Retamas in Parcoy District, in the Pataz province of La Libertad, Peru. As of March 15th, six people have been reported missing. Three people have been located in the wreckage by search and rescue teams along with another 15 individuals who were trapped in the structure. 

It is estimated that 60 buildings have been damaged by the landslide. Earlier this year, on February 19th, a landslide struck the town of Retamas, Peru, destroying one structure.

LONG-RUNNING LOVE CANAL SUITS SCHEDULED FOR HEARING IN MAY

www.Wivb.com

A long-pending contamination lawsuit in Niagara Falls’ Love Canal neighborhood has set a court date for May of 2022. In the 1970's, the Love Canal was the location of a toxic landfill that caused health and property damage. In the early 1980s it became one of the first “Superfund” sites under CERCLA. In 2011, a sewer repair crew discovered waste in the area claiming that a containment structure built in the 1980s to store waste was leaking.

On Saturday, March 19th, a federal appeals court in New York announced they will hear arguments on whether 19 pending lawsuits involving 600 people should be heard in state or federal court. Currently, the lawsuit is set to be heard in the same location it was filed in, state court. The defendant believes that the lawsuit should be heard in federal court because the containment structure for the toxic waste was built with federal superfunds. The case is scheduled to come before the U.S. Second Circuit Court of Appeals on May 5 in Manhattan.

FAMILY DISPLACED WHEN FIRE RACES THROUGH ATTIC

www.KSL.com

On March 19th, a home was damaged in a structure fire that spread through the roof. The fire was at a residence in the 1100 block on West Columbine Circle, just northwest of Bloomington Drive in St. George, Utah. St. George Fire Chief claimed that the gas and power to the house had been shut off upon arrival and smoke was seen coming from underneath the tile roof on the split-level home.

Firemen fought the blaze from above on a fire truck engine latter as well as below from inside the home to stop the blaze from moving down the structure. Once the fire was extinguished, firefighters pulled material from the building in an attempt to prevent smoldering and embers from reigniting the fire.

GUADALUPE COUNTY RESIDENTS PICKING UP THE PIECES AFTER TORNADO

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March 18th, the National Weather Service confirmed that tornados had touched down in three Kentucky counties. The residents of the Kentucky counties are now assessing the damages from the tornados and having discussions about building a basement or a tornado shelter for protection from tornados.

March 21st, a storm struck the area of Kingsbury, Texas, just off of interstate 10 in Guadalupe County. The National Weather Service had not confirmed if a tornado had formed during the storm by the night of March 21st. One resident had a tree fall onto their home. That resident also had a trailer on their property that was turned into debris during the storm. Several residents were living in the dark after the storm as there was damage to power lines.

UNITED STATES WILDFIRE STATISTICS

www.CFR.org

2020 set a record for wildfire damage in one year. Bankrate has published statistics and these are their findings.

In 2020, there were 58,950 wildfires (320% more than in 1983 when official record-keeping began) which effected over 10,122,000 acres of property (760% more than in 1983 when official record-keeping began. Wildfires during 2020 cost California 4.2 million acres of land, 10,500 structures and 31 lives. The 7 worst wildfires in U.S. history have all been in California costing just over $32 billion all together.

Bankrate also found that more wildfires occur more often in the east and central states, but wildfires in the west on average are larger and burn more acreage. Bankrate found that the price of suppressing wildfires has increased over the years, 2020 being the most expensive year on record, spending approximately $3.143 billion dollars.

PFOS PRESENT IN BLACK EARTH CREEK TROUT; DNR WARNS ANGLERS

www.Greatlakesnow.org

Wisconsin State Officials are claiming that the fish inside of Black Earth Creek, Wisconsin, are testing with levels PFAS chemicals. The Department of Health and the Department of Natural Resources has released statements advising anglers to limit the consumption of brown trout from the western Dane County, Wisconsin, streams. This is the state of Wisconsin's second PFAS-related consumption advisory that was issued this year.

DAMAGE INTO THE BILLIONS’, TROOPS ON WAY TO DEVASTATED BRISBANE

Jason O'Brien / Australian Associated Press

Defense troops and two navy vessels have been deployed to Queensland, Australia, to help clean up and conduct damage assessments for approximately 19,000 flood victims. An announcement of $2.2 million being paid to 5,400 of the flood victims seeking financial assistance was released on March 4th. Brisbane's volunteer “mud army” was reactivated as the clean-up process was expected to be lengthy.

Approximately 67,000 insurance claims have been filed across Queensland, Australia, and New South Wales, Australia. The Premier of Australia said she had written to the Prime Minister of Australia requesting Category D assistance for $559 million on a 50-50 basis between the state and Commonwealth. Small businesses and not-for-profit organizations would be able to apply for as much as $50,000 in grant funding. The state government estimated 6100 organizations may be eligible for the grants, so far $257 million has been allocated for those grants.

ARSON INVESTIGATION LAUNCHED INTO $2.4M FIRE AT FORMER UNCLE BILLY’S HOTEL IN HILO

Mauinow.com

On March 4th, the building formally known as the Uncle Billy’s Hotel in Hilo, Hawai’i, endured a structure fire. The Hawai’i Island Police Department has launched an arson investigation into the structure fire. It is believed that the cause of the fire was electrical in nature and due to tampering with the electrical junction box. All Four levels of the south side of the property endured fire damages.

GEORGIA CONSERVATIONISTS GET SECOND CHANCE TO SUE DEVELOPER OVER WETLAND DAMAGE

Robert F. Bukaty / AP

After the 11th Circuit reinstated a lawsuit against a real estate developer for allegedly landscaping over wetlands without proper permits; Atlanta, Georgia, conservationists are hoping for stricter enforcement of the clean water act. The executive director of the Center for a Sustainable Coast has claimed that a problem most environmental cases face is that they are not common to be argued for. He also stated that he is hopeful that this case will pave the way for more even-handed interpretations of a citizen's rights to challenge decisions that are viewed as contrary to the clean water act.

In 2019, the Glynn Environmental Coalition and Center for a Sustainable Coast and a local resident sued real estate developer Sea Island Acquisition for the development of half an acre of wetland on Georgia's St. Simons Island claiming that it was not compliant with the permit issued by the Clean Water Act. A chief U.S. Circut Judge stated the allegations of the developer depriving the local resident of the aesthetic pleasure of the wetlands was sufficient evidence to establish an injury.

FIRE DAMAGES LARSON FAMILY WINERY IN SONOMA COUNTY

Robbi Pengelly / Index-Tribune

One of the first wineries in Sonoma Valley was the Larson Family Winery, dating back to 1899. On March 2nd, a fire started on the 23000 block of Millerick Road in Schellville, California, damaging the tasting room of the winery. No one was injured during the fire but the tasting room has been closed for the foreseeable future. The family has released a statement claiming the fire has caused damage to both the property and the history of the family in Sonoma due to several personal artifacts being lost in the fire. The fire was put out 15-20 minutes after the fire department had arrived. 

MISSOURI PUBLIC SERVICE COMMISSION INVESTIGATING O'FALLON HOUSE EXPLOSION

Photo Courtesy of the O'Fallon Fire Protection District

An investigation into the explosion of an O’Fallon, Missouri, home was opened by the Missouri Public Service Commission and OSHA. No one was hurt during the incident, but the explosion has left several other houses condemned or damaged. Although no cause for the explosion has been determined, Gateway Fiber stated that they had an employee strike a gas line while digging on the property adjacent from the explosion. The explosion occurred while a Gateway Fiber employee was attempting to repair the line.

INDIANA PUBLIC SERVICE COMPANY CLEANS UP SURFACE CONTAMINATION AT TOWN OF PINES SUPERFUND SITE

ENS-Newswire.com

A complaint and a consent decree were filed simultaneously against the Northern Indiana Public Service Company (NIPSCO) alleging that the company is liable to collect and dispense of their coal ash produced from their power generator facility that has been distributed across Town of Pines, Indiana, and the surrounding vicinity as landscaping fill. The ash contains hazardous substances including arsenic, thallium, and lead. The settlement is seen as a step in the remediation of land.

Along with the removal of ash, NIPSCO has also been tasked with monitoring the groundwater supply at the Town of Pines site. The company is supposed to reimburse EPA a large percentage of its past costs and pay all future costs incurred by EPA and the State of Indiana in overseeing the cleanup.

RESIDENTS IN SOUTH NEW JERSEY TOWN ASKED TO TEST BLOOD AFTER CHEMICALS FOUND IN WATER

Pexels / Getty Images / Townsquare Media photo illustration

A national investigation into the exposure of chemicals in drinking water has listed eight sites within the U.S. to be examined. Because Paulsboro, New Jersey, was listed as one of these eight sites, residents are being invited to have their blood and urine tested. 

The associate professor of environmental and occupational health at Rutgers School of Public Health and The Environmental and Occupational Health Science Institute has stated that there are several concerns about the health effects of these chemicals that have been found in the blood of nearly almost everyone tested. One issue with this contaminants is that researchers are unaware of how long the water has been contaminated and they are unaware of the health effects of these chemicals.

NAVY FINDS PETROLEUM, LEAD, OTHER COMPOUNDS IN TAP WATER

CNN.com

The U.S. Navy released new water testing results that found contamination in an Oahu elementary school, a child development center, military housing communities, and on Joint Base Pearl Harbor / Hickam. 

Lead levels were found at 49 parts per billion from a sample taken from an outdoor utility sink at a Pier Side Child Development Center. Elevated levels of petroleum at a home in Halsey Terrace at Joint Base Pearl Harbor-Hickam. Two non-residential buildings in Catlin Park and Radford Terrace had elevated levels of compounds commonly added to plastics. Neighborhood homes had DEHP levels of 42.4 parts per billion. A non-residential building at the Pearl Harbor Naval Ship Yard had DEHP levels of 26.4 parts per billion. A Navy Exchange facility near Hale Alii in Zone C2 tested positive for having elevated levels of total petroleum hydrocarbons, or TPH. The Navy also found an elevated level of beryllium at Pearl Harbor Elementary School.

The Navy has also released an agenda to flush out all affected water systems and re-test the water supply. "Do Not Drink" advisories have been put into place. Tap water has also been advised as not useable for cooking or hygiene.

‘FOREVER CHEMICALS’ FOUND IN IOWA DRINKING WATER

Jim Slosiarek / The Gazette

The Iowa Department of Natural Resources has claimed that their test results found the drinking water drawn from the Mississippi River tested positive for PFAS chemicals in Burlington, Davenport, and Keokuk, Iowa. These three water systems reach 183,000 Iowa residents. The tests indicated that the two major PFAS chemicals found, perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), was tested at 10 parts per trillion. For the city of Burlington, Iowa, untreated water was tested at 6.5 parts per trillion while treated water was tested at 7.2 parts per trillion.

DEVELOPERS STRIKE CONTAMINATION FROM VIRGINIA GOLD MINES

Piedmont Environmental Council / www.Bayjournal.com

The northern corner of Orange County, Virginia, that borders the Rapidan River use to be the state's center of the gold mining boom. A new development project planned for the 2,600-acre property was submitted but saw immediate delays. The Piedmont Environmental Council initially opposed the development project because it was the largest potential rezoning in the county’s history.

More concerns began to surface as the council’s director of state policy, Dan Holmes, began investigating. He found that the mines on the property had indicated mercury contamination. In a stream near one of the sites, an investigator found a pile of discarded mercury tailings from mining operations. This warranted a testing of the stream water and the flesh of the fish from the stream.

In Virginia, the responsibility of a mine on residential property falls onto the owner, but no such laws exist for Mines that were created 190 years ago. At the end of January, a 55-page document was submitted detailing plans to address the mine if the rezoning is approved by the county’s Board of Supervisors.

RESIDENTIAL FIRES CAUSE DAMAGE IN DEWEY BEACH AND MILLSBORO

Chuck Snyder / Special to the Delaware News

State Office from the Delaware Fire Marshal are investigating two fires in Dewey Beach, Delaware, and Millsboro, Delaware, that caused damage to two residential buildings on February 19th.

At 8pm on the 1700 block of Bayard Avenue, Dewey Beach, Delaware, a fire broke out. Neighboring mutual aid Fire Companies helped the Rehoboth Beach Volunteer Fire Company respond to the fire. The origin of the fire is still being investigated.

At the intersection of Friendship Road and Guinea Hollow Road, Millsboro, Delaware, a house fire broke out at 8:15pm, several fire companies were dispatched. The origin of this fire also remains unknown.

ARMY CLAIMS PROCESSORS QUICKLY AID SOLDIERS, FAMILIES AFFECTED BY HAWAII WATER CONTAMINATION

Jenn DeHaan / www.Dvidshub.net

Fort Knox, the United States Army installation in Kentucky, is responsible for helping Army soldiers around the world recover from losses and property damages. Recently, they have mobilized teams to the island state of Hawaii while processing claims for thousands of displaced military families. An accidental jet fuel leak contaminated the drinking water at Joint Base Pearl Harbor - Hickman in November of 2021. 7,000 Soldiers and family members were affected by the contamination.

EMERGING DEAL WOULD SPLIT $83M FOR CONDO COLLAPSE LOSSES

Gerald Herbert / AP

On February 11th, a tentative deal was announced paying $38 million to people that suffered economic loss in the June 24th, 2020 collapse of a 12-story Champlain Towers South condominium in Surfside, Florida. 98 individuals were killed, whatever amounts that are above the property settlement figure would be set aside for those who lost loved ones in the collapse.

A written agreement is set to be ready to file by February 17th. The largest lawsuit was filed on behalf of the Champlain Towers South victims and family members stating that work on the adjacent property damaged and destabilized Champlain Towers. Champlain Towers was in the process of a 40-year structural review when it collapsed without warning.