The Pollution exclusion should not apply. Pollution by definition, is an action which happens, afterwards, to a substance that was originally in a pure, non-polluted state. The material mined by the Chinese had always had hydrogen sulfide in it. It was always in that state for for millions of years. Therefore, long before it was ever mined, it was impure. For pollution to have occurred, it would have had to have been mined in a pure state and then afterwards, have had a pollutant introduced. The logic the court used does not follow if-then propositional logic and overlooks the multi-millennium, eternalnality of the Hydrogen Sulfide found in the drywall. Pollution never occurred. Not at least insofar as human history is concerned. This much is a geological fact.
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The Pollution exclusion should not apply. Pollution by definition, is an action which happens, afterwards, to a substance that was originally in a pure, non-polluted state. The material mined by the Chinese had always had hydrogen sulfide in it. It was always in that state for for millions of years. Therefore, long before it was ever mined, it was impure. For pollution to have occurred, it would have had to have been mined in a pure state and then afterwards, have had a pollutant introduced. The logic the court used does not follow if-then propositional logic and overlooks the multi-millennium, eternalnality of the Hydrogen Sulfide found in the drywall. Pollution never occurred. Not at least insofar as human history is concerned. This much is a geological fact.