Pub Date : 2021-07-30DOI: 10.1080/10406026.2021.1957588
Niraj Kumar, Sapna Chourasiya, Amit Kumar, Basuki Nath
Abstract Increasing levels of ozone and nitrogen oxides may have damaging effects on the ambient environment, vegetation, public health and climate. Therefore, ozone chemistry is crucial to understand in fast-growing urban regions. This article reports on the determination of ozone and nitrogen oxides in the urban region of Patna, India. The aims of present study involve temporal variations of gaseous pollutants and source analysis. The occurrence of pollutants is dependent on meteorological factors along with local and distant sources. The findings may be useful for policymakers to formulate effective pollution-reducing strategies in the case of the new fast-growing urban city.
{"title":"Assessment of Ozone and Nitrogen Oxides Variations in Urban Region of Patna, India","authors":"Niraj Kumar, Sapna Chourasiya, Amit Kumar, Basuki Nath","doi":"10.1080/10406026.2021.1957588","DOIUrl":"https://doi.org/10.1080/10406026.2021.1957588","url":null,"abstract":"Abstract Increasing levels of ozone and nitrogen oxides may have damaging effects on the ambient environment, vegetation, public health and climate. Therefore, ozone chemistry is crucial to understand in fast-growing urban regions. This article reports on the determination of ozone and nitrogen oxides in the urban region of Patna, India. The aims of present study involve temporal variations of gaseous pollutants and source analysis. The occurrence of pollutants is dependent on meteorological factors along with local and distant sources. The findings may be useful for policymakers to formulate effective pollution-reducing strategies in the case of the new fast-growing urban city.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"34 1","pages":"170 - 192"},"PeriodicalIF":0.0,"publicationDate":"2021-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2021.1957588","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48713687","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-25DOI: 10.1080/10406026.2021.1892581
A. Davis, G. Evans, S. Benateigha, J. Clark
Abstract The East Helena, MT lead smelter complex was operated from 1888 through 2001 by Asarco. An adjacent zinc smelter was run by Anaconda (now ARCO) from 1926 through 1972. Both operations contaminated groundwater that migrated offsite under East Helena. As part of their bankruptcy settlement, Asarco paid $111.4 M toward remediation of site soil and groundwater. ARCO denied any liability so Asarco sued ARCO for response costs, relying in part on historical documents, photographs and soil and groundwater chemistry in the vicinity of Anaconda’s zinc smelter. Based on expert analysis, the trial court determined that ARCO was liable for 25% of the $61.4 million actually spent. On appeal, the 25% allocation was upheld with the proviso that future costs may also be recovered after they are incurred.
{"title":"Allocating Remedial Expenditures at the East Helena Smelter Complex, MT USA","authors":"A. Davis, G. Evans, S. Benateigha, J. Clark","doi":"10.1080/10406026.2021.1892581","DOIUrl":"https://doi.org/10.1080/10406026.2021.1892581","url":null,"abstract":"Abstract The East Helena, MT lead smelter complex was operated from 1888 through 2001 by Asarco. An adjacent zinc smelter was run by Anaconda (now ARCO) from 1926 through 1972. Both operations contaminated groundwater that migrated offsite under East Helena. As part of their bankruptcy settlement, Asarco paid $111.4 M toward remediation of site soil and groundwater. ARCO denied any liability so Asarco sued ARCO for response costs, relying in part on historical documents, photographs and soil and groundwater chemistry in the vicinity of Anaconda’s zinc smelter. Based on expert analysis, the trial court determined that ARCO was liable for 25% of the $61.4 million actually spent. On appeal, the 25% allocation was upheld with the proviso that future costs may also be recovered after they are incurred.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"34 1","pages":"34 - 55"},"PeriodicalIF":0.0,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2021.1892581","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42600284","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-28DOI: 10.1080/10406026.2021.1907992
Ankit Modi, N. Khatri, S. Tyagi, A. K. Jha
Abstract Irrigation Water Quality Index (IWQI) is applied based on the linear combination of the five different groups of irrigation water quality parameters: (a) salinity hazard, (b) permeability and infiltration problems, (c) specific ion toxicity, (d) trace element toxicity; and (e) miscellaneous problems that have potential negative impacts on soil quality and crop yield. A single index value is developed, which is then interpreted to determine the suitability of the irrigation water. Furthermore, the values of various quality parameters of sewage were compared with the quality of groundwater of villages in the Gandhinagar district of Gujarat State selected for the study. The comparison revealed that no significant difference had been observed among the values of water quality parameters analyzed for groundwater and sewage. Further, the IWQI calculated for sewage and groundwater was found to be in the moderate and high class of suitability for irrigation purpose. IWQI also considers the levels of trace heavy metals, therefore it serves as an excellent tool for monitoring their levels and assess their impact on human and animal health in future. Moreover, it is recommended to carry out continuous monitoring of sewage, crops, and soil for perpetual applications of sewage for irrigation.
{"title":"Analysis of Contaminants in Sewage and Groundwater: Future Impact on Human and Animal Health","authors":"Ankit Modi, N. Khatri, S. Tyagi, A. K. Jha","doi":"10.1080/10406026.2021.1907992","DOIUrl":"https://doi.org/10.1080/10406026.2021.1907992","url":null,"abstract":"Abstract Irrigation Water Quality Index (IWQI) is applied based on the linear combination of the five different groups of irrigation water quality parameters: (a) salinity hazard, (b) permeability and infiltration problems, (c) specific ion toxicity, (d) trace element toxicity; and (e) miscellaneous problems that have potential negative impacts on soil quality and crop yield. A single index value is developed, which is then interpreted to determine the suitability of the irrigation water. Furthermore, the values of various quality parameters of sewage were compared with the quality of groundwater of villages in the Gandhinagar district of Gujarat State selected for the study. The comparison revealed that no significant difference had been observed among the values of water quality parameters analyzed for groundwater and sewage. Further, the IWQI calculated for sewage and groundwater was found to be in the moderate and high class of suitability for irrigation purpose. IWQI also considers the levels of trace heavy metals, therefore it serves as an excellent tool for monitoring their levels and assess their impact on human and animal health in future. Moreover, it is recommended to carry out continuous monitoring of sewage, crops, and soil for perpetual applications of sewage for irrigation.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"34 1","pages":"208 - 221"},"PeriodicalIF":0.0,"publicationDate":"2021-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2021.1907992","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49321138","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-14DOI: 10.1080/10406026.2021.1911392
Shannon Marcoux
Abstract Since its arrival in the Marshall Islands in 1944, the United States military has caused widespread, deadly, and lasting environmental harm. The Compact of Free Association binding the United States and the Republic of the Marshall Islands creates legal gaps allowing for ongoing harm without an avenue for adequate remedy. Current Compact renegotiations between the Marshall Islands and the United States offer an opportunity to provide an adequate remedy for past abuses and accountability for ongoing and future contamination. Further, legislative avenues remain an alternate means of addressing the legal and funding gaps currently depriving the Marshall Islands of a remedy.
{"title":"Contamination and a Compact: Remediless Environmental Harm in the Marshall Islands","authors":"Shannon Marcoux","doi":"10.1080/10406026.2021.1911392","DOIUrl":"https://doi.org/10.1080/10406026.2021.1911392","url":null,"abstract":"Abstract Since its arrival in the Marshall Islands in 1944, the United States military has caused widespread, deadly, and lasting environmental harm. The Compact of Free Association binding the United States and the Republic of the Marshall Islands creates legal gaps allowing for ongoing harm without an avenue for adequate remedy. Current Compact renegotiations between the Marshall Islands and the United States offer an opportunity to provide an adequate remedy for past abuses and accountability for ongoing and future contamination. Further, legislative avenues remain an alternate means of addressing the legal and funding gaps currently depriving the Marshall Islands of a remedy.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"34 1","pages":"95 - 135"},"PeriodicalIF":0.0,"publicationDate":"2021-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2021.1911392","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41566830","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-11DOI: 10.1080/10406026.2021.1923926
Randall Bell, Michael Tachovsky
Abstract The so-called “Forever Chemicals,” i.e. PFAS or PFCs, are emerging environmental contaminants. They refer to a family of carbon-fluorine chemicals that were initially developed in the commercial and industrial sectors around the time of WWII. As the term PFAS is a catch-all, there are many individual compounds, including C8, PFOA, PFOS, AFFF, PFNA, PFHxS, and GenX. Until the late 1990s/early 2000s, the health risks of PFAS compounds were largely unknown to the general public. But with the increasing ability to detect and monitor these compounds in humans and the environment, information is now more widely available. Health advisories are being developed at federal and state levels as to the adverse human health effects associated with PFAS are becoming clearer. As public awareness and the ability to detect PFAS compounds evolve, so must real estate valuations. Real estate valuation professionals are facing assignments that require an evaluation of the impact, if any, of PFAS on property values, in particular, properties with tainted household water. This article outlines the fundamental characteristics of PFAS compounds and sets forth valuation methodologies, such as mass appraisal methodologies, that can be used to determine the impact, if any, PFAS have on real estate values. Appraisal literature and textbooks have established the use of regression for mass appraisal assignments. The profession has also developed numerous well-accepted methodologies that can also be used to address mass appraisal assignments. This article addresses the use of regression as a real estate valuation methodology, the use of sale/resale as a mass appraisal technique, and the use of a case study approach in environmental contamination assignments related to PFAS.
{"title":"Real Estate Damage Economics: The Impact of PFAS “Forever Chemicals” on Real Estate Valuation","authors":"Randall Bell, Michael Tachovsky","doi":"10.1080/10406026.2021.1923926","DOIUrl":"https://doi.org/10.1080/10406026.2021.1923926","url":null,"abstract":"Abstract The so-called “Forever Chemicals,” i.e. PFAS or PFCs, are emerging environmental contaminants. They refer to a family of carbon-fluorine chemicals that were initially developed in the commercial and industrial sectors around the time of WWII. As the term PFAS is a catch-all, there are many individual compounds, including C8, PFOA, PFOS, AFFF, PFNA, PFHxS, and GenX. Until the late 1990s/early 2000s, the health risks of PFAS compounds were largely unknown to the general public. But with the increasing ability to detect and monitor these compounds in humans and the environment, information is now more widely available. Health advisories are being developed at federal and state levels as to the adverse human health effects associated with PFAS are becoming clearer. As public awareness and the ability to detect PFAS compounds evolve, so must real estate valuations. Real estate valuation professionals are facing assignments that require an evaluation of the impact, if any, of PFAS on property values, in particular, properties with tainted household water. This article outlines the fundamental characteristics of PFAS compounds and sets forth valuation methodologies, such as mass appraisal methodologies, that can be used to determine the impact, if any, PFAS have on real estate values. Appraisal literature and textbooks have established the use of regression for mass appraisal assignments. The profession has also developed numerous well-accepted methodologies that can also be used to address mass appraisal assignments. This article addresses the use of regression as a real estate valuation methodology, the use of sale/resale as a mass appraisal technique, and the use of a case study approach in environmental contamination assignments related to PFAS.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"34 1","pages":"136 - 155"},"PeriodicalIF":0.0,"publicationDate":"2021-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2021.1923926","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48193076","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-20DOI: 10.1080/10406026.2021.1905210
Md. Raquibul Hasan, N. Mustafi
Abstract This research examines and measures the ecological implications of EVs' mass use in Bangladesh, particularly emissions from charging the lead acid batteries (LABs) used by the vehicles using grid electricity and environmental pollution from the unregulated recycling of these vehicles' batteries. This study evaluated that about 14 kilotons of CO2 were emitted per day to charge these EVs, the mean concentrations of the heavy metals in the soil and water samples in the recycling zone were exceeded the guideline values, and toxic gases from the recycling of battery were surpassed the AQI limit value.
{"title":"Environmental Impacts of the Use of Electric Vehicles","authors":"Md. Raquibul Hasan, N. Mustafi","doi":"10.1080/10406026.2021.1905210","DOIUrl":"https://doi.org/10.1080/10406026.2021.1905210","url":null,"abstract":"Abstract This research examines and measures the ecological implications of EVs' mass use in Bangladesh, particularly emissions from charging the lead acid batteries (LABs) used by the vehicles using grid electricity and environmental pollution from the unregulated recycling of these vehicles' batteries. This study evaluated that about 14 kilotons of CO2 were emitted per day to charge these EVs, the mean concentrations of the heavy metals in the soil and water samples in the recycling zone were exceeded the guideline values, and toxic gases from the recycling of battery were surpassed the AQI limit value.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"34 1","pages":"56 - 79"},"PeriodicalIF":0.0,"publicationDate":"2021-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2021.1905210","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45166704","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-22DOI: 10.1080/10406026.2020.1843289
Frederic Blum, Jeremy D. Stone
Abstract The characteristics of environmental litigation — generally spanning several years, including many potentially responsible parties, complex fact patterns, commercial agreements, and lengthy operational histories — lend themselves to both unethical, intentional billing abuses and unintentional invoicing mistakes. The complexities of environmental litigation, however, do not relieve attorneys of their obligation to accurately bill their time. This puts environmental litigators in a difficult position to simultaneously succeed at litigation and manage their clients’ largest concern — litigation costs. This article explores proper and improper billing practices, how computer-assisted e-discovery technology can keep litigation costs down, and how clear communication plays a key role in minimizing billing disputes.
{"title":"I Am Not Paying for That! Lawyers’ Bills and the Clients Who Dispute Them","authors":"Frederic Blum, Jeremy D. Stone","doi":"10.1080/10406026.2020.1843289","DOIUrl":"https://doi.org/10.1080/10406026.2020.1843289","url":null,"abstract":"Abstract The characteristics of environmental litigation — generally spanning several years, including many potentially responsible parties, complex fact patterns, commercial agreements, and lengthy operational histories — lend themselves to both unethical, intentional billing abuses and unintentional invoicing mistakes. The complexities of environmental litigation, however, do not relieve attorneys of their obligation to accurately bill their time. This puts environmental litigators in a difficult position to simultaneously succeed at litigation and manage their clients’ largest concern — litigation costs. This article explores proper and improper billing practices, how computer-assisted e-discovery technology can keep litigation costs down, and how clear communication plays a key role in minimizing billing disputes.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"33 1","pages":"183 - 193"},"PeriodicalIF":0.0,"publicationDate":"2021-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2020.1843289","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49194564","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-11DOI: 10.1080/10406026.2021.1885617
Erica E. McCabe, Alexander E. Potente, Angela Probasco
Abstract Since the introduction of the pollution exclusion in 1970, the scope of its application has remained one of the most highly litigated insurance coverage issues. Whether construed to bar coverage for all damages caused by contaminants, or only damages caused by traditional environmental pollution, the pollution exclusion's resulting coverage gap is significant. Although some form of pollution liability insurance has been available since 1977, pollution liability coverage has not, generally speaking, been a mirror image of the pollution exclusion – reducing, not eliminating, the pollution exclusion's coverage gap. Since the 1990s, the pollution liability insurance market has grown and evolved with an increasing number of options for insureds to further reduce the pollution exclusion’s coverage gap, including products pollution liability coverage now offered by a small number of insurers.
{"title":"Products Pollution Liability Insurance: Another Bridge Spanning the Pollution Exclusion Coverage Gap","authors":"Erica E. McCabe, Alexander E. Potente, Angela Probasco","doi":"10.1080/10406026.2021.1885617","DOIUrl":"https://doi.org/10.1080/10406026.2021.1885617","url":null,"abstract":"Abstract Since the introduction of the pollution exclusion in 1970, the scope of its application has remained one of the most highly litigated insurance coverage issues. Whether construed to bar coverage for all damages caused by contaminants, or only damages caused by traditional environmental pollution, the pollution exclusion's resulting coverage gap is significant. Although some form of pollution liability insurance has been available since 1977, pollution liability coverage has not, generally speaking, been a mirror image of the pollution exclusion – reducing, not eliminating, the pollution exclusion's coverage gap. Since the 1990s, the pollution liability insurance market has grown and evolved with an increasing number of options for insureds to further reduce the pollution exclusion’s coverage gap, including products pollution liability coverage now offered by a small number of insurers.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"33 1","pages":"149 - 160"},"PeriodicalIF":0.0,"publicationDate":"2021-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2021.1885617","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46306182","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-12DOI: 10.1080/10406026.2020.1869894
Robert D. Chesler, A. J. Clarke, Robin Kelliher
Abstract This article examines the recent surge in Per or polyfluoroalkyl substances (PFAS)-regulatory enforcement and private party suits, and where a responsible party may look for insurance coverage for this liability. PFAS are the so-called “forever chemicals” because of their persistence in groundwater. In some states, PFAS groundwater contamination that pre-dates 1986 may be covered under a company’s pre-1986 historic general liability policies; in other states, coverage would only lie under pre-1973 policies. Moreover, currently available pollution insurance policies may provide coverage for PFAS liability.
{"title":"PFAS: Liability and Insurance Coverage Issues for the “FOREVER CHEMICAL”","authors":"Robert D. Chesler, A. J. Clarke, Robin Kelliher","doi":"10.1080/10406026.2020.1869894","DOIUrl":"https://doi.org/10.1080/10406026.2020.1869894","url":null,"abstract":"Abstract This article examines the recent surge in Per or polyfluoroalkyl substances (PFAS)-regulatory enforcement and private party suits, and where a responsible party may look for insurance coverage for this liability. PFAS are the so-called “forever chemicals” because of their persistence in groundwater. In some states, PFAS groundwater contamination that pre-dates 1986 may be covered under a company’s pre-1986 historic general liability policies; in other states, coverage would only lie under pre-1973 policies. Moreover, currently available pollution insurance policies may provide coverage for PFAS liability.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"33 1","pages":"136 - 148"},"PeriodicalIF":0.0,"publicationDate":"2021-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2020.1869894","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42182270","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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