The U.S. Environmental Protection Agency has determined that 13 Superfund sites were flooded and possibly damaged as a result of Hurricane Harvey. Refineries and chemical plants were reported to have been impacted by flooding, and it is not yet known how many smaller facilities that managed hazardous materials were damaged by the storms. As parties are faced with the aftermath of hazardous material releases caused by the hurricanes, whether the act of God defense applies may be among the first questions that come to mind.
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