Erica E. McCabe, Alexander E. Potente, Angela Probasco
{"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}
{"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}
{"title":"WILDLIFE CATEGORIZED as “VERMIN”: Analysis of the Wildlife Management Practices in the USA and Its Ecological Implications on Natural Ecosystems","authors":"S. Ramdas","doi":"10.1080/10406026.2020.1851928","DOIUrl":"https://doi.org/10.1080/10406026.2020.1851928","url":null,"abstract":"Abstract This article emphasizes that contrary to widespread belief, indiscriminate hunting is neither a preventative nor a remedial method in reducing man–animal conflict situations. It highlights that hunting wildlife is not a sustainable or even a sound solution to man–animal conflict situations; mainly the article analyses the misaligned role played by the US regulatory bodies who seem to have lost touch with their respective statutory enactments’ principles and ideological goals. Like addressing the need for mitigating man–animal conflict situations without compromising on wildlife conservation and nature preservation.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"33 1","pages":"251 - 278"},"PeriodicalIF":0.0,"publicationDate":"2020-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2020.1851928","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43788874","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}
{"title":"How Trees Get Standing: An Incremental Approach to Rights of Nature Advocacy","authors":"Joel Beacher","doi":"10.1080/10406026.2020.1849176","DOIUrl":"https://doi.org/10.1080/10406026.2020.1849176","url":null,"abstract":"Abstract The rights of nature advocacy movement has gained traction internationally, but has not grabbed hold in the United States on a national level. Though it has found success locally, a different, more measured, incremental approach may be more effective if rights of nature advocates are to see their policies implemented on a bigger scale in the US. Focusing on small steps, and building momentum from the ground up, may be the most feasible path for rights of nature to become a part of our legal framework.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"33 1","pages":"91 - 107"},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2020.1849176","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46377023","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}
{"title":"Eco-Activism: Youth and Climate Justice in South Africa","authors":"B. Nkrumah","doi":"10.1080/10406026.2020.1858599","DOIUrl":"https://doi.org/10.1080/10406026.2020.1858599","url":null,"abstract":"Abstract Since the 1992 Rio Earth Summit, there has been a surging network of climate youth movement (CYM) calling for an end to environmental injustice. In South Africa, while a handful have taken on the reins of climate activism, many remain nonchalant or the few outspoken ones face a greater hurdle of alienation from decision-making processes. To this end, the article draws from existing literature and surveys how young South Africans could mobilize themselves into CYM in order to reshape, reclaim and reconstruct their future in a changing environment.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"33 1","pages":"328 - 350"},"PeriodicalIF":0.0,"publicationDate":"2020-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2020.1858599","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44517217","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}
Zuairia Binte Jashim, Shahid Akhtar Hossain, Mohammad Enayet Hossain, Md. Mominul Islam, Jahan E-Gulshan, M. Nurul Huda
{"title":"Effects of Air Borne Particulate Matter on the Plants Grown in Different Areas of Dhaka Mega City, Bangladesh: An Air Pollution Tolerance Study","authors":"Zuairia Binte Jashim, Shahid Akhtar Hossain, Mohammad Enayet Hossain, Md. Mominul Islam, Jahan E-Gulshan, M. Nurul Huda","doi":"10.1080/10406026.2020.1858606","DOIUrl":"https://doi.org/10.1080/10406026.2020.1858606","url":null,"abstract":"Abstract Air Pollution Tolerance Index (APTI) was used to assess four plant species, namely Mangifera indica, Artocarpus heterophyllus, Psidium guajava and Sweitenia mahagoni for their response toward air pollution in Dhaka city. Leaf samples of the plant species were analyzed for their physicochemical and biochemical attributes, including relative water content, leaf extract pH, ascorbic acid content and chlorophyll content. APTI values of all the plant species were found to be sensitive with respect to air pollution. Our results indicate that the studied plant species are not suitable for mitigating air pollution and should not be considered for urban roadside plantation. Supplemental data for this article can be accessed at https://doi.org/10.1080/10406026.2020.1858606.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"33 1","pages":"351 - 370"},"PeriodicalIF":0.0,"publicationDate":"2020-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2020.1858606","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45393226","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}
{"title":"Exploring the Scope of Green Investment in the Coal Sector of India and Its Efficacy on Indian Economy","authors":"Yash Gajjar","doi":"10.1080/10406026.2020.1851489","DOIUrl":"https://doi.org/10.1080/10406026.2020.1851489","url":null,"abstract":"Abstract A significant change in the operation of the Indian coal sector is necessary and important for the fulfillment of the future power demands of the country. A review of research studies, articles and literature suggests a varied scope of green investment in the Indian coal sector is required to achieve opportunities for investors to the coal sector and overall efficacy of these investments on the Indian economy. A systematic review is performed considering the PRISMA tool for preferred reporting items for systematic reviews and meta-analysis of the e-database from science direct and google scholar. The studies taken into review include (n = 43) studies from science direct and (n = 19) studies from google scholar. The result from the review suggests three technological alternatives for the green investment and the efficacy of these investments on Indian economy is positive.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"33 1","pages":"279 - 303"},"PeriodicalIF":0.0,"publicationDate":"2020-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2020.1851489","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48627516","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}
{"title":"Handling “Space Debris” under the International Space Treaties Regime: Case Studies Analysis","authors":"Chen M. Zaefen","doi":"10.1080/10406026.2020.1843291","DOIUrl":"https://doi.org/10.1080/10406026.2020.1843291","url":null,"abstract":"Abstract A fundamental risk for any space mission is a collision with \"space debris\" – nonfunctioning artificial objects that keep in orbit around Earth. Besides collisions that may prove fatal to individual space missions, scientists fear a space debris chain reaction that, if triggered, might preclude most space activities for decades. The current international legal regime that governs space was designed mostly during the Cold War. Using four notable incidents where space activities generated pollution as case studies, this article highlights the current regime’s major problems, most notably that it creates market failures. The article then suggests guidelines for designing a new legal framework that tackles it.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"33 1","pages":"194 - 220"},"PeriodicalIF":0.0,"publicationDate":"2020-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2020.1843291","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48430879","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}
{"title":"What’s Green and Has Thousands of Locations? How Franchisors Can Pursue “Green Initiatives”","authors":"A. Sun","doi":"10.1080/10406026.2020.1846912","DOIUrl":"https://doi.org/10.1080/10406026.2020.1846912","url":null,"abstract":"Abstract This article aims to serve as a “starter’s guide” for franchisors who might be interested in pursuing environmentally friendly franchise-wide initiatives and explores the legal considerations that franchisors must address in order to pursue these initiatives. This article also advises franchisors on potential sources of litigation that may arise from these “Green Initiatives” and how to prepare for them.","PeriodicalId":11761,"journal":{"name":"Environmental Claims Journal","volume":"33 1","pages":"221 - 250"},"PeriodicalIF":0.0,"publicationDate":"2020-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10406026.2020.1846912","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49342470","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}