Environmental Obligations

We have reserves for potential environmental obligations which management considers probable and which management can reasonably estimate. The table below is a roll forward of our total environmental reserves, continuing and discontinued:



(in Millions)	Gross			Recoveries ⁽³⁾			Net
Total environmental reserves at December 31, 2017	$	432.1		$	(13.9	)	$	418.2
Provision (Benefit)	6.3			—			6.3
(Spending) Recoveries	(6.5		)	—			(6.5		)
Foreign currency translation adjustments	2.4			—			2.4
Net change	$	2.2		$	—		$	2.2
Total environmental reserves at March 31, 2018	$	434.3		$	(13.9	)	$	420.4

Environmental reserves, current ⁽¹⁾	$	85.0		$	(1.6	)	$	83.4
Environmental reserves, long-term ⁽²⁾	349.3			(12.3		)	337.0
Total environmental reserves at March 31, 2018	$	434.3		$	(13.9	)	$	420.4

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(1)	These amounts are included within "Accrued and other liabilities" on the condensed consolidated balance sheets.


(2)	These amounts are included in "Environmental liabilities, continuing and discontinued" on the condensed consolidated balance sheets.


(3)	These recorded recoveries represent probable realization of claims against U.S. government agencies and are recorded as an offset to our environmental reserves in the condensed consolidated balance sheets.

The estimated reasonably possible environmental loss contingencies, net of expected recoveries, exceed amounts accrued by approximately $200 million at March 31, 2018. This reasonably possible estimate is based upon information available as of the date of the filing but the actual future losses may be higher given the uncertainties regarding the status of laws, regulations, enforcement policies, the impact of potentially responsible parties, technology and information related to individual sites. Potential environmental obligations that have not been reserved may be material to any one quarter's or year's results of operations in the future. However, we believe any such liability arising from such potential environmental obligations is not likely to have a material adverse effect on our liquidity or financial condition as it may be satisfied over many years.

The table below provides a roll forward of our environmental recoveries representing probable realization of claims against insurance carriers and other third parties. These recoveries are recorded as "Other assets including long-term receivables, net" in the condensed consolidated balance sheets.



(in Millions)	12/31/2017		Increase in recoveries	Cash received		3/31/2018
Environmental recoveries	$	32.3	—	(0.8	)	$	31.5

Our net environmental provisions relate to costs for the continued cleanup of both continuing and discontinued manufacturing operations from previous years. The net provisions are comprised as follows:



	Three Months Ended March 31,
(in Millions)	2018		2017
Environmental provisions, net - recorded to liabilities ⁽¹⁾	$	6.3	$	6.1
Environmental provisions, net - recorded to assets ⁽²⁾	—		—
Environmental provision, net	$	6.3	$	6.1

Continuing operations ⁽³⁾	$	2.6	$	3.8
Discontinued operations ⁽⁴⁾	3.7		2.3
Environmental provision, net	$	6.3	$	6.1

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(1)	See above roll forward of our total environmental reserves as presented on the condensed consolidated balance sheets.


(2)	See above roll forward of our total environmental recoveries as presented on the condensed consolidated balance sheets.


(3)	Recorded as a component of “Restructuring and other charges (income)” on the condensed consolidated statements of income (loss). See Note 9. Environmental obligations for continuing operations primarily represent obligations at shut down or abandoned facilities within businesses that do not meet the criteria for presentation as discontinued operations.


(4)	Recorded as a component of “Discontinued operations, net of income taxes" on the condensed consolidated statements of income (loss). See Note 11.

A more complete description of our environmental contingencies and the nature of our potential obligations are included in Notes 1 and 10 to our consolidated financial statements in our 2017 Form 10-K. See Note 10 to our consolidated financial statements in our 2017 Form 10-K for a description of significant updates to material environmental sites. There have been no significant updates since the information included in our 2017 Form 10-K other than the update provided below.

Middleport

Middleport Litigation

In the federal court action before the United States District Court for the Western District of New York, FMC responded to the Court’s dismissal of FMC’s action by filing a Motion to Vacate Judgment and For Leave to Amend Complaint on March 2, 2017. The purpose of this motion is to allow FMC to amend its Complaint to add a citizen’s suit under RCRA against the United States for the Environmental Protection Agency's ("EPA") failure to perform its non-discretionary duties under the 1991 Administrative Order on Consent ("AOC"). Simultaneously, FMC served the EPA with a 60-day notice letter, which is a procedural precursor to filing the citizen’s suit complaint.

Oral argument in the New York State Department of Environmental Conservation ("NYSDEC") appeal of the Appellate Division decision was held on March 21, 2018. On May 1, 2018, the Court issued its opinion reversing the Appellate Division’s decision and holding that NYSDEC has the authority to unilaterally spend state superfund money to cleanup sites.

Any additional impact to the reserves due to the Court of Appeals' decision is not reasonably estimable at this time. Our reserves continue to reflect amounts for this matter that are probable and reasonably estimable. However, we do not believe any additional impact will have a material effect on our consolidated financial position or liquidity.