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Growing Abuse Of The Absolute Pollution Exclusion

Law360 (February 10, 2011, 11:09 AM EST) -- Courts have struggled with the scope of the so-called absolute pollution exclusion since its inception in 1986. Two schools of thought have developed: Some courts limit its application to traditional environmental pollution, while others apply it to a much broader array of substances that may be considered hazardous or toxic.

In the latter group of states, the past year has seen a startling expansion of the application of the exclusion. These courts have held that the plain and broad language of the pollution exclusion covers releases...
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