Environmental Issues

Your Need for Professional Liability Lawyers Insurance

Any attorney worth his or her salt will tell you that in order to adequately protect your career as an attorney you need Professional Liability Lawyers insurance. You’re probably not going to hear about the increasing number of civil lawsuits that attorneys get entangled in because these types of incidents just aren’t newsworthy, but the risk of financial and professional ruin for many is a stark reality. The best protection available is some form of professional liability coverage.

As an attorney, you face the possibility of a malpractice lawsuit arising from any number of issues, including errors and omissions, failure to meet your client expectations, and – this happens more often than you might think – attempts by clients to recoup financial losses.

Even when unfounded, as can often be the case, a defense or settlement of a lawsuit will generally cause a great amount of distraction to you and your firm. This can have a major impact, as it is likely to reduce billable time, expose personal assets to risk, and will often create financial hardship.

Determining exactly how much coverage is needed

Professional liability coverage often comes with two liability limits (split limits). The per-claim limit is the maximum coverage you will have for any single claim in the policy period. The aggregate limit is the maximum coverage you’ll have for all claims covered in the policy period.

Litigation is expensive. Some policies can include a claims expense allowance, which is in addition to the liability limits. “Claims expense” means fees charged by any attorney designated by the malpractice carrier to represent you in a claim and all other fees, costs and expenses resulting from the investigation, adjustment, defense, repair and appeal of a claim, if incurred by the malpractice carrier.

Insurance needs differ for everyone, and this includes attorneys. You’re going to need to consider things like professional liability limits, deductibles, extra claim expenses, privacy breach coverage, prior acts coverage, perhaps even directors and officers coverage, where this may apply.

No one wants to risk their practice and their reputation because of an error or mistake that lands them in the middle of a lawsuit. Professional Liability Lawyers coverage will quite possibly be the best investment your firm will ever make.

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A Look at the Exxon Valdez Oil Spill: Any Lessons Learned?

The 1989 Exxon Valdez disaster in Alaska was the nation’s largest oil spill in our history – before the Deepwater Horizon oil spill 21 years later that devastated the Gulf of Mexico. It was on March 24, 1989 when the 987-foot tanker, which was carrying 53 million gallons of crude, struck Bligh Reef, off the Coast of Bligh Island in Prince William Sound. Within hours, it unleashed an estimated 11 million gallons of thick, toxic crude oil into the water. Storms and currents then smeared it over 1,300 miles of shoreline. This oil spill is seared into the memories of a generation of people with images of sea otters, herrings and birds soaked in oil and workers washing crude off the rugged beaches.

Complacency and a lack of responsiveness by the government and the oil industry were major issues at the time that made a bad situation even worse. There had been safe shipments over a dozen years. So when the Exxon Valdez struck Bligh Reef, the protocols needed to effectively address the spill were not undertaken. In fact, when the tanker ran aground the spill response equipment was buried under snow. At that time, Alyeska Pipeline Service Co. had 13 oil skimmers, five miles of boom and storage capacity for 220,000 gallons of spilled oil. Today, because of that spill, the company has 108 skimmers, 49 miles of boom and on-water storage capacity of almost 38 million gallons. Additionally, nearly 400 local fishing boat owners are trained to deploy and maintain boom. That’s the good news.

However, in a recent article in the Washington Post byFrances Beinecke, president of the Natural Resources Defense Council, and member of the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling, there are still serious issues. Many lessons from the Exxon Valdez oil spill indeed had not been applied, and the country once again struggles with an industry ill-prepared to respond. According to Beinecke, the oil industry is still using the same ineffective technology to clean up oil in water as it was 25 years ago. Beinecke says that when the Deepwater Horizon spill occurred, the oil industry showed up with the same tools: containment booms and dispersants. “Companies spent billions of dollars to advance drilling technology but only a fraction on cleanup research. They had nothing new to offer. And those booms managed to pick up just 3 percent of the oil spilled in the Gulf,” the article states.

We’ve also learned because of Exxon Valdez that the chronic effects of oil in the environment persist for decades. According to scientists, most of the species have recovered but it took 24 years. What’s more, some wildlife along with some of those living in the region is still struggling. For example, the salmon are back and the shrimp are slowly coming back. Pacific herring have reached only 15 percent of pre-spill levels, gutting what was once a $12 million fishery in Prince William Sound. And while one pod of orca whales hit hard by the spill is recovering slowly, the other is headed for demise.

Has the government done anything to strengthen safeguards for offshore drilling and protect our environment and wildlife? One year after the Exxon Valdez spill, Congress passed the Oil Pollution Act (OPA) and generated important improvements in tanker safety. The OPA was enacted to improve the nation’s ability to prevent and respond to oil spills by establishing provisions that expand the federal government’s ability, and provide the money and resources necessary, to respond to oil spills. The OPA also created the national Oil Spill Liability Trust Fund, which is available to provide up to one billion dollars per spill incident. Yet after the Deepwater Horizon oil spill in the Gulf of Mexico, Congress still hasn’t passed any new legislation.  What are we waiting for?


photo credit: Kris Krug cc
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Reversing Pollution Damage to Our Land

Pollution is everywhere – in our air, water and land – and stems from various sources. Land pollution specifically is caused by the dumping of waste and garbage and the introduction of toxins into the environment. Acid rain, the spreading of water pollution to surrounding beaches and riverbanks, litter and even new construction sites can all be sources of land pollution.

Some of the effects that land pollution leaves behind are obvious ones, such as gross piles of garbage, landfills and loss of environments surrounding new construction. Others aren’t quite in your face and have even worse effects on our environment. For example, one of the biggest threats to the eco-system caused by land pollution is chemical contamination. This includes plastics and toxins in wastes like anti-freeze and other chemicals that seep into the ground where they settle. In addition, modern-day chemicals and materials either aren’t biodegradable or break down, or if they do, they break down into smaller chemical particles, which end up poisoning the ground. These chemicals affect the plants in the ground, the animals eating them, and even humans. This can lead to the loss of some types of plant and animal life as well as create long-term health problems such as cancer in humans.

What can we do to help reverse land pollution and preserve our environment for future generations? First, we need to move toward a greener society, shift our thinking and adopt environmentally friendly measures. That means recycling and reusing items such as clothing, bottles, wrapping paper and shopping bags over and over again, rather than buying new things. It also means buying products with minimal packaging, purchasing organic food, eliminating the use of plastic products, reducing general household waste and establishing a composting system stations, and using biodegradable household products.

We also have to ask corporations to do more and find solutions and alternatives to their practices. This involves leveraging alternatives for the application of herbicides and use of pesticides and insecticides, which contaminate our soil. It also means finding solutions to inappropriate disposal of garbage and urban over-development. Other practices that need to stop in order to curb land pollution is the dangerous disposal of harmful toxic wastes, including the careless dumping of waste oil from cars and potentially dangerous dumping of radioactive by-products from nuclear energy plants.

Our land is our home passed down from one generation to the next. But it’s in jeopardy from contamination due to excessive dumping and reuse. We need to do all we can to reverse this trend.


photo credit: johnb/Derbys/UK. cc
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