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Category Archive
Environmental Law
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Permit Shield Does Not Protect Environmental Defendants if Terms Are Not Followed

Complex environmental regulations can frustrate the most sophisticated companies. No matter how much time, money and effort is put into environmental safety, changing rules and contradictory directives can trigger significant legal exposure. To alleviate this problem, “permit shield” protection was established so that companies could avoid civil liability by following government instructions in regard to Read More

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West Virginia Legislators to Consider Medical Monitoring Revisions

Medical monitoring costs can spiral out of control in litigation arising from alleged exposure to hazardous substances. These awards require defendants to fund medical testing for plaintiffs who don’t show any symptoms at the time of the litigation.  The medical checks can last for the rest of plaintiffs’ lives and, depending on the specific allegation, Read More

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How Long Does a Duty to Defend Against Environmental Claims Last?

Environmental claims routinely involve allegations that date back several years or even decades. This creates difficult legal questions for potential defendants and their insurers. Sometimes sites are the subject of complaints or other types of activity before a claim is filed that would trigger the application of an insurance policy. If a lawsuit is not Read More

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Are Flash Floods Caused by Coal Mining?

Coal mining, timber logging and other heavy industries are prevalent in West Virginia. There is an age-old debate among environmentalists, mining companies and environmental law practices as to whether such corporations are responsible for the state’s flash floods and the damage that flooding wreaks on the surrounding environment. An environmental law practice in West Virginia Read More

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