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Environmental Obligations
6 Months Ended
Jun. 30, 2019
Environmental Remediation Obligations [Abstract]  
Environmental Obligations 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, 2018
$
529.4

 
$
(7.9
)
 
$
521.5

Provision (Benefit)
12.5

 

 
12.5

(Spending) Recoveries
(19.2
)
 

 
(19.2
)
Net change
$
(6.7
)
 
$

 
$
(6.7
)
Total environmental reserves at June 30, 2019
$
522.7

 
$
(7.9
)
 
$
514.8

 
 
 
 
 
 
Environmental reserves, current (1)
$
91.9

 
$
(1.1
)
 
$
90.8

Environmental reserves, long-term (2)
430.8

 
(6.8
)
 
424.0

Total environmental reserves at June 30, 2019
$
522.7

 
$
(7.9
)
 
$
514.8

____________________
(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 $190 million at June 30, 2019. 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)
12/31/2018
 
Increase in recoveries
 
Cash received
 
6/30/2019
Environmental recoveries
$
30.5

 
0.6

 
(1.0
)
 
$
30.1



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 June 30,
 
Six Months Ended June 30,
(in Millions)
2019
 
2018
 
2019
 
2018
Environmental provisions, net - recorded to liabilities (1)
$
10.0

 
$
6.8

 
$
12.5

 
$
13.0

Environmental provisions, net - recorded to assets (2)
(0.5
)
 

 
(0.6
)
 

Environmental provision, net
$
9.5

 
$
6.8

 
$
11.9

 
$
13.0

 
 
 
 
 
 
 
 
Continuing operations (3)
$
5.6

 
$
4.1

 
$
8.2

 
$
6.6

Discontinued operations (4)
3.9

 
2.7

 
3.7

 
6.4

Environmental provision, net
$
9.5

 
$
6.8

 
$
11.9

 
$
13.0


____________________
(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 10. 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 12.

A more complete description of our environmental contingencies and the nature of our potential obligations are included in Notes 1 and 11 to our consolidated financial statements in our 2018 Form 10-K. See Note 11 to our consolidated financial statements in our 2018 Form 10-K for a description of significant updates to material environmental sites. There have been no other significant updates since the information included in our 2018 Form 10-K other than the updates provided below.

Middleport
Effective June 6, 2019, FMC signed a new Order on Consent and Administrative Settlement with the New York State Department of Environmental Conservation (NYSDEC) related to the remediation of on-site and off-site areas impacted by discontinued operations at FMC’s site in Middleport, NY. The new Order on Consent also supplants the need for a separate Part 373 Permit, and as a result, the administrative action challenging the Part 373 Permit was dismissed. With United States Environmental Protection Agency’s (USEPA) approval, the 1991 AOC was terminated and replaced by the new Order on Consent. In connection with the settlement, FMC also dismissed its claims against the USEPA that were pending appeal before the United States Court of Appeals for the Second Circuit. The terms of the final agreement are consistent with our established reserve for Middleport and further adjustment is not considered necessary.

Pocatello

On May 17, 2019, oral arguments were held in the United States Court of Appeals for the Ninth Circuit on the matter of FMC vs. Shoshone-Bannock Tribes. At this time a decision has not been rendered by the court and we continue to maintain our position that we do not believe it is probable that we will incur a loss for this matter due to legal precedent established by the United States Supreme Court. We have estimated a reasonably possible loss for this matter and it has been reflected in our total reasonably possible loss estimate previously discussed within this Note.