As we celebrate the 30th Anniversary of Environmental Claims Journal (“the Journal”), congratulations and thank you to everyone who has been involved as authors, Editorial Advisory Board Members, subscribers, and readers. Important article topics have often focused on the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and related state law statutes, the Resource Conservation and Recovery Act (RCRA), worldwide health issues from pollutants, environmental releases from climate change, the lack of coverage under general liability and property policies for pollutants, and the availability of coverage under environmental insurance policies. The emergence of new claims exposures is also informative and interesting. Recent important topics have addressed the environmental impacts to groundwater and drinking water, alternative energy-related issues, and chemicals newly deemed hazardous to the environment and health. While there are thousands of examples of environmental claims over the past year, this note will highlight some of the most recent news stories.

1. ENVIRONMENTAL CLAIMS JOURNAL
, VOL. , NO. , –
https://doi.org/./..
Editor’s Note
As we celebrate the 30th Anniversary of Environmental Claims Journal (“the
Journal”), congratulations and thank you to everyone who has been involved as
authors, Editorial Advisory Board Members, subscribers, and readers. Important
article topics have often focused on the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA) and related state law statutes, the
Resource Conservation and Recovery Act (RCRA), worldwide health issues from
pollutants, environmental releases from climate change, the lack of coverage under
general liability and property policies for pollutants, and the availability of coverage
under environmental insurance policies. The emergence of new claims exposures is
also informative and interesting. Recent important topics have addressed the envi-
ronmental impacts to groundwater and drinking water, alternative energy-related
issues, and chemicals newly deemed hazardous to the environment and health.
While there are thousands of examples of environmental claims over the past year,
this note will highlight some of the most recent news stories.
Hazardous arsenic and lead levels crushed property values in Carteret, New
Jersey, and 100 residents filed a class action seeking damages.1
Moreover, those
individuals are seeking medical monitoring costs, as they fear that their exposure
to pollutants will manifest in future illnesses.2
Often, general liability policies will
have total pollution exclusions for such claims, and the policy may further require
an actual physical injury before the policy considers payments for medical costs.
Environmental insurance, however, covers diminution in property value claims, and
medical monitoring costs for potential personal injuries, expressly in most environ-
mental insurance policy forms.
Montaire Farms in Millsboro, Delaware, is responsible for contaminating
groundwater with high levels of nitrogen nitrate and fecal coliform.3
The company
will be required to increase biosolids and oxygen levels, and upgrade its water
treatment plant.4
The cost to comply with environmental regulations is often in
the millions and this regulatory upgrade will cost $35 million.5
Also, a chicken
processing plant polluted the Suwanee River, and paid $1.4 million in damages for
wastewater treatment plant equipment upgrades to comply with acceptable limits
 http://www.nj.com/middlesex/index.ssf///arsenic_lead_levels_could_crush_property_value_in.html
 Id.
 http://www.wmdt.com/news/delaware/mountaire-farms-hard-at-work-following-accusations-of-groundwater-
contamination/
 Id.
 Id.
©  Taylor & Francis Group, LLC

2. 2 H. M. TOLLIN
on wastewater discharges.6
Farming, manufacturing, and wastewater exposures
will continue to result in environmental claims.
Hazardous chemicals polluted properties in Duval County, Florida, from years of
treating utility poles.7
In 2001, an elementary school closed due to soil contamina-
tion near the site.8
Parents formed the Fairfax Environmental Committee and are
now seeking the closure of two additional elementary schools. Parents believe there
were health effects from the exposure to those toxins.9
A former metal cleaning company in Plainview, New York polluted a cur-
rent office building property.10
The contaminant used in the operations was
trichloroethene (“TCE”), and toxic levels in both the soil and groundwater forced
this property to be deemed a Superfund Site 10 years ago.11
The Plainview
Water District is now working with environmental regulators to treat groundwa-
ter wells 80 feet below the soil, and the local Concerned Citizens of Plainview-
Old Bethpage are upset that the investigation and remediation efforts are going
so slowly.12
TCE and tetrachloroethylene (PCE), regularly used in manufacturing
and dry-cleaning operations, are linked to kidney and liver damage and cancer.
These solvents similarly contaminated groundwater near two schools in Evansville,
Illinois, and chemical vapors are further affecting commercial businesses and nearby
homes.13
PCB’s also continue to be a toxic chemical. Madison-Kipp Corp., a producer of
aluminum die cast components, paid $7.2 million in private lawsuits, $8 million
on environmental remediation, and will spend another $2 million to address PCE
and PCB contamination.14
PCE contamination had migrated into the neighborhood
releasing vapors into nearby homes, and neighbors are installing air monitors to
measure air pollution associated with serious heart and lung problems.15
The inadvertent exposure to asbestos or asbestos in products continues to have
claims frequency and severity. Most nonenvironmental commercial insurance poli-
cies now have an asbestos exclusion in addition to the total pollution exclusion.
Allstate is cancelling many homeowner policies in Lake Charles, Louisiana due to
asbestos in prior homebuilding products.16
Asbestos was outlawed in 1980 for caus-
ing lung cancer and mesothelioma, but about 20% of all homes (older than the
1980s) still have asbestos in flooring, roofing, and siding materials.17
Coupled with
 https://www.insurancejournal.com/news/southeast////.htm
 http://www.firstcoastnews.com/news/local/consumer/on-your-side/superfund-site-concerns-lead-to-a-call-for-the-
closing-of-two-elementary-schools/
 Id.
 Id.
 http://longisland.news.com/story//ny-to-conduct-groundwater-study-at-plainview-superfund-site
 Id.
 Id.
 http://www.courierpress.com/story/news/local////how-did-chemicals-get-water-near-two-evansville-scho-
ols//
 http://host.madison.com/wsj/news/local/govt-and-politics/wisconsin-settles-longstanding-madison-kipp-polluti-
on-case-with-fine/article_daf-b-f-bf-ebea.html
 Id.
 http://www.kplctv.com/story//major-insurance-provider-canceling-policies-due-to-asbestos
 Id.

3. EDITOR’S NOTE 3
hurricanes and other wind and water losses, asbestos have materially increased the
cost of claims.
Perfluros, commonly known as PFOA, PFOS, and PFAS, cause kidney and testic-
ular cancer, birth defects, ulcerative colitis, and other health problems. Many manu-
facturers used Perflouroalkyl substances as a teflon coating on cookware, furniture,
and clothing. In addition, fire departments used PFAS in foam based fire retardants.
This is an example of how an emerging contaminant will be the subject of many
future claims.
The Chemours’ Company’s sales of fluoroproducts total about $2.3 billion.18
GenX, an unregulated chemical, used in the production of teflon, was found at high
levels in the Cape Fear River near the plant.19
A water utility filed a lawsuit against
Chemours and State Regulators directed the Company to buy bottled water for 50
residential well owners living near the facility.20
GenX is an example of a chemical
that needs to be studied for its impact on drinking water and its health effects. The
NYDEC will spend $2.7 million to connect properties to municipal water because
private wells have been contaminated with perfluroctanic acid and perflurooctane
used in firefighting foams at the Stewart Air National Guard Base.21
New York’s Clean Infrastructure Act of 2017 further awarded $20 million to ser-
vice water pipes that contain lead corrosion. Lead poisoning from paint and cor-
rosion from old water pipes will continue to result in lead poisoning claims. Eli-
gible municipalities receiving grants to remedy in New York were determined by
the percentage of children with elevated blood levels, number of homes built before
1939, and median household income.22
New York is further requiring health care
providers to test all children for lead with a blood test at age one and again at age
two.23
The EPA estimates that contaminated water with lead constitutes more than
20% of a person’s lead exposure and infants receive 40%–60% of lead exposure from
drinking water with mixed formula.24
The earth has warmed 1.4°F mostly since the 1970s with 10 of the 12 warmest
years occurring inches the past 12 years.25
Sea levels have risen approximately 8 in
since the start of the industrial revolution.26
In 2017, there were an increased num-
ber of natural disasters. Currently, there are hundreds of acres of wildfires in south-
ern California, which has scorched hundreds of acres and affected more than 1000
structures. In June 2017, wildfires in Portugal killed 62 people and caused enormous
damage. In addition, hurricanes such as Harvey, Irma, and Maria have resulted in
 http://www.delawareonline.com/story/money/business////high-levels-teflon-related-chemical-again-fou-
nd-nc-river-near-chemours-plant//
 Id.
 Id.
 http://www.recordonline.com/news//m-project-will-connect-some-pfos-tainted-properties-to-municipal-
water-systems
 http://hudsonvalleynewsnetwork.com////m-awarded-replacement-residential-drinking-water-lead-servi-
ce-lines/
 Id.
 Id.
 See Carl R. Howard “Developments in Climate Change,”TheNewYorkEnvironmentalLawyer, NYSBA Publication, Vol. ,
No.  (Fall ), p. .
 Id. at p. .

4. 4 H. M. TOLLIN
substantial flood damage in Texas, Florida, Puerto Rico, and the Virgin Islands. Most
scientists agree that rising temperatures will continue to cause stronger storms, ris-
ing seas, flooding in coastal areas, deadly heat waves and wild fires, and drought and
crop failures. As a result, mold and environmental claims from migrating pollution
releases will continue to increase in number and severity.
States have pledged to reach certain renewable energy goals because fossil fumes
produce pollutants such as sulfur dioxide, nitrogen oxides, carbon dioxide, and par-
ticulate matter. For example, Portland Oregon has committed to 100% renewable
energy by 2050 and California by 40% of 1990 levels by 2030.27
By 2020, MidAmer-
ican Energy has planned $3.6 billion for wind turbines, which would allow 85% of
Iowa customers to be electrified by clean energy.28
Interestingly, the five states that
get the largest percentage of their power from wind turbines are President Trump
states: Iowa, Kansas, South Dakota, Oklahoma, and North Dakota; and 69% of cur-
rent wind power in the country is produced by states President Trump won in
November 2016.29
New York’s Governor Cuomo recently awarded $12 million to
increase energy efficiency for industrial and multifamily buildings.30
The program
is funded through the State’s Clean Energy Fund, a 10 year, $5.3 billion program
to support a cleaner environment.31
New York’s mission is to reduce energy use in
commercial buildings in order to reduce greenhouse gas emissions 40% by 2030.32
Electric vehicles can now travel 200 miles between charges, and countries and
car companies will continue to invest in battery power. Norway pledged to sell
only electrical vehicles by 2025, India pledged same by 2030, and France by 2040.33
Germany set a goal of one million electric vehicles by 2020, and Volvo is committed
to use battery power or hybrids exclusively in the next few years.34
Environmental claims may further involve aspects of cannabis as per as per the
Journal article by Nevius, Volume 27, Number 4. Marijuana generated $6.7 billion
in nationwide retail sales and medical use is now legal in 28 states.35
Colorado alone
was $1.3 billion in 2016 retail sales. In addition, eight states and the District of
Columbia legalized adult recreational use.36
States have used their own random cri-
teria to develop lists of legal pesticides allowed for used to grow marijuana.37
Some
states follow tobacco standards as no data or studies exist for marijuana. Federal law
still forbids possession or distribution, with violations that could be a felony, and the
U.S. Drug Enforcement Agency (DEA) lists marijuana as a drug with no beneficial
 Id.
 Id.
 Id.
 https://www.longisland.com/news/--/governor-cuomo-announces--million-to-increase-energy-efficiency-
for-industrial-and-multifamily-buildings.html
 Id.
 Id.
 See Carl R. Howard “Developments in Climate Change,”The New York Environmental Lawyer, NYSBA Publication Vol. ,
No.  (Fall ), p. .
 Id.
 See Telisport W. Putsavage, “Legal Pot Industry Bugged by Lack of Pesticide Guidance,” The New York Environmental
Lawyer, NYSBA Publication, Vol. , No.  (Fall ), p. .
 Id.
 Id.

5. EDITOR’S NOTE 5
use with no possession allowed. The Rohrabacher-Farr Amendment to the Contin-
uing Budget Resolution through December 8, 2017 precluded funds to be used to
enforce state-compliant marijuana programs.38
The Editorial Advisory Board and the Journal looks forward to soliciting, receiv-
ing, and editing additional published articles on the above topics as well as any envi-
ronmental topic of interest.
Howard M. Tollin
Editor-in-Chief
Environmental Claims Journal
htollin@sterlingrisk.com
About the editor
Mr. Tollin is Executive Vice President of SterlingRisk and President of Sterling Envi-
ronmental & Professional Services. He is responsible for consulting, risk manage-
ment, and brokerage services on accounts involving environmental or professional
liability exposures, which includes commercial real estate, manufacturers, gas sta-
tions, contractors, and development projects. Mr. Tollin works with clients and their
counsel on using risk-management solutions to facilitate property and corporate
M&A transactions. He is the current Treasurer of the New York State Bar Associa-
tion Environmental Section and will become its Vice-Chair in June 2018.
 Id.