Toxics Law Reporter Index-Summary

BACTERIA

– Salmonella, contaminated peanut butter, Peanut Corp. of Am.

– – Company files Chapter 7 bankruptcy, 269
– – Insurer seeks declaratory judgment on policy violations and duty to indemnify (W.D. Va.), 233
– – Parents of ill child sue (M.D. Ga.), 138; punitive damages sought, 178
– – Son may seek punitive damages for death of mother (D. Minn.), 202

BANKRUPTCY

– ASARCO, fraudulent stock transfer, Grupo Mexico must pay $6B (S.D. Texas), 511; $1.1B settlement approved, 731
– EP Tech liable for $9M in trichlorethylene (TCE) cleanup costs at Socorro, N.M. Superfund site (6th Cir.), 537
– Peanut Corp. of Am. files for Chapter 7 protection (W.D. Va.), 269
– RCRA, hydrocarbon plume and ground water contamination, cleanup order not dischargeable (7th Cir.), 1044
– W.R. Grace, Zonolite Attic Insulation settlement preliminarily approved for 16,000 homeowners (Bankr. D. Del.), 135; state enjoined from pursuing fines, 420

BENZENE

– Acute lymphoblastic leukemia and property damage, landfill leaching, verdict against city overturned (Tex.), 578
– Contaminated slush puppie beverages sold by filling station, insurer claims no duty to defend (M.D. Fla.), 990
– Myelogenous leukemia, lack of exposure evidence and workers' compensation coverage warranted judgment for chemical companies (Tex. Ct. App.), 232
– Pollution buyback agreements, only general policy provisions required insurer to defend action arising during coverage (Tex. Ct. App.), 200
– Resource Conservation and Recovery Act (RCRA)

– – Contaminated drums, state law conspiracy suit remanded (N.D. Ill.), 586
– – Jamestown, N.M. refinery, storage and treatment, Western Refining to pay fine, 1108
– – Petroleum contamination, Esso entitled to trial on liability, injunction reversed in part (1st Cir.), 756

– Solvent exposure and acute lymphocytic leukemia, refinery worker sues oil and chemical companies re failure to warn (Tex. Dist. Ct.), 303; status conference set, 366
– Stationary engines, EPA proposes rule to reduce toxic emissions, 322
– Workplace exposure to aircraft fuel, pollution exclusion clause does not bar insurer coverage (Ohio Ct. App.), 729

BIOLOGICS

– Blood factor concentrate, Taiwanese hemophiliacs alleging contaminated products may keep case in Cal. for time-bar determination (N.D. Ill.), 137; suit barred, 504; contract claims dismissed, 937

BISPHENOL-A (BPA)

– Baby bottles and cups

– – Cal. Senate approves ban, 701; Assembly rejects, 1105
– – Chicago ordinance bans sale, 630
– – Manufacturers agree to ban, 340
– – Md. House votes to ban, 477; Senate rejects, 507

– Canada proposes adding to toxics designation list, 631
– Food and drink containers

– – FDA regulation, agency to decide by Nov. 30, official says, 992
– – Federal ban

See LEGISLATION, FEDERAL, HR 1523, S 593, S 753

– – Reusable and infant products, Conn. legislature approves ban, 665; governor signs, 752

– Safety review, Waxman (D-Cal) and Stupak (D-Mich) ask FDA to conduct, 701; further developments

See LEGISLATION, FEDERAL, HR 2749

– Study finds longer-than-expected presence in body, In Brief, 141
– Trends in science, regulation, legislation, and litigation, Analysis & Perspective, 517

BPA

See BISPHENOL-A (BPA)

BRAZIL

– Pesticides, waste disposal, U.S. companies sued (S.D. Ind.), 559

BROWNFIELDS

– Cleanup grants

– – Economic recovery legislation

See LEGISLATION, FEDERAL, HR 1

– – Waterfront sites

See LEGISLATION, FEDERAL, HR 3518

– EPA agenda, Outlook 2009, 111
– House committee agenda includes program reauthorization, 101
– Overview of pending bills, chart, 1084
– Studebaker property, common law tort claims untimely, South Bend state superfund claim against successor may proceed (Ind.), 149
– Tax incentives for cleanup

See LEGISLATION, FEDERAL, HR 1724, HR 3260

BUILDING AND CONSTRUCTION

– Asbestos

– – Abandonment of boiler in sale of building, buyer appeals disposal ruling (U.S., rev sought), 344; seller not liable (rev den), 537
– – Duty to warn, property owners without actual knowledge lack re independent contractor (Ky.), 174
– – Removal

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

– Asphalt roofing, EPA seeks comment on proposed rule to set generally available control technology (GACT) for area source toxic emissions under CAA, 822; proposed rule published, In Brief, 850
– Chemicals, mixed injury and property claims reinstated (Cal. Ct. App.), 368
– Chlorinated solvents and other groundwater contamination at Contra Costa, Cal. landfill, nuisance and trespass claims proceed, RCRA claims dismissed (N.D. Cal.), 1012
– CWA, storm water runoff control, Outlook 2009, 114
– Drywall, homeowners and builders allege Chinese-manufactured product releases toxins (M.D. Fla.), 201; sulfur and other chemicals found, Nelson (D-Fla) and investigators sickened after visiting homes, 665; MDL panel consolidates suits, 725; CPSC issues status report, 840
– Formaldehyde exposure

– – FEMA trailers, certification denied, multidistrict suit on disparate issues will proceed as mass joinder (E.D. La.), 4; trial set, 502; state tort claims preempted, 657; trailer not unreasonably dangerous product, jury finds, 1192
– – High gas levels creating unsafe air, suit against plywood supplier and retailer may proceed (M.D. Pa.), 505

– Grout sealant, Flexipel and respiratory problems, distributor liability (N.D. Ga.), 872
– Hexavalent chromium, PPG Indus. to pay $1.5M for N.J. soil contamination cleanup per proposed consent decree (N.J. Super. Ct.), 279
– Lead paint

– – CPSC lowers limits to comply with CPSIA, 42
– – Poisoning from sandblasting dust, state not liable for private bridge contractor injury (Ohio Ct. App.), 892

– Mold

– – Pollution exclusion clauses, efficient proximate cause analysis not proper under Fla. law (11th Cir.), 609
– – Subcontractor faulty materials not covered in CGL policy, insurer must pay costs for spread (4th Cir.), 242

– Non road construction equipment emissions, American Rd. and Transp. Builders Ass'n (ARTBA) sues EPA for failure to enforce (D.C. Cir.), 564
– RCRA, ground water contamination from road salt in undeveloped land does not pose actionable imminent and substantial threat (S.D.N.Y.), 145