Toxics Law Reporter Index-Summary

ACCUTANE

– Birth defects and mental health problems, Roche discontinues manufacture and distribution, 814
– Inflammatory bowel disease, defense evidence improperly restricted, $2.6M verdict vacated, new trial ordered (N.J. Super. Ct. App. Div.), 368
– Suicide, failure to warn, summary judgment for manufacturer proper under Wis. law (11th Cir.), 724

AGENT ORANGE

– Midland, Mich. plant dioxin cleanup, EPA, state, and Dow Chem. begin talks, 46; property value decline class action remanded (Mich.), 933; talks extended, 1045; tentative agreement reached, 1151; exposure study has limited value, EPA says, 1181
– Veteran claims against manufacturers barred by government contractor defense (U.S., rev den), 302

AGRICULTURE

– CAFOs

See CONCENTRATED ANIMAL FEEDING OPERATIONS (CAFOs)

– Contaminated ground water from oil production waste, energy firm must pay cotton grower $8.5M in trespass case (Cal. Super. Ct.), 748
– Dibromochloropropane (DBCP), occupational exposure and sterility

– – Cent. Am.banana farm workers may maintain separate suits to avoid removal under CAFA (C.D. Cal.), 366
– – Nicaraguan banana farm worker cases dismissed for fraud (Cal. Super. Ct.), 557
– – W. African pineapple and banana farm workers may maintain separate suits to avoid removal under CAFA (9th Cir.), 441; (U.S., rev den), 1170

– 1,2 dichloroethane contamination, farmer suit not time barred, summary judgment reversed (8th Cir.), 782
– Pesticides

See PESTICIDES

– Superfund, poultry operations, state claims phosphorous compounds contaminating waters are hazardous waste, sues Tyson and others for cleanup costs (N.D. Okla.), 378; injunction properly denied (10th Cir.), 633
– Triclosan, magnetic particle enzyme immunoassay is cheaper, faster test for antimicrobial disinfectant, Agric. Research Serv. says, 59

AIR POLLUTION

– Anaconda Mine, Nev. site, ARCO to pay $10.2M in cleanup and EPA costs, 562
– Asbestos

See ASBESTOS

– CAA

See CLEAN AIR ACT (CAA)

– Cadmium, manganese, and lead emissions, parents file class action alleging harm to children (Ind. Cir. Ct.), 440
– CAFOs, EPCRA animal waste emissions reporting, pork producer suit closed (W.D. Wis.), 945
– California

– – Greenhouse emissions, recent state legislation, litigation, and executive action, Analysis & Perspective, 681
– – Port clean-trucks program likely unconstitutional, remanded for injunction (9th Cir.), 422; preliminary injunction granted (C.D. Cal), In Brief, 590
– – San Joaquin Valley ozone rules, EPA sued for failure to timely set (N.D. Cal.), 43; EPA rejects one-hour standard attainment plan, 66; nonattainment areas may fine contributing sources, 67

– Clean Air Interstate Rule (CAIR) reinstated until new rule promulgated, earlier decision reversed (D.C. Cir.), 10; Senate roundtable discusses response, 567; EPA considers new standards, 848
– Cleanup

– – Ventilation, N.Y. inspection reveals need for increase to dissipate chemical contamination, In Brief, 386
– – Violation of regulations, R.I. governor signs law raising maximum fines, 822

– Coal

See COAL

– Dust

See DUST

– Enforcement, appropriations

See LEGISLATION, FEDERAL, HR 1105

– Hydrogen sulfide, Reactive Airways Dysfunction Syndrome (RADS), physician's differential diagnosis meets Daubert standards, gas plant denied summary judgment (D.N.D.), 89
– Kitchen cabinet manufacturing plant lacking permit to pay Pa. clean air fund $1.3M penalty, 383
– Management challenges of EPA, GAO report addresses, 350
– Mold

See MOLD

– Motor vehicle emissions tests, inspector pleads guilty to falsifying results (E.D. Mo.), 12; inspector sentenced in related case, 1133
– Natural gas compression station, landowners awarded $1.24M for noise and odor pollution (Tex. Dist. Ct.), 134
– New source review

See NEW SOURCE REVIEW

– Nitrogen dioxide, ambient air quality standards, EPA forgoes Bush administration rulemaking procedure, 279
– Outlook 2009, 106; 117; 118
– Overview of pending bills, chart, 1084
– Particulate matter standards

See PARTICULATES

– Pesticides, waste disposal, Brazilians sue U.S. companies (S.D. Ind.), 559
– Power plants

– – Coal-fired

See COAL

– – Eight-hour ozone standard, EPA sets hearing and extends comment period for proposed rule, 247
– – Emissions control

See LEGISLATION, FEDERAL, HR 1841

– RCRA comparable fuels rule, suit seeks to prevent burning of hazardous waste (D.C. Cir.), 420; withdrawal proposed, 1023
– Refineries

– – Explosion and hazardous substance release, insured owes separate event deductibles (S.D. Tex.), 1132
– – Total Petrochemicals settles 73 Tex. violations, 847

– Stationary engines, EPA proposes rule to reduce toxic emissions, 322
– Sulfuric acid manufacturer agrees to install controls, pay $2.4M file to settle charges (E.D. La.), 1179
– Vapor intrusion, ASTM VI Standard real estate proximity presumptions inappropriate, Analysis & Perspective, 768
– Violation of state law, notice not required (Mass. App. Ct.), 907
– Wind tower builder settles state charges (Wis. Cir. Ct.), In Brief, 850
– Wood preserving plant, Tex. agency orders fine, 566

AIR TRANSPORTATION

– CWA, Chevron and jet fuel tank farm to install controls at San Francisco Intl. Airport, 1203
– Love Field, Tex. cleanup, Aviall notice of liability waiver to neighboring site owners insufficient as opportunity to comment (N.D. Tex.), 377
– Superfund, South Valley, N.M. site, aircraft manufacturing plant groundwater contamination, Air Force and Dep't of Energy to pay $3.3M cleanup costs (D.N.M.), 754
– Workplace exposure

– – Aircraft fuel, pollution exclusion clause does not bar insurer coverage (Ohio Ct. App.), 729
– – Beryllium, Boeing workers properly denied class certification (Cal. Ct. App.), 1036

ALABAMA

– CAA, power plant particulate matter emissions, $1B pollution controls ordered, TVA plans appeal (W.D.N.C.), 675
– Drinking water, perfluorooctanoic acid (PFOA), EPA issues provisional advisories in counties but finds contaminants below concern level, 93
– Heparin and thrombocytemia (HIT syndrome), suit remanded (S.D. Ala.), 312
– Noxious odors and chemical emissions from paper plant, class claims dismissed (M.D. Ala.), 1041

ALASKA

– Clean Water Act (CWA)

– – Exxon Valdez oil spill, payments begin, interest and legal fees in dispute, 38; impact after 20 years, Special Report, 615; $500M postjudgment interest awarded (9th Cir.), 720; challenge to award rejected, 894; seafood processor appeal of award rejected, 1168
– – Gold mining, froth-flotation mills, regulatory jurisdiction over waste disputed (U.S., oral arg), 62; Army Corps permit upheld (judg rvs), 758; injunction lifted (9th Cir.), 844; U.S. Supreme Court Term, Review, 2008-2009, Analysis & Perspective, 1113
– – Prudhoe Bay oil spills, BP Exploration faces federal and state civil charges (D. Alaska, Alaska Super. Ct.), 479
– – Red Dog Mine, zinc effluent discharge, Teck Alaska to pay civil penalties, 1110
– – Rock Creek gold mine, storm water discharge claims settled (D. Alaska), 636
– – Wetlands, municipality seeks ruling that Army Corps of Eng'rs jurisdictional determination re proposed recreation area is final agency action (U.S., rev sought), 343; (rev den), 759

– Oil spills

– – Cruise ship, operator gets fine and probation (Alaska Super. Ct.), 589
– – Unalaska Island, IMC Shipping settles state civil claims, 589

ALUMINUM

– Clean Air Act (CAA)

– – Hazardous pollutants, EPA proposes emissions standards for small foundries, 101; final rule issued, 797
– – Southwire Co. processing plant to pay civil penalty for violations (W.D. Ky.), 906

– Toxic Substances and Disease Registry Agency announces toxicological profile updates, 185

AMMONIA

– CAA, explosion, chemical manufacturer to pay civil penalty and improve safety (W.D. Ky.), 1021
– CWA, anhydrous ammonia spills, Okla. pipeline company to pay $3.65M (D. Kan.), 998
– Discharge, Tyson to pay $2M for consent decree violations at Dakota City, Neb. plant (D. Neb.), 1020
– Disposal violations at W. Va. plant, Bayer CropScience agrees to pay $1M, 343; methomyl residue treater involved in unrelated fire lacked permit, 587
– Emissions, Tex. commission settles claims with refiners, oil, and cement firms, 998
– Spill, anti-preemption amendment to Federal Railroad Safety Act, railroads challenge (U.S., rev den), In Brief, 632

ANALYSIS & PERSPECTIVE

– Bisphenol-A (BPA), trends in science, regulation, legislation, and litigation, 517
– CERCLA discovery rule may allow stale derivative claims, 186
– Class actions

– – Certification, evidentiary standards changing balance of power, 1024
– – History and future predictions, 458
– – U.S. actions with foreign citizens, risk of redundant litigation, 1182

– Commercial chemicals regulation, overhaul likely, 1205
– Consumer Product Safety Improvement Act (CPSIA)

– – Heightened standards and increased enforcement power mark first anniversary, 1160
– – Phthalates in children's products, regulation difficult for CPSC and industry, 977
– – Scope, notification requirements, penalties, and safe harbor, 20

– CWA nutrient regulation in streams needs new approach, 910
– Endocrine Disruptor Screening Program (EDSP), EPA data policies, 800
– Expert witnesses, product safety and liability, requiring support of unpublished “clinical experience” causation evidence, 218
– Foreign manufacturers, limited liability for defective products harms U.S. consumers, 153
– Global warming, representing clients amidst scientific uncertainty, 389
– Greenhouse emissions

– – Cap-and-trade legislation, agency and judicial implications, 854
– – Coal, carbon capture and storage, 735
– – Recent Cal. legislation, litigation, and executive action, 681
– – Regulation under CAA §115, 425

– Hazardous materials exposure, expansion and limits of liability, 1136
– Hazardous waste cleanup, Site Remediation Reform Act privatizes N.J. oversight authority, 883
– International human rights, Alien Torts Statute expansion, 489
– Nanotechnology

– – Emerging technology, perception of risk will spawn litigation before actual harm is known, 73
– – Insurance coverage and exclusions, 570
– – Risk management considerations for manufacturers, insurers, and counsel, 326

– Preemption, prescription drug labeling, Wyeth v. Levine implications, 643; scope of limits, 1051
– Public nuisance, coal-fired power plants, North Carolina v. TVA case theory may prevail in other tort areas, 352
– Real estate, diminished property value claims and stigma damages

– – Expert calculation methodologies, 282
– – Trends and current market, 250

– Superfund

– – Liability apportionment after Burlington N. and Santa Fe Ry. Co., 711; reduced role of science in CERCLA, 826; cost apportionment by causation, 948; cleanup and settlement incentives decreased, 1002; divisibility defense, effect on use, 1075
– – Minimum contacts, joint and several liability, and due process, 545

– Toxic trespass, biomonitoring and environmental testing lead to ordinances and civil tort suits, 49
– U.S. Supreme Court Term, Review, 2008-2009, 1113
– Vapor intrusion, ASTM VI Standard real estate proximity presumptions inappropriate, 768

ANIMALS

– Fish kills

– – Anhydrous ammonia spills, Okla. pipeline company to pay $3.65M for CWA violations (D. Kan.), 998
– – Large industrial cooling water intake structures, technology to prevent, EPA may use cost to utilities as factor in CWA rules (U.S., rvs and rem), 451; U.S. Supreme Court Term, Review, 2008-2009, Analysis & Perspective, 1113

– Marine mammals and Navy sonar testing, U.S. Supreme Court Term, Review, 2008-2009, Analysis and Perspective, 1113
– Pig manure lagoons, husband of swine flu victim files discovery petition against Smithfield Foods (Tex. Dist. Ct.), 623
– Pork producers sue to block EPA rule requiring waste emissions reporting (D.C. Cir.), 144
– Poultry waste

– – Insured must help insurer pursue defense contribution (Minn. Ct. App.), 673
– – Okla. gets expedited appeal in suit against producers for alleged improper disposal creating Illinois River damage (10th Cir.), 95; phosphorous compounds contaminating waters, state sues Tyson and others for cleanup costs (N.D. Okla.), 378; injunction properly denied (10th Cir.), 633; monetary damages claims dismissed (N.D. Okla.), 903

– Tuna and mercury

See FOOD

– Veterinary medication, wrongful death of pet cats, owner loss not covered (Vt.), 626

ARBITRATION

– Class actions and waivers, ABA conference, agenda announced, 1065
– Legislative agenda, litigation reform, Outlook 2009, 70

ARIZONA

– CWA, rejection of water pollution discharge permit for copper mining company stands (U.S., rev den), 62

ARKANSAS

– Metoclopramide and tardive dyskinesia, brand-name manufacturers not liable for failure to warn generic equivalent user (W.D. Ark.), 661
– 1,2 dichloroethane contamination, farmer suit not time barred, summary judgment reversed (8th Cir.), 782

ARMED SERVICES

– Agent orange, veteran claims against manufacturers barred by government contractor defense (U.S., rev den), 302
– Asbestos

– – Mesothelioma

– – – Boiler repairs, Navy ship worker, inconsistent verdict warrants new trial (Cal. Ct. App.), 1100
– – – Civilian Navy employee's family awarded $2.35M, pretrial settlement limits recovery (Cal. Super. Ct.), 1194
– – – Gaskets and packing manufacturers of Navy ship parts have no duty to warn of hazardous products supplied by third parties (Cal. Ct. App.), 309
– – – Navy machinist awarded $2.9M (Cal. Super. Ct.), 622
– – – Navy workers get $14M award (Pa. Ct. C.P.), 560
– – – Packing and insulation in replacement Navy ship parts, makers may be liable (Cal. Ct. App.), 1147
– – – Valve manufacturers for Navy vessels settle for $3.2M (Cal. Super. Ct.), 303

– – Navy shipworker exposure, military contractor defense prevents remand (D. Conn.), 893
– – Spanish workers on U.S. warships, transfer to Spanish court rejected (Del. Super. Ct.), 723
– – Superfund, Army demolition contract, property value decrease not recoverable response cost (W.D. La.), 450
– – Workplace exposure, civilian boiler worker on Navy ship, $2.66M award upheld, punitive damages proper (Cal. Ct. App.), 1101

– Beryllium exposure, defense contractor lab worker suit may proceed (1st Cir.), 1035
– Carbon tetrachloride, discretionary function exception to FTCA bars suit against Army for ground water contamination (N.D. Cal.), 198
– Chemical weapons destruction at Army facility, federal law preempts state effort to impose deadline (D. Colo.), 1154
– CWA, wetlands, municipality seeks ruling that Army Corps of Eng'rs jurisdictional determination re proposed Alaska recreation area is final agency action (U.S., rev sought), 343; (rev den), 759
– Double-hull oil tankers, Coast Guard has discretion re coastwise endorsement (4th Cir.), 1022
– Hazardous waste burning and illnesses, Iraq and Afghanistan veterans sue Halliburton and KBR (N.D. Okla.), 893; Senate committee probes hexavalent chromium and sodium dichromate exposure in Iraq, 940
– Navy sonar testing and marine mammals, U.S. Supreme Court Term, Review, 2008-2009, Analysis and Perspective, 1113
– RCRA, Fort Meade, Md. sues to enforce Army cleanup order (D. Md.), 13
– Single-hull oil carriers, Coast Guard drops rule on leak-detecting devices, 48
– Superfund

– – Army to sign federal facilities agreement for Ft. Meade, Md. cleanup, 538; interagency agreement signed, 755
– – Griffiss Air Force Base, N.Y. removed from National Priorities List, 483
– – McGuire Air Force Base, N.J., nickel, mercury, and other contaminants, federal facility cleanup agreement signed, 1131
– – Ordnance plant cleanup, Army Corps of Eng'rs to pay $2.6M to Iowa town and John Deere Corp., 181
– – Polychlorinated biphenyls (PCBs), U.S. has no arranger liability re Navy ship sale (D. Md.), 607
– – South Valley, N.M. site, aircraft manufacturing plant groundwater contamination, Air Force and Dep't of Energy to pay $3.3M cleanup costs (D.N.M.), 754
– – World War II sites

– – – Aviation fuel manufacturing, U.S. to pay $84M to oil firms for cleanup (Fed. Cl.), 508
– – – Chemical weapons testing, pre-enforcement review bar blocks landowner suit against DOD for cleanup (U.S., rev den), 450

– Trichloroethylene (TCE), military family alleges dumping not discretionary act immune under FTCA (U.S., rev sought), 174; (rev den), 698; exposure information limited, report says, 727

ARSENIC

– Ash contamination, school board property falls under pollution exclusion clause (M.D. Fla.), 969
– Mining contaminant release, ASARCO $1.1B settlement approved (Bankr. S.D. Texas), 731
– Oil and gas chemical exposure and cancer, notice requirement in pollution exclusion buy back clause properly upheld (Cal. Ct. App.), 820
– Resource Conservation and Recovery Act (RCRA)

– – Contaminated drums, state law conspiracy suit remanded (N.D. Ill.), 586
– – Riverside County, Cal., solid waste disposal facility on tribal land, $45.1M award against operator upheld (9th Cir.), 1070

– Smelter waste contamination, state-led cleanup no bar to challenge, suit remanded under CAFA (W.D. Okla.), 585; remand proper (10th Cir.), 1060
– Superfund, Landia Chemical, Fla. site, $8.5M settlement approved (M.D. Fla.), 1069

ASBESTOS

– Abandonment of boiler in sale of building, buyer appeals disposal ruling (U.S., rev sought), 344; seller not liable (rev den), 537
– Anaconda Mine, Nev. site, ARCO to pay $10.2M in cleanup and EPA costs, 562
– Armed services

See ARMED SERVICES

– CAA

See CLEAN AIR ACT (CAA)

– Chrysotile contamination, Vermont Asbestos Group Mine site, former owner to pay $25.6M for cleanup (Bankr. D.N.J.), 817
– Duty to warn, property owners without actual knowledge lack re independent construction contractor (Ky.), 174
– Family exposure from work clothes

– – Companies owe no duty of care to families of employees (Del.), 334
– – Dusty clothes of uncles, suit may proceed based on family and coworker testimony re interaction (M.D. La.), 1126
– – Father's dust-laden clothes, foreseeable bystander injuries at time of occurrence required to sustain suit (6th Cir.), 175
– – Premises liability claim dismissed (Ill. App. Ct.), 722
– – Property owner, Ohio law limiting liability bars wife's laundry exposure suit (Ohio Ct. App.), 233

– Handling and notification violations, salvage and demolition firm owner pleads guilty (E.D. Tenn.), 1179
– Insurance

– – Arbitration clause, insurer for insulation installer may seek enforcement despite prior ruling (3rd Cir.), 844
– – Bankruptcy bar, Travelers requests application to direct actions as insurer of Johns-Manville (U.S., oral arg), 442; actions barred (rvs and rem), 746
– – Direct action against knowledgeable companies, Outlook 2009, 102
– – Personal injury suit re repeated exposure, insurer must pay defense and indemnity to each claimant (Wis.), 172

– Mesothelioma

– – Causation, medical evidence, Okla. governor signs reform bill, 663
– – Packing and insulation in replacement Navy ship parts, makers may be liable (Cal. Ct. App.), 1147

– Pipeline removal site contamination, easement and property owner class decertified and remanded (Colo. Ct. App.), 895
– Premises liability, exposure, changing limits, Analysis & Perspective, 1136
– Railroads

See RAILROADS

– Removal

– – Developer to pay civil penalty (Iowa Dist. Ct.), 611
– – Remodeler indicted re employee exposure and improper waste disposal (Colo. Dist. Ct.), 16

– Strict liability framework stands, appeal dismissed (Pa.), 784
– Toy fingerprint kits, class settlement proposed (Cal. Super. Ct.), 814
– Whistleblowers, Smithsonian lighting installer with asbestosis files Office of Special Counsel complaint for coverup and retaliation, 411
– Workplace exposure

– – Law revision requiring medical proof applied retroactively to preclude widow's lung disease suit (Ohio Ct. App.), 58
– – Mesothelioma

– – – Brake linings, seller not strictly liable, negligence claims may proceed (Wis. Ct. App.), 600
– – – Civilian Navy employee's family awarded $2.35M, pretrial settlement limits recovery (Cal. Super. Ct.), 1194
– – – Death rates rise, NIOSH study finds, 582
– – – Direct evidence not needed to survive summary judgment under Wash. law (W.D. Wash.), 1014
– – – Expert causation testimony reliable (Del. Super. Ct.), 530; $2M verdict affirmed (Del.), 1034
– – – Exposure evidence lacking, $8M jury award set aside, new trial ordered (N.D. Ohio), 470
– – – Failure to warn, $4.6M award remanded (Cal. Ct. App.), 533
– – – New trial granted, court must give reason for setting aside verdict (Tex.), 810
– – – Pipefitter, liability release bars wrongful death suit, summary judgment proper (Tex. Ct. App.), 1038
– – – Workers' compensation law does not bar pre-1975 claims (La.), 657

– – Other exposure evidence improperly barred, new trial ordered (Ill.), 556
– – Paper mill workers, jury award proper (N.J. Super. Ct.), 988
– – Personal injury and loss of consortium, total amount of prejudgment interest may not be collected from each defendant (Cal. Ct. App.), 470
– – Shipworker and insulation, engine manufacturer need not warn re third party product (Wash. Ct. App.), 870

– W.R. Grace

– – Libby, Mont. site

– – – EPA administrator agrees to visit, 100
– – – Public health emergency declared, $6M federal medical aid awarded, 765
– – – Tremolite cleanup, EPA releases report, 591
– – – Vermiculite mine, trial set on knowing endangerment charges (D. Mont.), 147; product tests and indoor air studies testimony allowed, 275; opening statements, 320; defense says EPA negligent in protecting town, 418; motion to dismiss denied re most defendants, 562; second defendant dismissed, 588; jury finds not guilty on all counts, separate trial remains, 608; indictment against last defendant dismissed, 730

– – Zonolite Attic Insulation settlement preliminarily approved for 16,000 homeowners (Bankr. D. Del.), 135; state enjoined from pursuing fines, 420

ATTORNEYS

– Class actions

– – ABA conference, agenda announced, 1065
– – Fen-phen attorneys disbarred after fraud conviction, forfeit $30M of settlement (E.D. Ky.), 476
– – Requirements, Okla. governor signs reform bill, 663

ATTORNEYS' FEES

– Citizens' suits

– – CWA, mosquito spraying without NPDES permit, prevailing party entitled to fees (9th Cir.), 878
– – Portland cement plant performance standards emissions limits, Sierra Club award proper (9th Cir.), 730

– Class actions, Okla. governor signs reform bill, 663
– Fen-phen award affirmed (3d Cir.), 1195
– Montville, N.J. Superfund site, attorneys' and consultant's fees not used to further cleanup not recoverable (D.N.J.), 1150
– RCRA, perchloroethylene (PCE) and trichloroethylene (TCE) plume, default judgment and sanctions entered against paint manufacturer re discovery violations (S.D. Ind.), 757
– Substantially prevailing party, environmental group denied award under catalyst theory (5th Cir.), 14

AVIATION

See AIR TRANSPORTATION