Simpson Thacher Attorneys Author Law360 Article on Recent Decisions Applying Pollution Exclusions to EtO Emissions
Partner Bryce Friedman and Counsel Matthew Penny authored an article titled, “Emissions Permits May Not Override Pollution Exclusions,” which was published by Law360. The article analyzed two recent appellate decisions that each ruled that a pollution exclusion barred coverage for claims alleging harm caused by emissions of ethylene oxide gas, or EtO—notwithstanding policyholder arguments that the emissions were authorized by government permits. The article detailed how, taken together, the rulings suggest a recent trend among appellate courts not to imply an exception to the pollution exclusion for government-authorized pollution.
To read the full article, please click here.