Toxics Law Reporter Index-Summary

CAA

CAFOs

See CONCENTRATED ANIMAL FEEDING OPERATIONS (CAFOs)

CALIFORNIA

– Air pollution

– – Emissions from diesel equipment, highway and bridge contractor agrees to pay record settlement (Cal. Super. Ct.), 475
– – Impact fees tied to large development projects upheld (Cal. Super. Ct.), 189
– – Regional air quality fees on developers who fail to mitigate impacts of large projects not preempted by CAA (E.D. Cal.), 829
– – San Joaquin Valley empowerment zones

See LEGISLATION, FEDERAL, S 3496

– – Volatile organic compounds emissions limits for consumer products strengthened and greenhouse gas in pressurized gas dusters targeted by state board, 567

– Asbestos

– – Bankruptcy court finds claims time-barred (Bankr. D. Del.), 909
– – Choice of law, review granted in case applying Okla. repose law to longtime Cal. resident who allegedly was harmed during construction work at oil refinery (Cal.), 467
– – Jurisdiction, transfer of Tenn. resident's dry wall exposure suit rejected (Cal. Ct. App.), 4
– – Mesothelioma link to overhaul of Navy vessel's pumps speculative, expert testimony rejected (Cal. Ct. App.), 1015
– – Pipefitter at refinery, jury award upheld, Exxon retained control over safety of independent contractors' employees (Cal. Ct. App.), 341
– – Removal, demolition business owner convicted of CAA violations and fined $250,000 (N.D. Cal.), 456
– – Welder with mesothelioma, exposure during Navy career, jury awards $21 million (Cal. Super. Ct.), 237

– Bisphenol-A (BPA)

– – Children's products ban bill gets first hearing, 324; Assembly rejects bill, 733
– – Nalge Nunc Intl., class action accuses sports bottles maker of suppressing risks (E.D. Cal.), 382

– Botox risks allegedly not fully disclosed, suits for deaths and injuries (Cal. Super. Ct.), 633
– Children's Motrin alleged cause of allergic reaction and blindness, jury verdict for drug company (Cal. Super. Ct.), 656
– Chromium in drinking water allegedly killed child, suit dismissed for failure to show cause of contamination (Cal. Ct. App.), 509
– Clean Air Act (CAA)

– – Aluminum production firm fined for violating emission standards, 14
– – Motor vehicles, greenhouse emissions, EPA denial of waiver needed to impose standards appealed (9th Cir.), 33; House bill introduced to overturn EPA ruling, 229; EPA motion to dismiss denied, 349; auto industry attempt to delay compliance should state win approval to enforce standards rejected (E.D. Cal.), 572
– – National ambient air quality standards, timetable for EPA to review and revise set (N.D. Cal.), 432
– – Regional air quality fees on developers who fail to mitigate air pollution impacts of large projects not preempted (E.D. Cal.), 829
– – School district may not block construction of GE power plant, forum inappropriate (9th Cir.), 1074
– – Shipping, state rules for diesel engines require EPA approval (9th Cir.), 203; state releases new draft rule after prior standard was federally preempted, 521
– – State clean air plans, proposed consent decree requires EPA to take action (N.D. Cal.), 638

– Clean Water Act (CWA)

– – Construction industry, EPA required to set limits for storm water runoff, ruling upheld (9th Cir.), 828
– – Effluent, deadline for Cal. plant to upgrade treatment of waste water from Mexico extended (S.D. Cal.), 785
– – Gravel pit waste water pond, sewage discharge requires permit (U.S., rev den), 186
– – Greka Oil and Gas threatened with fines for releases, 286
– – Natural resources damages, cargo ship owner to pay for Humboldt Bay oil spill (N.D. Cal.), 250
– – San Francisco Bay fuel spill, cargo ship pilot charged (N.D. Cal.), 250
– – Storm water discharge permits, regulators plan to challenge state court ruling threatening issuance (Cal. Super. Ct.), 661

– Expert witness fees denied to prevailing party because settlement offer was not in good faith (Cal. Ct. App.), 629
– Fertilizer maker sued by organic vegetable producer (N.D. Cal.), 183
– Forum non conveniens, water pollution suit brought by indigent Peruvians against Occidental Petroleum dismissed (C.D. Cal.), 362
– Forum selection, suit involving cleanup of N. Cal. site dismissed because clause requires action be tried in Germany (U.S., rev sought), 786
– “Green chemistry”

– – Lawmakers pass measures designed to give state authority to regulate chemicals in consumer products, 750; signed by governor, 853; Toxic Substances Control Department report recommends new policies, 1124

– Hazardous chemicals, Assembly approves bill giving state authority to regulate sales of products, 489
– Hazardous waste hauling, last defendant in San Diego sting sentenced (Cal Super. Ct.), 328
– Hexavalent chromium

– – Cement plants

– – – Building materials company agrees to pay $1M to settle state air pollution charges, 574
– – – Warning, state alleges plant failed to notify neighbors (Cal. Super. Ct.), 584

– – Ground water, PG&E agrees to pay $24M to resolve remaining complaints (Cal. Super. Ct.), 323

– Inability to refinance property due to prior owner's contamination is claim for diminution in value which can only be recovered for permanent nuisance, claim time-barred (Cal. Ct. App.), 670
– Jiffy Lube agrees to pay $500,000 and to ensure proper handling of motor oil and antifreeze (Cal. Super. Ct.), 434
– Lead

– – Bill to ban in children's products gets first hearing, 324; Assembly rejects bill, 733
– – Paint, Santa Clara County may engage contingent fee attorneys as long as government's in-house counsel retains decisionmaking authority and control of public nuisance suit (Cal. Ct. App.), 379
– – Shotgun pellets, shooting range purchaser may not intervene in suit between former owner and insurer (Cal. Ct. App.), 1096
– – Vinyl diaper bags, environmental group threatens failure-to-warn suit, 299
– – Vinyl lunch boxes bought by state to give away to children, maker fined $10M (Cal. Super. Ct.), 474

– Lone Pine orders in cost effective management of suits, BNA Analysis & Perspective, 1003
– Methylene chloride, exclusion clauses not limited to large scale acts of pollution (Cal. Ct. App.), 152
– Metoclopramide, manufacturer seeks review of ruling that state failure to warn law not preempted (Cal.), 1092
– 99 Cents Only stores face fines for selling unregistered and misbranded pesticides, 895
– Oil and gas, environmental problems, Shell Oil failure to disclose problems to new station owner warrants $1.7M award (Cal. Ct. App.), 1117
– Oil spills, governor signs bills to improve prevention and response, 895
– Paraquat, jury rejects claims herbicide caused pulmonary fibrosis death of highway worker (Cal. Super. Ct.), 342
– Paxil, suicide warning claims preempted (E.D. Cal.), 127
– PCBs, ExxonMobil agrees to pay fine to settle complaint on release from oil platform off Santa Barbara coast, 740
– PCE

– – Drinking water company's suit for contamination of water wells returned to state court (N.D. Cal.), 1002
– – Nuisance suit against city for contamination stemming from leaking sewer pipes may proceed (E.D. Cal.), 935
– – Sudden and accidental exception to pollution exclusion clause may be invoked by water company charged with dispersing contaminants through pumping system (N.D. Cal.), 758

– Perchlorate, water district may pursue punitive damages for negligence but not restitution (N.D. Cal.), 728
– Perfluorooctanoic acid, Assembly rejects bill to eliminate use in food packaging, 733
– Pesticide DBCP and sterility, punitive award for Nicaraguan field workers dismissed (Cal. Super. Ct.), 235
– Prempro and breast cancer, class certification of Cal. plaintiffs denied (S.D. Cal.), 198
– Proposition 65

– – Formaldehyde emissions, state files suit against baby furniture makers (Cal. Super. Ct.), 851
– – Gasoline leak, settlement on benzene and toluene does not bar suit on lead contamination (Cal. Ct. App.), 1058
– – Hexavalent chromium, state alleges cement plant failed to warn neighbors about emissions (Cal. Super. Ct.), 584
– – Lead paint, Mattel and others reach $1.8M settlement, adopt new standards before deadline (Cal. Super. Ct.), 1089
– – Listing delays suit may proceed (Cal. Super. Ct.), 584
– – Potato chips and french fries containing acrylamide, state attorney general settles suits against makers who agree to reduce levels of carcinogen (Cal. Super. Ct.), 674
– – School bus contractor agrees to retrofit or replace older diesel buses (Cal. Super. Ct.), 709

– Punitive award against Unocal improperly punished previous oil spills (Cal. Ct. App.), 234
– Reglan and tardive dystonia, brand-name makers may be liable to patients whose doctors rely on their product information in prescribing generic versions (Cal. Ct. App.), 1015
– Salmon, private party chemical coloring claims not barred (Cal.), 147
– Salt water is pollutant, insurers are not liable for harm due to release from olive growing and processing operation (E.D. Cal.), 618
– San Francisco sues ExxonMobil for failure to clean up contamination at Fisherman's Wharf refueling site (Cal. Super. Ct.), 542
– Sophisticated user rule applies to air conditioning technician suffering from lung disease allegedly due to phosgene gas (Cal.), 316
– Statutes of limitations

See STATUTES OF LIMITATIONS

– Superfund

– – Arrangers, joint and several liability proper in exceptional cases (U.S., rev sought), 589; (rev grant), 858
– – Ground water cleanup ordered by EPA at North Hollywood site, 859
– – Innocent landowner defense rejected (E.D. Cal.), 185
– – Lava Cap Mine, federal and state regulators seek to recover more than $22M in cleanup costs (E.D. Cal.), 972
– – Property owner's suit against prior owner does not entitle it to intervene in insurance coverage dispute (Cal. Ct. App.), 413
– – Settlement does not bar state court suit against settling party based on contamination later discovered on neighboring site (N.D. Cal.), 996

– Tobacco

– – Harm to nonparties, punitive award overturned (Cal. Ct. App.), 110; review denied (Cal.), 410
– – Res judicata bars widow's claim because she earlier dismissed loss of consortium claim arising from same injury to spouse, review granted (Cal.), 467

– Viagra, vision impairment, Cal. and Ariz. plaintiffs may not sue in N.Y. (N.Y. Sup. Ct.), 179

CANADA

– Bisphenol-A, ban in polycarbonate baby bottles proposed, 364; ban will begin in 2009, government plans to draft rules, 940
– Cement, no-fault nuisance liability found for environmental neighborhood disturbance despite manufacturer compliance with rules (Can.), 1059
– Forum non conveniens, R.I. dismisses asbestos suits filed by Canadians injured in Canada (R.I.), 446
– Mercury emissions from Detroit utility's power plants allegedly damage fish populations in Ontario, trial set (Ont. Sup. Ct.), 621
– PCBs, final version of rules to protect environment issued, 852
– Slag discharges from Canadian smelter into Wash. river, Superfund applies (U.S., rev den), 49

CANCER

– Acrylamide

– – Draft advisory panel report agrees that chemical is likely mutagenic carcinogen, 588
– – Potato chips and french fries, Cal. attorney general settles suits against makers who agree to reduce levels of carcinogen (Cal. Super. Ct.), 674

– Agent Orange claims

See generally AGENT ORANGE

– Anemia drugs for cancer patients, FDA announces revised box warnings, 220
– Asbestos

See ASBESTOS

– Benzene

See BENZENE

– Bladder cancer, former ship captain's suit alleging link to rust inhibitor or diesel exhaust dismissed due to lack of reliable expert testimony (E.D. La.), 585
– Breast cancer

See HORMONE REPLACEMENT THERAPY (HRT)

– But-for test, uranium mill neighbors failed to show exposure was contributing factor to their cancers (D.N.M.), 963
– Carcinogens, Proposition 65

See CALIFORNIA

– Chemicals, Proposition 65 listing

See CALIFORNIA

– Cluster allegedly linked to insulation materials manufacturing waste (Mo. Cir. Ct.), 747; state health officials find no higher cancer rate near site, 968
– Creosote and stomach cancer not linked to railroad tie exposure (Tex. Dist. Ct.), 147
– Diesel fumes at New York City bus depots blamed for illnesses, retired transit employees file suits against bus and engine makers (N.Y. Sup. Ct.), 729
– Leukemia

– – Acute myelogenous, benzene alleged cause, proving suppliers provided solvent to tire maker sufficient to survive summary judgment (W.D. Ark.), 728; jury absolves chemical makers of liability, 796
– – Arsenic in chicken waste alleged cause, sufficient evidence for trial applying multi-defendant causation test (Ark.), 424
– – Hairy cell, toxicologist seeks clarification from Inst. of Med. panel, 303
– – Tire manufacturing plant worker, “date of last exposure” rule for accrual determination overturned (Ala.), 108

– Lung cancer

– – Asbestos

See ASBESTOS

– – Tobacco

See TOBACCO INDUSTRY

– Lymphoma

– – Lymphocytic, benzene in Liquid Wrench alleged cause, $2M verdict set aside after expert's causation evidence excluded as scientifically unreliable (Miss.), 654
– – Non-Hodgkin's, laboratory technician's death allegedly due to benzene, discovery request quashed as overly broad (Tex. App.), 710
– – T-cell lymphoblastic, parents fail to prove Elidel skin cream for eczema caused toddler's illness, experts barred (E.D. Pa.), 610

– Medulloblastoma, contaminated polio vaccine alleged cause of brain cancer, expert failed to prove link (3d Cir.), 797
– Mesothelioma

See generally ASBESTOS

– Perchloroethylene, likely human carcinogen classification proposed in draft EPA document, 566; EPA asks Nat'l. Research Council committee to review analysis, 1040
– Polio vaccine and tumor, suit dismissed for failure to identify manufacturer (5th Cir.), 196
– Radiation, nuclear plant sewage sludge exposure blamed for cancer of later-born children, dismissal for flawed methodologies upheld (11th Cir.), 361
– RCRA, abandoned radioactive and other wastes, tenant's cleanup duty (U.S., rev sought), 69; (rev den), 351
– Refineries, carcinogenic emissions increase and may be underreported, group says, 889
– Risk assessments draft guidance defines mutagenicity too narrowly, advisers urge revisions, 329
– Sacromatoid carcinoma death of nuclear weapons plant worker, Labor Department refusal to adjust settings for determining probability radiation exposure caused disease upheld (5th Cir.), 653
– Vytorin, Reps. Dingell (D-Mich) and Stupak (D-Mich) ask makers for more information on link, 752

CARBON DIOXIDE

– Air quality permit for proposed coal-fired power plant challenged by environmental advocates (Mont.), 593
– CAA amendment to bar EPA regulation of greenhouse gas emissions

See LEGISLATION, FEDERAL, HR 6666

– Climate change EPA permit factors on carbon emissions considered, 152
– Del. state plan revisions raise possibility of regulation, 809
– Emissions limit for coal-fired electric generation plant must be set before construction can move forward (Ga. Sup. Ct.), 592
– Erosion, Alaskan Eskimo village sues 24 oil and energy firms (N.D. Cal.), 199
– Greenhouse gas emissions from vehicles

See MOTOR VEHICLES

CARBON MONOXIDE

– ConocoPhillips agrees to pay fine for CAA violations at Sweeney, Tex., refinery, 473
– National ambient air quality standards, timetable for EPA to review and revise set (N.D. Cal.), 432
– Occupational exposure, lax maintenance and prior poisoning symptoms insufficient to allow wrongful death action (N.C. Ct. App.), 1013
– Pollution exclusion bars coverage for release in residence (Ga.), 860

CARCINOGENS

See generally CANCER

CAUSATION

See also EXPERT WITNESSES
– Arsenic in chicken waste alleged leukemia cause, sufficient evidence for trial applying multi-defendant test (Ark.), 424
– Asbestos

– – Frequency and regularity of exposure test adopted (Pa.), 40
– – Mesothelioma link to overhaul of Navy vessel's pumps speculative, summary judgment for defendant affirmed (Cal. Ct. App.), 1015

– Baycol cholesterol drug alleged link to heart attack, summary judgment for maker due to lack of causation proof (E.D. Mo.), 1018
– Benzene

– – Aplastic anemia, trial court ordered to reconsider dismissal of tanker truck driver's claims in light of new report (5th Cir.), 378
– – Diesel exhaust and cancer, dismissed railroad worker's suit lacked proof (Neb. Ct. App.), 276

– Benzene in oil-based paints, worker's tort suit fails for lack of exposure level evidence (E.D.N.Y.), 1036
– But-for test, uranium mill neighbors failed to show exposure was contributing factor to their cancers (D.N.M.), 963
– Chemicals, Varathane floor product and injury, tort reform rules valid (Ga.), 239
– Cold-Eeze nasal spray with zinc gluconate, suit dismissed due to lack of evidence linking to loss of smell (8th Cir.), 774
– Contaminated polio vaccine alleged cause of brain cancer, expert failed to prove link (3d Cir.), 797
– Creatine supplement, college athlete's estate seeks to revisit link (N.D. Ohio), 9
– Electromagnetic fields, exclusion of environmental planner's testimony about impact on land use in condemnation case upheld (9th Cir.), 564
– Epilepsy, summary judgment for DaimlerChrysler upheld, laborers failed to present sufficient evidence to prove link, 2 cases (Ind. Ct. App.), 608
– Human bone and tissue harvesting scheme, expert testimony on whether products can transmit certain diseases excluded, summary judgment for defendants (D.N.J.), 965
– Mold, differential diagnosis relied on potentially inaccurate blood test, summary judgment in occupational exposure suit affirmed (9th Cir.), 378
– Radiation, nuclear plant sewage sludge exposure blamed for cancer of later-born children, dismissal for flawed methodologies upheld (11th Cir.), 361
– Refinery emissions, personal injury claims dismissed due to inadequacy of evidence, writ of mandamus granted (Tex. App.), 708
– Water pipes damage allegedly due to corrosive city-provided water, expert testimony enough to reverse dismissal (D.C.), 383

CEMENT

– Air toxics standards for hazardous waste combustors revised by final rule, 945; final reconsideration published, 978
– Hexavalent chromium emissions

– – Building materials company agrees to pay $1M to settle Cal. air pollution charges, 574
– – Warning, state alleges plant failed to notify neighbors (Cal. Super. Ct.), 584

– Kilns and clinker coolers, new source performance standards proposed, 477; comment period extended, 703
– Manufacturer agrees to pay fine and upgrade equipment at Mo. facility, 835
– Mercury emissions of kilns

– – Amount twice reported in 2006, environmental groups say, 665
– – EPA will propose limits (D.C. Cir.), 226; new rule could come this fall, 665

– New source review, manufacturer agrees to pay civil penalty and install pollution control equipment (N.D. Ill.), 808
– Nuisance, no-fault liability found for environmental neighborhood disturbance despite manufacturer compliance with rules (Can.), 1059

CHEMICALS

– Acrylamide

– Administrative fines for violating operating permits approved for manufacturing plant, 494
– Anhydrous ammonia

See AMMONIA

– Aqua Dots, toy bead craft cases consolidated (N.D. Ill.), 339
– Bankruptcy settlement, W.R. Grace to pay for cleanup at 32 superfund sites (Bankr. D. Del.), 13
– Benlate fungicide, cause of action for fraudulent inducement to settle fails, expert testimony directed to wrong damages standard (U.S., rev den), 361
– Benzene

See BENZENE

– Bisphenol-A (BPA)

See BISPHENOL-A (BPA)

– Boron from coal-fired power plant, residents agree to settle ground water contamination and property damages suit for $25M (Mont.), 406
– California

– – “Green chemistry,” lawmakers pass measures designed to give state authority to regulate chemicals in consumer products, 750; signed by governor, 853; Toxic Substances Control Department report recommends new policies, 1124
– – Hazardous chemicals, Assembly approves bill giving state authority to regulate sales of products containing, 489

– Carbon tetrachloride, actual injury to ground water must take place during policy period for coverage claim to succeed (D. Kan.), 689
– Carcinogenicity risk assessments, EPA draft guidance needs revisions, advisers say, 329
– Chemsol superfund site, proposed settlement involves 17 companies (D.N.J.), 781
– Chlorine gas, Norfolk Southern Ry. sued by U.S. over derailment and release (D.S.C.), 388
– Chromium

See CHROMIUM

– Class representative not exposed to leak, award overturned (La. Ct. App.), 962
– Commercial general liability policies, request to sever bad faith and breach of duty to defend claims rejected (E.D. Pa.), 563
– Computer manufacturing plant, IBM sued by upstate N.Y. residents (N.Y. Sup. Ct.), 27
– Creosote and stomach cancer not linked to railroad tie exposure (Tex. Dist. Ct.), 147
– Crystalline silica, silicosis deaths decreased since 1965 but young adults at greater risk, study released, 635
– Cyanide from metal plating business, Tex. man pleads guilty to illegally storing hazardous waste (E.D. Tex.), 474; sentence of 37 months in prison and restitution, 1022
– Delivery without protective clothing, claims properly included in-state manager, remanded to state court (W.D. La.), 302
– Dioxins, neighborhood class certified for suit against Dow Chem. (Mich. Ct. App.), 80
– Emergency Planning and Community Right-to-Know Act, EPA publishes final rule with revisions, 1001
– Epilepsy, summary judgment for DaimlerChrysler upheld, laborers failed to present sufficient expert evidence to prove causation, 2 cases (Ind. Ct. App.), 608
– European Union (EU), registration, Outlook 2008, 89
– Ferox rust inhibitor, former ship captain's suit alleging bladder cancer link dismissed due to lack of reliable expert testimony (E.D. La.), 585
– Fertilizer

See FERTILIZER

– Flame retardants

– – Deca-BDE, Minn. governor vetoes bill on phaseout in children's products, 449
– – Polybrominated diphenyl ethers (PBDEs)

– – – Fetal liver levels increase from 1998 to 2006, study finds, 1124
– – – Studies find higher levels in children than adults, advocates seek ban, 777

– Formaldehyde

See FORMALDEHYDE

– Freon in water bottle alleged cause of exercise-induced asthma, dismissal after causation expert excluded upheld (8th Cir.), 746
– Hexavalent chromium

See HEXAVALENT CHROMIUM

– Houston plants charged with failure to prevent hazardous releases agree to pay, proposed settlement (Tex. Dist. Ct.), 760
– Hydrochloric acid

– – Chemical plant fire, exposure and injury testimony lacking (M.D. La.), 145
– – Tank car leak, $750,000 damage award to employee upheld, but CSX entitled to setoff from settlement with other defendants (4th Cir.), 407

– Hydrochlorofluorocarbons illegally imported from Mexico, EPA reduces company's fine due to self-disclosure, 703
– Incinerator ash, Jacksonville to clean up two sites (M.D. Fla.), 247
– Japan, joint policy commission recommends monitoring and reporting all chemicals, 968
– Jewelry electroplating, time for filing action for latent injury began when employee experienced symptoms and was advised by doctor not to use workplace chemicals (Tex. App.), 466
– Leak at La. facility allegedly due to Dow negligence, removed to federal court due to potential damages amount (E.D. La.), 302
– Manganese fumes

– – Jury awards $20M to injured welder upheld, expert evidence adequate (N.D. Ohio), 672
– – Jury finds welding rod manufacturer warnings re health effects adequate (N.D. Ohio), 1061

– Melamine, tainted pet food, MDL class certified, settlement approved (D.N.J.), 1063
– Methylene chloride, exclusion clauses not limited to large scale acts of pollution (Cal. Ct. App.), 152
– Mirex, EPA approves plan for cleanup at creeks near Ohio Superfund site, 891
– MTBE

See METHYL TERTIARY BUTYL ETHER (MTBE)

– Multiple chemical sensitivity

See DISEASES

– Neurotoxic risks to children and fetuses, new ways needed to assess, professor says, 344
– New methods to measure workplace exposures to toxic substances and hazardous chemicals proposed by Labor Dept., critics still not happy, 751
– Oil and gas

See OIL AND GAS

– PCBs

See POLYCHLORINATED BIPHENYLS (PCBs)

– PCE

See PERCHLOROETHYLENE (PCE)

– Perchlorate

See PERCHLORATE

– Perfluorooctanoic acid

See PERFLUOROOCTANOIC ACID

– Phthalates

See PHTHALATES

– “Priority,” Me. legislature approves ban in children's products, 366
– Proposition 65

See CALIFORNIA

– Propylene glycol, 2-year prison sentence for dumping deicing fluid in Colorado River (D. Colo.), 493
– Railcar inspector not liable absent authority to prevent spill (S.D.W. Va.), 282
– REACH law

See EUROPEAN UNION (EU)

– Salmon, private party chemical coloring claims not barred (Cal.), 147
– Selenium discharges by mines alleged, motion to dismiss citizen CWA suit rejected (S.D.W. Va.), 120
– Sodium dichromate exposure at Iraqi water treatment plant alleged, Army panel is reviewing claims by former employees of contractor, 910
– Substitute It Now (SIN)

– – EU coalition will release list of up to 300 chemicals that allegedly should not be used in consumer products, 802
– – U.S. firms will be affected by SIN list, report, 887

– Superfund sites

– – DOJ reaches agreement with multiple defendants to clean up Shpack Landfill (D. Mass.), 1095
– – High priority chemicals, revised list published, 228
– – Owners of WWII chemical weapons site seek ruling that preliminary investigations do not constitute clean up (U.S., rev sought), 1095

– Synthetic organic chemicals, challenge to Hazardous Organic NESHAP rule fails, EPA consideration of costs lawful (D.C. Cir.), 492; Natl. Resources Defense council plans to petition EPA to strengthen air toxics rules, 496
– Tex. plants and manufacturers settle hazardous waste and air pollution violations, consent agreements approved, 702
– Textile plant, intervenor may not void settlement (R.I.), 154
– Toluene distillation residues, EPA proposes to grant RCRA delisting petitions by Tex. company, 457
– TCE, Parkinson's disease risk may increase from workplace exposure, study finds, 81
– Vapor intrusion

See VAPOR INTRUSION

– Varathane floor product and injury, tort reform rules valid (Ga.), 239
– Velsicol Chemical settlement with Md. requires cleanup of soil and ground water (Md. Cir. Ct.), 639
– Vinyl chloride

See VINYL CHLORIDE

– Volatile organic compounds

– – Aerosol spray paints, EPA publishes emission standards, 289
– – Emissions limits for consumer products strengthened and greenhouse gas in pressurized gas dusters targeted by Cal. air resources board, 567
– – Tex. plants fined for unauthorized emissions, 289

– Water pipes damage allegedly due to corrosive city-provided water, expert testimony enough to reverse dismissal (D.C.), 383
– World Trade Center particulates, expert's use of ambiguous term does not bar claim (S.D.N.Y.), 205

CHILDBIRTH

See PREGNANCY AND CHILDBIRTH

CHILDREN'S HEALTH

– Bisphenol-A (BPA)

See generally BISPHENOL-A (BPA)

– Cerebral palsy treatments, Botox risks allegedly not fully disclosed, suits for deaths and injuries (Cal. Super. Ct.), 633
– Children's Motrin alleged cause of allergic reaction and blindness, jury verdict for drug company (Cal. Super. Ct.), 656
– Chromium in drinking water allegedly killed child, suit dismissed for failure to show cause of contamination (Cal. Ct. App.), 509
– Cough and cold medicines sold without prescription should not be used by children, FDA advises, 133
– Elidel, parents fail to prove skin cream for eczema caused toddler's lymphoma, experts barred (E.D. Pa.), 610
– Flame retardants

– – Deca-BDE, Minn. governor vetoes phaseout in children's products, 449
– – Polybrominated diphenyl ethers (PBDEs)

– – – Fetal liver levels increase from 1998 to 2006, study finds, 1124
– – – Studies find higher levels in children than adults, advocates seek ban, 777

– Ibuprofen, federal law preempts warning claims challenging label of generic over-the-counter drug (N.D. Cal.), 512
– Lead

– – Abatement

See LEGISLATION, FEDERAL, S 3495

– – Cal. bill to ban in children's products gets first hearing, 324; Assembly rejects bill, 733
– – Conn., new law sets stricter limits on children's products, 613
– – Consumer Product Safety Improvement Act of 2008 (CPSIA)

– – – Limits on unsold inventory upheld by Consumer Products Safety Commission, 1066
– – – Preemption issues clarified, state attorneys general empowered, BNA Analysis & Perspective, 1104

– – Disclosure violations alleged, child not party to lease, civil liability claims dismissed (N.D. Ga.), 1035
– – Ill., new law set limits in consumer products, bans mercury in children's products, 1066
– – Jewelry, Reebok to pay $1 million for importing bracelets with toxic lead levels, 289
– – Lunch boxes bought by state to give away to children, maker fined $10M (Cal. Super. Ct.), 474
– – Restricted use in products for children

See LEGISLATION, FEDERAL, HR 4040

– – Toys and games, voluntary CSPC recalls do not preempt state remedies (C.D. Cal.), 1090
– – Vinyl diaper bags, environmental group threatens failure-to-warn suit, 299

– Lead paint

– – Mattel and others reach $1.8M settlement, adopt new standards before deadline (Cal. Super. Ct.), 1089
– – Strict liability claims against pigment maker dismissed (N.Y. Sup. Ct. App. Div.), 511
– – Thomas train

– – – Insurer has duty to defend (N.D. Ill.), 609
– – – Manufacturer settles class suits (Ill. Cir. Ct.), 78

– Me. legislature approves ban on certain chemicals in children's products, 366
– Neurotoxic risks to development, new ways needed to assess, professor says, 344
– Nonstick cookware coating

– – Perfluorooctanoic acid exposure may elevate cholesterol, researchers report early results, 451
– – Significant decline in perfluorinated chemicals in babies, study published, 515

– Paxil, pediatric suicide warning claim not barred, general presumption against preemption applies (E.D. Pa.), 774; interlocutory appeal motion granted, 990
– Perchlorate risk to fetuses and young children, toxicological profile released, 941
– Phthalates

See PHTHALATES

– Strattera, family of child with ADHD who committed suicide claims failure to warn (D. Neb.), 129
– Toys

See TOYS AND GAMES

– Va. Boy Scout's family sues camp meat supplier (Va. Cir. Ct.), 883

CHROMIUM

– CrVI or chromium-6

See HEXAVALENT CHROMIUM

– Drinking water

– – Child's death after camping, suit dismissed for failure to show cause of contamination (Cal. Ct. App.), 509
– – EPA must update health standard, 47

CIGARETTES

See TOBACCO INDUSTRY

CITIZENS' SUITS

– Clean Air Act (CAA)

– – BP refinery expansion, group challenges issuance of “minor source” permit (N.D. Indiana), 637
– – Cal.

– – – Proposed consent decree requires EPA to take action on 3 state clean air plans (N.D. Cal.), 638
– – – School district may not block construction of GE power plant, forum inappropriate (9th Cir.), 1074

– – Carbon monoxide, timetable for EPA to review and revise national ambient air quality standards set (N.D. Cal.), 432
– – Colbert coal-fired power plant, claims against TVA time-barred (U.S., rev sought), 52; (rev den), 549
– – Construction of power plant fueled by waste coal challenged, suit dismissed as collateral attack on state permit decision (W.D. Pa.), 454
– – Duke Energy construction of new coal-fired boiler, environmental groups seek injunction alleging permit improperly granted (W.D.N.C.), 718; company must initiate maximum achievable control technology (MACT) process, 1097
– – EPA has discretion to refuse to object to state permits for coal-fired power plants (11th Cir.), 783
– – Mercury controls at power plants

See MERCURY

– – Murphy Oil refinery releases multiple pollutants, neighbors suit alleges (E.D. La.), 1075
– – Ozone pollution, EPA ordered to rewrite eight-hour implementation rule (U.S., rev den), 70
– – Shell Oil refinery, environmental groups file citizen suit (S.D. Tex.), 53
– – Supplemental monitoring, EPA rule that barred state and local regulators from setting more rigorous requirements than set by federal regulations struck down (D.C. Cir.), 716
– – Synthetic organic chemicals, challenge to Hazardous Organic NESHAP rule fails, EPA consideration of costs lawful (D.C. Cir.), 492; Natl. Resources Defense council plans to petition EPA to strengthen air toxics rules, 496
– – Tex. coal-fired power plant may proceed (rev den), 1073
– – “Wet demolition” of homes for St. Louis airport violated law (E.D. Mo.), 830

– Clean Water Act (CWA)

– – Alaska mining company will build pipeline to settle wastewater discharge allegations (D. Alaska.), 807
– – CAFO, dismissal of neighbors' claims because operator was not required to be in full compliance at time suit was filed upheld (2d Cir.), 698
– – Copper, Gaston case remanded to identify injury to environmental groups (4th Cir.), 153
– – “Diligent prosecution,” conservation group seeks review of ruling open-ended consent decree bars suit (U.S., rev sought), 660; (rev den), 918
– – D.C. sewage treatment plant, environmental groups urge upholding permit that requires major reductions in nitrogen discharges (D.C. Cir.), 719
– – Effluent limits, EPA has no duty to consider new water treatment technology when deciding whether to revise rules (U.S., rev sought), 757
– – Impaired waters, copper mining company discharge permit rejected because it would have allowed discharges into river (U.S., rev sought), 517
– – Notice of action for failing to obtain permit is not notice of existing permit violations (W.D. Mich.), 1128
– – Notice of intent to sue before commencement of state action, suit allowed to proceed (11th Cir.), 1043
– – Ongoing CERCLA cleanup bars suits (D. Colo.), 325
– – Selenium discharges by mines, motion to dismiss rejected (S.D.W. Va.), 120
– – “Unenforceable commitments,” Ky. rules exempting 6 types of pollution discharges from permit review rejected, EPA review required (6th Cir.), 784
– – “Waters of the United States,” Supreme Court declines to clarify definition (U.S.), 1072

– Coal-fired power plant, citizens' group sues state for failure to regulate (Mich. Cir. Ct.), 138
– Consumer Product Safety Improvement Act of 2008 (CPSIA), National Resources Defense Council and Public Citizen sue CSPC to restore phthalate-containing children's toys removal deadline (S.D.N.Y.), 1093
– FIFRA, diazinon pesticide ban sought by environmental and farm worker groups (N.D. Cal.), 682
– Lead paint disclosure violations alleged, buyer has no claim against sellers when buyer never incurred any costs (C.D. Ill.), 575; prior ruling affirmed, 700
– Public interest suits, Justice Dep't seeks new limitations (U.S., oral arg), 785; overview of arguments, 915
– RCRA

– – CAFO, neighbors' suit barred by non-duplication provision (2d Cir.), 698
– – Chemical fire, state counterclaims did not waive immunity to CERCLA suit (D.N.J.), 69
– – Coal waste sludge suit untimely (D.D.C.), 305
– – Federal facility provision does not allow citizen suits, Hurricane Katrina claim dismissed (E.D. La.), 430
– – Fort Meade, Md. notifies Army it intends to sue over stalled cleanup, 738
– – Ongoing CERCLA cleanup bars suits (D. Colo.), 325
– – Plugged contaminated drinking water well, owner has sufficient present injury to sue (N.D. Ill.), 715; contamination expert will be allowed, 877
– – Pre-enforcement review, suit filed before CERCLA cleanup agreement is still barred (N.D. Ill.), 892
– – Pre-suit letter with reference to RCRA provision is sufficient notice of endangerment action (E.D. Tex.), 1127
– – P.R., UST benzene leak, Esso's violations egregious, clean up ordered (D.P.R.), 1096
– – Review of state solid waste management programs by EPA not mandatory, suit dismissed (W.D. Okla.), 326
– – Tort-related damages not covered, negligence suit for alleged exposure to toxic nerve agent stored by U.S. dismissed (11th Cir.), 430
– – USTs, legal fees depend if suit will protect public (W.D.N.Y.), 151

– Superfund

– – Bar on pre-enforcement review applies to non-National Priorities List sites on federal property (11th Cir.), 413
– – Capping contaminants challenged as allowing for leaching, dismissed for lack of standing by plaintiff who cannot show injury-in-fact (N.D. Okla.), 471
– – Financial assurance, EPA and Transportation Dept. sued for failure to issue rules (N.D. Cal.), 246
– – Ongoing cleanup bars CWA and RCRA suits (D. Colo.), 325
– – Pre-enforcement review, RCRA suit filed before CERCLA cleanup agreement is still barred (N.D. Ill.), 892
– – Slag discharges from Canadian smelter into Wash. river, law properly applied (U.S., rev den), 49
– – WWII chemical weapons site owners seek ruling that preliminary investigations do not constitute clean up (U.S., rev sought), 1095

CLASS ACTIONS

– Animals

– – Melamine-tainted pet food, MDL class certified, settlement approved (D.N.J.), 1063
– – Mold toxin, Diamond Pet Foods settles class suit (E.D. Tenn.), 41

– Asbestos, W.R. Grace bankruptcy bar date blocks unfiled claims, appeal by putative class denied (D. Del.), 820
– Baycol cholesterol drug, certification denied and summary judgment for maker due to lack of causation proof (E.D. Mo.), 1018
– BPA litigation, what is new and what isn't, BNA Analysis & Perspective, 836
– Certification decisions, full-blown discovery may not be needed, BNA Analysis & Perspective, 924
– Class representative not exposed to chemical leak, award overturned (La. Ct. App.), 962
– Coal-burning power plant suit not certified due to lack of evidence supporting geographic cutoff (W.D. Ky.), 301
– Dioxins, neighborhood class certified for suit against Dow Chem. (Mich. Ct. App.), 80
– Dow Chemical negligence allegedly caused leak at La. facility, removed to federal court due to potential damages amount (E.D. La.), 302
– DuPont seeks review of $400M class action verdict for contaminants remaining after voluntary cleanup of smelting site (W. Va. Sup. Ct.), 560; review granted, 851
– E. coli, Nebraska Beef removes suit on tainted meat sales (S.D. Ohio), 1064
– Genetically modified rice, farmers sue Bayer CropScience for contamination, certification denied (E.D. Mo.), 711
– Hazardous waste facility fire and explosions, residents reach tentative settlement with site owner (E.D.N.C.), 986
– Heavy metals allegedly remain after zinc smelter cleanup, town residents seek medical monitoring and damages (Okla. Dist. Ct.), 343
– Hurricane spread toxic substances to surrounding area, only remedy available is to seek an injunction requiring cleanup of substances still on aluminum plant property (D.V.I.), 510
– Insulation materials manufacturing waste link to cancer cluster alleged (Mo. Cir. Ct.), 747; state health officials find no higher cancer rate near site, 968
– Landfills, improper disposal, class of Conn. property owners charging Mo. firm certified (D. Conn.), 224
– Lead

– – Cosmetics

– – – Christian Dior lipsticks, suit allowed to proceed (N.D. Ill.), 633
– – – L'Oreal lipsticks have dangerously high levels, class suits alleges (N.D. Ill.), 44

– – Paint, Thomas train

– – – Insurer has duty to defend (N.D. Ill.), 609
– – – Manufacturer settles class suits (Ill. Cir. Ct.), 78

– – Toys and games, voluntary CSPC recalls do not preempt state remedies (C.D. Cal.), 1090

– Lone Pine orders in cost effective management of suits, BNA Analysis & Perspective, 1003
– “Mass action” under Class Action Fairness Act

– – Can be determined at time of filing, remand of suit related to wood treatment facility denied (7th Cir.), 670
– – Useful beacon for other courts, BNA Analysis & Perspective, 790

– Mold, action remanded to state court under exception to CAFA jurisdiction (E.D.N.Y.), 1087
– Notice problems in nationwide class action settlements, Analysis and Perspective, 258
– Peanut butter contaminated with salmonella, suit against maker may proceed (N.D. Ga.), 468
– Prempro and breast cancer, class certification of Cal. plaintiffs denied (S.D. Cal.), 198
– PVC plant neighbors, certification denied due to inadequate expert report (W.D. Ky.), 771
– Teflon-coated cookware, certification denied for lack of documentation (S.D. Iowa MDL), 1090
– Teflon-related water contamination suit, defense expert barred from testifying because previously retained as plaintiffs' expert in similar suit (S.D.W. Va.), 541; class certification denied, 876
– Tobacco

– – Light cigarettes RICO class decertified (2d Cir.), 317
– – Medical monitoring, smoker's statewide class denied due to lack of present physical injury (Or.), 409

CLEAN AIR ACT (CAA)

– Amendment to bar EPA regulation of greenhouse gas emissions

See LEGISLATION, FEDERAL, HR 6666

– Asbestos

– – City agrees to pay penalty for improper demolition of apartment buildings (D. Ariz.), 831
– – “Knowing endangerment” reinstated in criminal case involving W.R. Grace vermiculite mine (U.S., rev sought), 369; (rev den), 549
– – Okla. City official and building superintendent appeal negligence sentence (10th Cir.), 86
– – “Wet demolition” of homes for St. Louis airport violated law (E.D. Mo.), 830

– Carbon emissions, climate change, EPA permit factors considered, 152
– Cement

See CEMENT

– Citizens' suits

See CITIZENS' SUITS

– Climate change

See GLOBAL WARMING

– Coal-fired power plants

See POWER PLANTS, COAL-FIRED

– Del. state plan revisions raise possibility that carbon dioxide will be regulated, 809
– Dust, builder to pay $106,000 to settle construction site allegations (D. Ariz.), 433
– Ethanol more than 10 percent in gasoline barred, EPA warns industry of penalties for overblending, 721
– Hazardous air pollutants

– – EPA calls for no changes to 9 industrial source standards, 922
– – National emissions standards for hazardous air pollutants (NESHAPs), rubber and resins unchanged by EPA, 1132

– Hazardous waste combustors

– – Air toxics standards revised by final rule, 945; final reconsideration published, 978
– – EPA amends 2005 emissions standards, 309

– Importation of Chinese tractors, company pleads guilty (D. Or.), 921
– Interstate Rule vacated, N.C. sought tougher protections for downwind states (D.C. Cir.), 619; EPA seeks rehearing en banc, 861; request for rehearing en banc, 894; appeals court asks for more information on petitions for rehearing, 973; several states and power companies urge remand, 1023; EPA seeks stay pending rewrite of rule, 1043
– Landfill emissions, Envtl. Defense Fund plans to sue EPA for failure to update standards, 973
– Lead national ambient air quality standards, EPA publishes proposed revisions and plans hearings, 457; environmentalists push new standards but industry warns of consequences for business, 788
– Mercury emissions

– – Controls

See LEGISLATION, FEDERAL, S 2643

– – Export prohibition

See LEGISLATION, FEDERAL, S 906

– – Trading system defended by EPA, 434

– Metals

See METALS

– Mich. Sugar Co. will spend $13M to settle alleged violations and pay fine for pulp dryer releases (E.D. Mich.), 455
– Motor vehicles, greenhouse emissions

See MOTOR VEHICLES

– “Natural event,” groups says EPA definition allows some man-made emissions as exceptional events (D.C. Cir.), 919
– Nitrogen oxide and hydrocarbon emissions from engines in lawn mowers, chain saws, and marine engines expected to be cut due to EPA final rule, 787
– Outlook 2008, 89
– Ozone

See OZONE

– Particulate matter standards defended by EPA in appellate argument (D.C. Cir.), 807
– Penalties

– – EPA updates payment schedules for inflation, 1133
– – Taiwanese chain saw producer and U.S. firms pay record amount for “nonroad” engines (D.D.C.), 387

– Pfizer agrees to pay $975,000 to settle allegations of violations at pharmaceutical plant (D. Conn.), 550
– Plating and polishing operations standards revised, EPA issues final rule, 554
– Recordkeeping, N.J. challenged EPA rule blocking state from pollution monitoring (D.C. Cir.), 188
– Refineries

See REFINERIES

– Regional air quality fees on developers who fail to mitigate air pollution impacts of large projects not preempted (E.D. Cal.), 829
– Shipping, Cal. rules for diesel engines require EPA approval (9th Cir.), 203; Cal. releases new draft rule after prior standard was federally preempted, 521
– Synthetic organic chemicals, challenge to Hazardous Organic NESHAP rule fails, EPA consideration of costs lawful (D.C. Cir.), 492; Natl. Resources Defense council plans to petition EPA to strengthen air toxics rules, 496

CLEAN WATER ACT (CWA)

– Agriculture

See AGRICULTURE

– Animal feedlots must disclose waste plans during permitting process (Mich. Ct. App.), 71
– Bacardi rum distiller agrees to spend $1M on land project and pay fine for discharge violations (D.P.R.), 699
– Best technology for minimizing adverse environmental impact at cooling water intake structure, availability of cost/benefit analysis (U.S., rev grant), 348
– Building and construction

See BUILDING AND CONSTRUCTION

– Citizens' suits

See CITIZENS' SUITS

– Coal

See COAL

– Contribution claims stemming from violations denied (W.D. Va.), 285
– Criminal cases

See CRIMINAL LAW AND PROCEDURE

– Dental mercury discharges

– – Congressional survey of state and local efforts finds mandatory program is most effective for reducing releases, 811
– – Mandatory standards not needed, EPA report, 811

– Dredge-and-fill operations, energy company's request to deem Mass. and R.I. waived certification due to inaction is denied (D.C. Cir.), 415
– Effluents

– – Construction industry storm water runoff, EPA required to set limits, ruling upheld (9th Cir.), 828
– – Deadline for Cal. plant to upgrade treatment of waste water from Mexico extended (S.D. Cal.), 785
– – EPA guidelines, updating for new technology, Supreme Court declines to require (U.S.), 1073
– – Limits, EPA has no duty to consider new water treatment technology when deciding whether to revise rules (U.S., rev sought), 757
– – No new industries but EPA will continue to study coal-fired power plants, coalbed methane, and pharmaceuticals, 812; final 2008 guidelines plan released, 835
– – Refinery storm water discharges, CITGO fined $13M (W.D. La.), 829

– Enforcement down after Rapanos decision, internal EPA memo obtained by House committees, 596; House committees summarize investigation, write Obama re concerns, 1133
– Everglades, EPA ordered to review state law changes, agency failed to enforce CWA provisions (S.D. Fla.), 679
– Fertilizer plant contaminated waste water release, EPA issues imminent and substantial endangerment order, 305
– Grazing permits, cattle on U.S. Forest Service lands are exempt as nonpoint source pollution (9th Cir.), 1127
– Idaho Transportation Dep't agrees to pay penalties for violations of consent decree (D. Idaho), 620
– Jurisdiction

See JURISDICTION

– Ky., sewer system improvement ordered for Lexington-Fayette Urban County (E.D. Ky.), 249
– Mass. Water Authority to pay fine in agreement over discharges into bay (D. Mass.), 593
– Mo. soybean oil recycling company and VP indicted for discharging acid waste water (W.D. Mo.), 1098
– Natural resources damages, Interior Dept. proposes to revise assessment rules, 208
– Navigable waters and adjacent wetlands, EPA and Army Corps issue new guidance on identification, 1100
– Navy shipyard contractor's claim for legal fees rejected as not permissible under federal contracts because incurred in unsuccessful defense of CWA suit (9th Cir.), 699
– Nev. landfill operator agrees to pay CWA fine and spend $36M to reduce pollution and to monitor site, 698
– Norfolk Southern Ry. sued by U.S. over derailment and release of chlorine gas (D.S.C.), 388
– Oil and gas

See OIL AND GAS

– Outlook 2008, 89; 100
– Phosphate mining permit, environmental groups challenge Army Corps of Engineers issuance (M.D. Fla.), 680
– Progress on cleaning nation's waters has slowed under Bush administration, report by staff for House committee Democrats, 947
– Protection for “all” U.S. waters

See LEGISLATION, FEDERAL, HR 2421, S 1870

– Refineries

See REFINERIES

– Silver-tainted waste, former Fujicolor employee pleads guilty to filing false reports to conceal discharge (E.D. Tenn.), 552
– Supreme Court review, Outlook 2008, 89
– Water transfer rule, permit is not required for movement where no pollutants are added to navigable waters and no intervening industrial, municipal, or commercial use, 495
– “Waters of the United States,” Supreme Court declines to clarify definition (U.S.), 1072
– Wetlands

See WETLANDS

CLIMATE CHANGE

See GLOBAL WARMING

COAL

– Clean Water Act (CWA)

– – Alpha Natural Resources, coal producer resolves discharge permit violations, 287
– – Massey Energy, largest civil penalty imposed for discharge violations (S.D.W. Va.), 85; consent decree approved, 349

– Fly ash, drinking water contamination suit settled (Md. Cir. Ct.), 985
– Power plants

See POWER PLANTS, COAL-FIRED

– Waste sludge ponds suit untimely (D.D.C.), 305

COAL TAR

– Parent-subsidiary link must exist at time of release for liability (Mass.), 251
– Shipping, TECO Barge Line, workers' verdict upheld (6th Cir.), 200

COATINGS

See PAINTS AND COATINGS

COKE OVEN EMISSIONS

– Erie Coke fined $6.1M by Pa. for repeated air quality violations, 553
– Fossil fuel-fired electric power plants standards, EPA settles suit with coke manufacturers (D.C. Cir.), 350

COLLEGES

See SCHOOLS

COLORADO

– Deicing fluid dumped in Colorado River, 2-year prison sentence (D. Colo.), 493
– Gold mining and smelting, ASARCO and Newmont agree to pay $20.5M to settle Superfund claims (D. Colo.), 590
– Notice required for cleanup contribution claims against state transportation department, suit dismissed (Colo.), 360
– PCE, dry cleaner pleads guilty to illegal disposal and drying of contaminated filters (Colo. Dist. Ct.), 522
– Pollution exclusion clauses in multiple insurance policies, unless exclusions are same in all policies insurer may owe duty to defend (D. Colo.), 347
– Property values diminished by plutonium contamination from Rocky Flats Weapons Plant, $926M judgment for class (D. Colo.), 484
– Rocky Mountain Arsenal, Shell and Army agree on natural resources damages payment (D. Colo.), 471
– Willow Creek watershed, ongoing CERCLA cleanup bars CWA and RCRA penalties at mining site (D. Colo.), 325

COMMERCE CLAUSE

– CWA, protection for “all” U.S. waters

See LEGISLATION, FEDERAL, HR 2421, S 1870

COMPUTERS

– Chemicals from manufacturing plant, IBM sued by upstate N.Y. residents (N.Y. Sup. Ct.), 27

CONCENTRATED ANIMAL FEEDING OPERATIONS (CAFOs)

– Citizen suit, neighbors' CWA suit properly dismissed because operator was not required to be in full compliance with permit at time suit was filed, RCRA claim also barred (2d Cir.), 698
– Mich., feedlots must disclose waste plans during permitting process (Mich. Ct. App.), 71
– Outlook 2008, 100

CONFERENCES AND MEETINGS

– American Chemistry Council, 220
– American Enterprise Inst. Legal Center for Public Interest/Federalist Society, 45
– American Law Inst./ABA, 139
– Board of Scientific Counselors, 513
– Dangerous Products from Lead Toys to Tainted Drugs, 1037
– Environmental Inequalities and Health Risks, cosponsored by French Agency for Envtl. and Occupational Health Safety and Science Po Univ., 344
– Environmental Law Inst., 785
– EPA, public forum on changes to lead exposure standard, 788
– FDA

– – Bisphenol-A and food-contact materials, 800; 800
– – Nanoengineered products, public meeting, 779

– Intl. Chemical Secretariat (ChemSec), 824
– NanoEurope, 855
– Natl. Inst. of Standards and Tech., 912
– REACH in the Preregistration Window and Beyond: A Program for U.S. Business, 810
– Soc'y of Toxicology, 304
– U.S. Conference of Mayors, winter meeting, 88

CONGRESS, U.S.

– Ed. Note: For coverage of legislation by bill number, see LEGISLATION, FEDERAL. For information on measures not yet assigned bill numbers, see relevant subject headings.

CONNECTICUT

– Industrial laundry, state obtains temporary injunction for alleged toxic emissions (Conn. Super. Ct.), 351
– Landfills, improper disposal, class of Conn. property owners charging Mo. firm certified (D. Conn.), 224
– Pfizer agrees to pay $975,000 to settle allegations of CAA violations at pharmaceuticals plant (D. Conn.), 550
– Prosecutors cannot use RCRA definitions in state law hazardous waste prosecutions (Conn.), 388
– Solvent recovery operation, PRPs agree to cleanup, 3 cases (D. Conn.), 997
– Toys, new law sets stricter limits on lead and asbestos and requires hazardous substances warnings on consumer products, 613
– Trasylol wrongful death suits consolidated, but Conn. opposed as forum (MDL), 182; cases consolidated (S.D. Fla. MDL), 340
– Water pollution, manufacturer must install automatic shutoff to prevent toxic spills (Conn. Super. Ct.), 251

CONSTITUTIONAL LAW

– Article III, Wash. state superfund law allows company to sue for contribution although recoveries would go to third-party cleanup trust (9th Cir.), 663
– Commerce Clause, CWA, protection for “all” U.S. waters

See LEGISLATION, FEDERAL, HR 2421, S 1870

– Due process

See DUE PROCESS

– Equal protection, Ga. tort reform rules valid (Ga.), 239
– First Amendment, Internet broadcast of Zyprexa status conference allowed (E.D.N.Y.), 239
– Separation of powers, Federal Railroad Safety Act amendment banning preemption of state negligence claims constitutional, claims for anhydrous ammonia release due to train derailment reinstated (8th Cir.), 583
– Supremacy Clause

See SUPREMACY CLAUSE

– Takings

See TAKINGS

CONSTRUCTION

See BUILDING AND CONSTRUCTION

CONTRACEPTIVES

– NuvaRing, cardiovascular complications, cases remanded under forum defendant rule (D.N.J.), 25
– Ortho Evra patch, blood clot risk

– – Consolidation of individual suits challenged by defendants (N.D. Ohio), 78
– – FDA approves updated label, 115
– – Noneconomic and punitive damages caps upheld (Ohio), 22

CONTRACTS

– Asbestos, insulation materials, 1980 release bars certain claims (Tenn. Ct. App.), 238
– Indemnification

See INDEMNIFICATION

– Insurance

See INSURANCE

– Pre-CERCLA, property buyer did not assume Superfund liability (S.D.N.Y.), 636
– Settlements

See SETTLEMENTS

CONTRIBUTION

– Allocation of 80 percent of cleanup costs to specialty metals manufacturer for knowing use of “egregious polluter” as waste hauler (E.D. Pa.), 755
– Attorneys' fees available for cleanup monitoring (Vt.), 245
– CWA violations, claims denied (W.D. Va.), 285
– Colo., cleanup costs claim against state transportation department requires notice, suit dismissed (Colo.), 360
– Contaminated sediments disturbed by hired ships traveling through harbor, shippers are not liable as operators (N.D. Ill.), 346; suit against gypsum plant operator dismissed, 804
– Defenses, divisibility of harm not applicable as in cost recovery actions (D.N.J.), 1070
– Forensics specialist need not rely on published studies or independent testing (W.D.N.Y.), 224
– “No further action” letter needed to pursue claim under Ohio Voluntary Action Program (Ohio Ct. App.), 474
– PCE maker may be liable as arranger if leakage inherent in transfer (E.D. Cal.), 30
– Property owner's suit against prior owner does not entitle it to intervene in insurance coverage dispute (Cal. Ct. App.), 413
– Railcar inspector not liable absent authority to prevent spill (S.D.W. Va.), 282
– Section 107

– – CERCLA history and road to clarity, BNA Analysis & Perspective, 598
– – Double recovery denied to PRP (D. Nev.), 222
– – Legislative history shows contradiction in terms, BNA Analysis & Perspective, 642
– – Petroleum exclusion does not apply to MTBE alone (S.D.N.Y.), 617
– – Potentially responsible party with valid Section 113 claim cannot also seek recovery under Section 107(a) (E.D. Wis.), 735
– – PRPs liability must be established or action still pending before pursuing §113 claim (E.D. Mo.), 676
– – Raytheon Aircraft, PRP may pursue joint and several liability (D. Kan.), 30; U.S. not limited to compulsory counterclaim, 150; sanction on U.S. denied, 223; suit against U.S. dismissed because military used little TCE during W.W.II, 490
– – Shipyard need not be subject of cost recovery claim to bring third-party claim against United States (W.D. Wash.), 942
– – Voluntary cleanup by potentially responsible party, cost recovery claims allowed, 2 cases (9th Cir.), 367

– Section 113

– – CERCLA history and road to clarity, BNA Analysis & Perspective, 598
– – Cooper v. Aviall did not set jurisdictional bar, case remanded (3d Cir.), 453
– – Defense costs, allocation to PRP not included in settlement (D. Colo.), 83
– – Future cleanup costs may be basis for monetary judgment (3d Cir.), 676
– – Legislative history shows contradiction in terms, BNA Analysis & Perspective, 642
– – Natural resource damages settlement triggers right to sue (D.N.J.), 385
– – Oil-related cleanup, nonsettling PRP may intervene in consent decree (D.N.H.), 67
– – Potentially responsible party with valid claim cannot also seek recovery under Section 107(a) (E.D. Wis.), 735
– – Section 107 liability must be established or action still pending before PRP can pursue claim (E.D. Mo.), 676
– – State administrative settlement must be final to form basis for claim by PRP (D.N.J.), 914

– Settlements, insurer's refusal to pay is not the kind of extraordinary event for which a final judgment will be reopened (E.D. Pa.), 805
– Statutes of limitations

– – Ind. UST law claim does not begin to run until property owner is ordered to cleanup site (Ind.), 552
– – Later-found contamination constitutes separate event (W.D. Mich.), 117

– Successor liability claim fails when seller corporation continues to exist, state law claim against buyer dismissed (Ind. Super. Ct.), 456
– Voluntary cleanup of human remains containing formaldehyde, county cannot pursue state claim against crematory at fault (Ga. Ct. App.), 594
– Wash. state superfund law allows company to sue although recoveries would go to third-party cleanup trust (9th Cir.), 663

COPPER

– CWA

– – Gaston case remanded to identify injury to environmental groups (4th Cir.), 153
– – Impaired waters, mining company discharge permit rejected because it would have allowed discharges into river (U.S., rev sought), 517

– Superfund, contribution defenses, divisibility of harm not applicable as in cost recovery actions (D.N.J.), 1070
– Water pollution, Tex. agency denies El Paso County request to charge ASARCO, 207

COSMETICS

– Lead

– – Christian Dior lipsticks, class suit allowed to proceed (N.D. Ill.), 633
– – L'Oreal lipsticks have dangerously high levels, class suits alleges (N.D. Ill.), 44

– Nanomaterials

– – Particles in sunscreens, health risks debated in comments to FDA, 65
– – “Risk-added,” scientist says FDA should view products as potentially harmful, 779

COURTS AND PROCEDURE

See PROCEDURE

CREOSOTE

– Conservation easement in nearby county part of proposed settlement for damage at wood treatment plant (E.D. Tex.), 678
– Federal Creosote Superfund site, company that cleans up contaminated soil agrees to pay $1M criminal fine for its role in procurement fraud conspiracy (D.N.J.), 696
– “Mass action” under Class Action Fairness Act

– – Can be determined at time of filing, remand of suit related to wood treatment facility denied (7th Cir.), 670
– – Useful beacon for other courts, BNA Analysis & Perspective, 790

– Railroad tie exposure, stomach cancer claim denied (Tex. Dist. Ct.), 147

CRIMINAL LAW AND PROCEDURE

– Cal., hazardous waste hauling, last defendant in San Diego sting sentenced (Cal Super. Ct.), 328
– CAA

– – Asbestos removal, demolition business owner convicted and fined $250,000 (N.D. Cal.), 456
– – Chinese tractor imports, company pleads guilty (D. Or.), 921
– – Ice cream maker sentenced for failing to develop and implement risk management programs (M.D. Pa.), 998
– – “Knowing endangerment” reinstated in criminal case involving W.R. Grace vermiculite mine (U.S., rev sought), 369; (rev den), 549
– – Okla. City official and building superintendent appeal negligence sentence (10th Cir.), 86
– – St. Louis auto emissions inspectors indicted for allegedly falsifying tests, 3 cases (E.D. Mo.), 862

– Clean Water Act (CWA)

– – Biodiesel plant waste dumped in canal, farm owner pleads guilty (E.D. Mo.), 680
– – Deicing fluid dumped in Colorado River, 2-year prison sentence (D. Colo.), 493
– – Developer pleads guilty to not controlling runoff from construction site (E.D. Mo.), 14; prison sentence and restitution ordered, 416
– – Diesel fuel dumped into storm drain, mechanic sentenced (M.D. Fla.), 286
– – Gold and silver refining facility operator pleads guilty and agrees to pay $3M (D. Utah), 784
– – St. Louis-area metal plating firm owner indicted for illegal disposal (E.D. Mo.), 860
– – San Francisco Bay fuel spill, cargo ship pilot charged (N.D. Cal.), 250
– – “Significant nexus” to navigable waters, manufacturer's conviction vacated due to lack of jury instruction (U.S., rev sought), 756
– – Silver-tainted waste, former Fujicolor employee pleads guilty to filing false reports to conceal discharge (E.D. Tenn.), 552
– – “Waters of the United States,” Supreme Court declines to clarify definition (U.S.), 1072
– – Wetlands illegally filled, Miss. developer properly sentenced (5th Cir.), 136; (U.S., rev sought), 517; (brief filed), 757; (rev den), 917

– Colo., dry cleaner pleads guilty to illegal disposal and drying of PCE contaminated filters (Colo. Dist. Ct.), 522
– Conn. prosecutors cannot use RCRA definitions in state law hazardous waste prosecutions (Conn.), 388
– European Union (EU)

– – Harmonizing prosecution of environmental crimes, proposals approved by committee, 351
– – Pollution from ships, draft legislation to criminalize published, 256

– Federal procurement fraud, company that cleaned up contaminated soil at N.J. site agrees to pay $1M criminal fine for its role in conspiracy (D.N.J.), 696
– Mercury removed from gas regulators, natural gas company guilty of illegal storage (D.R.I.), 944
– Methamphetamine, cold medicine makers lack liability (E.D. Ark.), 146
– Oil refinery, BP explosion, district court ordered to take no action on plea agreement (5th Cir.), 204; victims ask J. Scalia to block plea deal (U.S., application filed), 573
– RCRA

– – Assessor sentenced to prison for violating hazardous waste disposal law (E.D. Mo.), 697
– – Cyanide from metal plating business, Tex. man pleads guilty to illegally storing hazardous waste (E.D. Tex.), 474; sentence of 37 months in prison and restitution, 1022
– – East Texas welding supply business owner sentenced (E.D. Tex.), 783
– – Prison sentence and fine for president of Or. company who admitted to felony violations (D. Or.), 490
– – Recycling firm owner sentenced for storing hazardous waste (S.D. Miss.), 137
– – St. Louis-area metal plating firm owner indicted for illegal disposal (E.D. Mo.), 860
– – Second violation, Ga. man sentenced to 16-month prison term (N.D. Ga.), 206

– Superfund, plea agreement in criminal case does not resolve civil liability (D.P.R.), 244
– Waste oil disposal records falsified, owner of cargo ship fined $750,000 for illegal dumping at sea (N.D. Cal.), 975
– Water pollution, Tex. agency denies El Paso County request to charge ASARCO, 207

CWA

See CLEAN WATER ACT (CWA)