Who gains from saving nature
Ledger 1 : 33 — For each dollar financing nature-based solutions in 2023, about $33 financed activities harmful to nature. (UNEP)
Cases / Chemical pollution · United States · 1980–1995

Love Canal (New York)

Nature's voice · report
No measurement of the harm done to me here is on record.
Did nature suffer? Not measured.
Not on record
  • The record does not name which of my species, waters, soils or forests were harmed.
What the record lacks: 2 none on record · 1 not measured · 1 disputed · 2 unclear See the gaps

Insurers of Hooker, later part of the Occidental group, went to court over Love Canal coverage from 1980. A federal court found Hooker negligent but not reckless in 1994, and Occidental paid New York State in 1994 and the US government $129 million in 1995.

$129 millionPaid by Occidental to the US government in 1995
Settlement. New York State was paid $98 million in 1994; another source gives $120 million.

Status As of the latest dated item in the record (2017): payments by Occidental to New York State (1994) and the US government (1995) are recorded; no decision in the insurers' actions against Occidental/Hooker has been found.

What?
Insurers of Hooker litigated Love Canal coverage from 1980; a federal court found Hooker negligent but not reckless in 1994; Occidental paid New York State in 1994 and the US government $129 million in 1995.
Where?
Love Canal, New York, United States; coverage actions in Niagara County and the Western District of New York.
When?
Proceedings from 1980 to 1995; related insurance ruling 31 May 2017.
Who?
Gained
None on record
Lost
  • Occidental (OxyChem, Hooker) — Paid New York State $98 million in 1994 (another source: $120 million) and the US government $129 million in 1995. US Department of Justice
Harmed
None on record
Why?
Not described in the verified record.
How?
Not described in the verified record.
6 of 6 questions answered from the record

What happened

The record, in order.

The research file records proceedings connected with Love Canal, New York, in which the company concerned was Hooker, also referred to in the sources as OxyChem and as Occidental.

Insurers of Hooker, including Lloyd's as primary insurers, Argonaut and excess carriers, filed declaratory-judgment actions against Occidental. One of them, Argonaut Insurance v. Occidental Petroleum (106 Misc. 2d 5, New York Supreme Court, Niagara County, 28 July 1980), was a ruling on forum and a stay. The final outcome of these actions was not found.

In United States v. Hooker (850 F. Supp. 993, W.D.N.Y., 17 March 1994), the court found Hooker negligent but not reckless, so no punitive damages, as summarised from a UPI report. OxyChem paid New York State $98 million in 1994; another source gives $120 million. It paid the United States $129 million in 1995 in a settlement announced by the US Department of Justice in December 1995.

A related insurance case reached the Second Circuit on 31 May 2017. In Cincinnati Insurance v. Roy's Plumbing, a plumber's work disturbed Love Canal sediment; the pollution exclusion in the policy barred defence and indemnity, and the insurer won.

  1. 198028 July: Argonaut Insurance v. Occidental Petroleum, forum and stay ruling, New York Supreme Court, Niagara County
  2. 199417 March: US v. Hooker, Hooker found negligent but not reckless, no punitive damages; Occidental pays New York State $98m (another source: $120m)
  3. 1995December: Occidental agrees to pay the US government $129 million
  4. 201731 May: Second Circuit rules the pollution exclusion bars defence and indemnity in Cincinnati Insurance v. Roy's Plumbing

How it looked

What was shown, beside what was recorded.

Shown

    Recorded

    • Insurers, including Lloyd's (as primary insurers), Argonaut and excess carriers, filed declaratory-judgment actions against Occidental/Hooker; Argonaut Ins. v. Occidental Petroleum, 106 Misc. 2d 5 (N.Y. Sup. Ct. Niagara Co., 28 July 1980), was a forum and stay ruling (citation only).
    • No decision in the insurers' actions against Occidental/Hooker has been found.
    • In US v. Hooker, 850 F. Supp. 993 (W.D.N.Y., 17 March 1994), Hooker was found negligent but not reckless, so no punitive damages (as reported by UPI).
    • OxyChem paid New York State $98 million in 1994 (another source: $120 million) and the United States $129 million in 1995.
    • US Department of Justice release: Occidental to pay $129 million in Love Canal settlement (December 1995).
      US Department of Justice
    • Cincinnati Insurance v. Roy's Plumbing (2d Cir., 31 May 2017): the pollution exclusion barred defence and indemnity for a plumber whose work disturbed Love Canal sediment; the insurer won.
      RT Specialty

    In court and with insurers

    Every proceeding and every insurer decision on record.

    Lawsuits and rulings

    1. 1980-07-28 (forum and stay ruling)Outcome not on record
      Argonaut Insurance v. Occidental Petroleum, 106 Misc. 2d 5
      New York Supreme Court, Niagara County · Civil · Insurers, including Lloyd's, Argonaut and excess carriers → Occidental Petroleum (Hooker)

      Declaratory-judgment actions filed by Hooker's insurers; the cited decision was a ruling on forum and a stay. The final outcome was not found.

    2. 1994-03-17Outcome not on record
      United States v. Hooker, 850 F. Supp. 993
      US District Court, Western District of New York · Civil · United States → Hooker

      The court found Hooker negligent but not reckless, so no punitive damages, as reported by UPI. OxyChem paid New York State $98 million in 1994 (another source: $120 million).

    3. 1995-12Settled$129000bn $129 million
      Occidental settlement with the United States
      United States federal government (Department of Justice) · Civil · United States → Occidental

      Occidental agreed to pay the US government $129 million in a Love Canal settlement. US Department of Justice

    4. 2017-05-31Claimant won
      Cincinnati Insurance v. Roy's Plumbing (related case)
      US Court of Appeals, Second Circuit · Civil · Cincinnati Insurance → Roy's Plumbing

      A plumber's work disturbed Love Canal sediment. The court held that the policy's pollution exclusion barred defence and indemnity; the insurer won. RT Specialty

    Insurers

    1. 1980In litigation
      Lloyd's (primary insurers), Argonaut and excess carriers → Hooker / Occidental

      The insurers filed declaratory-judgment actions against Occidental/Hooker; Argonaut Ins. v. Occidental Petroleum (N.Y. Sup. Ct. Niagara Co., 28 July 1980) was a forum and stay ruling. No decision in the insurer-versus-insured dispute has been found.

    2. 2017Cover declined
      Cincinnati Insurance → Roy's Plumbing

      A plumber's work disturbed Love Canal sediment. The Second Circuit held that the pollution exclusion barred defence and indemnity; the insurer won. RT Specialty

    What nature saw

    Outcomes measured on the ground, and nature's note.

    Nature's report opens this page. Below: further outcomes measured on the ground.

    Paid to the US government
    $129 million
    Settlement, 1995
    Paid to New York State
    $98 million
    1994; another source gives $120 million
    Punitive damages
    None
    Hooker found negligent but not reckless, US v. Hooker, 1994

    What we don't know

    Undisclosed, unproven, untried: recorded as data.
    Court ruling exists

    Nature

    • Not measured Harm to nature: The record holds no measurement of harm to nature.

    Court

    • Unclear Argonaut Insurance v. Occidental Petroleum, 106 Misc. 2d 5: outcome not on record.
    • Unclear United States v. Hooker, 850 F. Supp. 993: outcome not on record.

    Record

    • None on record No decision in the insurers' actions against Occidental/Hooker has been found.
    • None on record The final outcome of the declaratory-judgment actions filed from 1980 was not found.
    • Disputed Sources differ on the amount Occidental paid New York State in 1994: $98 million or $120 million.

    Did the harm stop?

    Who paid?

    Occidental (OxyChem) paid New York State $98 million in 1994 (another source: $120 million) and the US government $129 million in 1995.

    Sources

    Voices on record: — Company or project✓ Government and regulators— Courts✓ Press and investigations— Communities and civil society— Researchers

    Government and regulators

    Press and investigations

    Connected cases

    Related matters, and cases linked to this one through the same organisations, with the role each played in both.
    Terms used on this page

    Law and courts

    Negligence and gross negligence
    Negligence is a failure to take reasonable care. Gross negligence is a serious, reckless failure; under US oil-spill law a finding of gross negligence raises the maximum penalty.
    Punitive damages
    Money a court orders a defendant to pay to punish especially reckless conduct, on top of compensation for losses. Mainly used in US courts.

    Insurance

    Hull insurance
    Insurance on a ship itself, covering damage to or loss of the vessel.
    Pollution exclusion
    A clause in a liability policy that excludes damage caused by pollution from cover.
    Underwriter
    An insurer, or a person at an insurer, who assesses a risk and decides whether and on what terms to insure it.
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