BOULDER, COLORADO FIRE THAT DESTROYED 24 UNITS AT APARTMENT COMPLEX DETERMINED ACCIDENTAL

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On March 25th, in Boulder, Colorado, firefighters were called out to Magwood Apartments located at 2880 Kalmia Avenue. The building was on fire and residents had already begun evacuating. The fire displaced 24 residential units and was determined to be accidental. A BFR investigation team claimed the fire started from someone's discarded smoking material in a dried plant pot. The BRF has also expressed that they believe the fire started in the upper part of the building and spread into the attic.

FRIDAY HARBOR, SAN JUAN ISLAND, WASHINGTON FIRE CAUSES MORE DAMAGE THAN INITIALLY THOUGHT

KGMI

On April 7th, a fire caused damage to historical buildings in downtown Friday Harbor, San Juan Island, Washington. A San Juan County Fire spokesperson stated that 6 properties have sustained fire damage. The 6 properties included a tavern, wine bar, coffee shop, kayak tour business, real estate agency, and private offices. Several other businesses in the area remained closed due to the effects of the smoke from the fire.

12 DISPLACED BY KANSAS CITY APARTMENT FIRE

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On April 4th, a fire caused damage to a 3-story apartment building and displaced 12 individuals. The fire was called in around 4:41 am to the apartment building located on East 28th street in Kansas City, Missouri. Smoke and fire were located on the 3rd floor of the building when firemen arrived on the scene.

WASTE DUMPED IN A SOUTH BEND NEIGHBORHOOD TO BE TREATED

www.SouthBendTribune.com

Bendix and other companies dumped toxic waste for decades in a lot adjacent to South Bend, Indiana. Honeywell International (whose predecessor is Bendix Corp) and the city of South Bend, Indiana, will pay to have areas of the park excavated. These excavation will be conducted as part of a federal environmental program that designates Honeywell International and the city of South Bend, Indiana, as “potentially responsible parties.”

ACTING AG ANNOUNCES GROUNDWATER CONTAMINATION LAWSUIT IN ENVIRONMENTAL JUSTICE COMMUNITY

Screenshot from Google Maps

Attorney General Matthew J. Platkin and Commissioner of Environmental Protection Shawn M. LaTourette announced on April 4th that the Department of Environmental Protection (DEP) has filed a suit against a chemical company based in Connecticut. Allegedly, this chemical company is responsible for damaging natural resources in New Jersey by contaminating groundwater at the site of the former Hexcel manufacturing plant.

The site has already undergone remediation of the contamination but the lawsuit is seeking compensation for the damaged natural resources, specifically the lost value in their contaminated water supply. The chemicals came from the leaking storage tanks and operations at the Hexcel plant. The lawsuit is being handled by the Environmental Enforcement and Environmental Justice (EEEJ) Section within the Division of Law’s Affirmative Civil Enforcement Practice Group.

IS THE RED HILL CONTAMINATION MOVING?

www.civilbeat.org

The Red Hill Bulk Fuel Storage Facility is a military fuel storage facility in Hawaii. A water contamination crisis has been tied to the Navy's Red Hill fuel tanks with concerns on whether pollution from the facility could migrate toward civilian wells. The Navy has claimed they do not have the information required to assess how or when that may happen. Scientists have not found answers to how much fuel contamination is under the facility, how much already has spread, how quickly it’s moving, and what direction it may be going. Despite the threat the Navy facility poses to Honolulu’s water supply, the aquifer that lies beneath it has not been thoroughly studied.

MAP REVEALS THE PRESENSE OF LEAD IN CHICAGO BACKYARDS

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Lead was found to be present in the soils of the Chicago, Illinois, environment. Communities of Chicago now have access to a citywide map that will set forth an estimated amount of lead contamination in soils.

According to the study, 20% of the city's soils are higher than 400 parts per million (ppm). The average amount of lead in the soil was 220 ppmwhich is approximately 11 times higher than the natural level of 20 ppm. Some south-side neighborhoods had lead levels in the soil of more than 1,000 ppm. Illinois Environmental Protection Agency follows the federal EPA rate of 400 ppm, though other states set forth different levels, such as the California EPA has a lower level of 80 ppm

JUDGE APPROVES $34M SETTLEMENT IN PFOA LAWSUIT

www.BenningtonBanner.com

On Monday, April 18th, a federal judge ordered Saint-Gobain Performance Plastics Corporation to pay $34 million for a class-action lawsuit filed against the company. The lawsuit was filed over the presence of PFAS chemicals in the soil and groundwater of a southern community in Bennington, Vermont. The company will pay $26.2 million to compensate Bennington, Vermont, property owners for alleged damages. They will also pay $6 million to monitor the health of those exposed to perfluorooctanoic acid (PFOA).

Two former ChemFab Corporation factories that had be purchased by Saint-Gobain were determined to be responsible for distributing PFOA chemicals through exhaust emissions. The lawsuit was filed in May of 2016. Saint-Gobain has since paid over $40 million to comply with state consent orders to extend municipal water lines to homes with wells.

The Vermont Legislature has passed a bill stating in Vermont, people exposed to chemicals can sue the polluter for medical monitoring. This bill is expected to be signed into law by Gov. Phil Scott, although he had vetoed two other previous medical monitoring bills. Claims against Saint-Gobain can still be filed through August 22, 2022.

CENTRAL CITY, IOWA, HAS WATER WELLS WITH PFAS

The Gazette

Central City, Iowa, stated they will only use one of their two water wells because one of their wells tested for PFAS. In February, the city well tested at 62 parts per trillion for the two PFAS compounds. A test of the city's drinking water also showed testing at 61-parts-per-trillion concentration. The U.S. Environmental Protection Agency’s current health advisory for PFAS is 70 parts per trillion.

The well that tested for PFAS has been shut down and the City pulls its drinking water from the other well. City officials believe they have enough water to meet the city's demands during peak usage season but are considering limiting the use of water throughout the year to ensure the well will be able to supply the needed demand of water. New policies have been set into place for Central city that require public water supplies to be tested every three months to monitor the water.

LAVAL, QUEBEC, CANADA, ENVIRONMENTAL GROUPS DEMAND SOLUTION TO CONTAMINANTS IN RIVER

CTV

Residents of Lava, Québec, Canada, are calling on their providence to address the concern over contaminant levels in local rivers and creeks. Ruisseau la Piniere is the largest creek in Laval and is a source of water and food for the wildlife in this Bois Papineau nature park. In 2019, residents began to notice the creek was running grey and recorded 13 different instances where the creek appeared to be grey. There is concern that a nearby quarry may be the cause, the quarry is located a few kilometers upstream from where residents were reporting grey colors in the creek water.

FIRE CAUSES AN ESTIMATED $1.1 MILLION IN DAMAGE AT TALMADGE, SAN DIEGO HOME

OnScene TV

A fire started inside a home located on 47th street in the Talmadge neighborhood of San Diego, causing an estimated $1.1 million in property damages. The fire occurred on Monday, March 28th, and displaced four residents. The fire was reported around 3 am and by the time the fire department had arrived, there was smoke and fire coming from the front of the building. The cause of the fire is still under investigation.

GOLD COAST SUBURB HAS APPROXIMATELY $1.4 BILLION IN PROPERTY AT “RISK” FROM COASTAL EROSION

www.realestate.com.au

Paradise Point, the Gold Coast suburb of Australia has been identified as having an estimated $1.4 billion worth of property at “risk” of coastal erosion or storm-surge-related damage within the next 30 to 60 years. More than 400 properties have been labeled as "high risk" or "very high risk."

ROUND ROCK TORNADO DAMAGE ESTIMATE NOW UP TO $32 MILLION

Spectrum News 1 / Charlotte Scott

On March 29th, weeks after a tornado caused damage to the city of Round Rock, Texas, city leaders have released their official estimates of the damage left behind. Preliminary estimates state that 680 residential properties were damaged at an estimated cost of $32 million. The numbers came from both city officials and members of the Building Officials Association of Texas, which deployed trained and certified personnel to the impacted neighborhoods.

JUDGE ORDERS $13 MILLION JUDGMENT IN FAVOR OF REAL ESTATE TYCOON IN SUIT AGAINST BUSINESS PARTNER

screenshot via Google Maps

A tentative ruling in favor of Stanley Black was issued on Monday, March 21, in his lawsuit against his 35-year business partner, Robert Barth. After a two-week trial, the judge ordered Robert Barth to pay back Stanley Black $13.4 million. Half of which was considered to be for punitive damages. Howard E. King, Stanley Black's Lawyer, stated that Robert Barth had taken $7 million in corporate opportunities for personal profit. Robert Barth’s lawyer, claimed that they were disappointed with the ruling, stating that the ruling is fraud both factually and legally.

SEATTLE JURY HANDS DOWN $19 MILLION VERDICT AGAINST CONDO TOWER PROJECT

Evan Didier, Flickr Creative Commons

Skanska USA Building was awarded $19.2 million from a King County Superior Court Jury. This compensation was awarded from a breach of contract complaint against the Nexus condo tower developers of downtown Seattle, Washington.

NUVEEN BOND-MARKET COERCION ARGUES OVER DAMAGES

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Preston Hollow Capital LLC has filed in court claiming the U.S. bond-market powerhouse Nuveen LLC should pay $628 million for trying to coerce banks into not doing business with its smaller rival. This is the latest news on the three-year-plus legal battle that’s going to trial in state court in Wilmington, Delaware, sometime in July.

Nuveen denied in a separate filing that it had targeted Preston Hollow’s business and argued that it should not be liable to pay any damages. Nuveen is a unit of teachers’ investment group TIAA and the second-largest municipal bond-fund manager. Nuveen’s expert, contends the fund’s damage assessment is based on flawed assumptions and incorrect math. Furthermore arguing that even if jurors were to agree Nuveen harmed Preston Hollow, there’s no basis for awarding the fund more than $305 million, according to court filings.

OCALA TORNADO DAMAGE CLIMBS, EXPERT SAYS

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Florida residents conducted storm debris removal across the state for a week after severe weather on the weekend of March 13th and 14th. Personal, commercial, and residential properties were damaged, costing nearly $16 million. Marion County Property Appraiser Jimmy Cowan said an apartment complex in El Dorado had to red tag over 200 units out of 688 units.

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

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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.