Toxics Law Reporter Index-Summary

CAA

CAFOs

See CONCENTRATED ANIMAL FEEDING OPERATIONS (CAFOs)

CALIFORNIA

– In general

– – BPA, baby bottles and cups, Senate approves ban, 701; Assembly rejects, 1105
– – Climate change, Cal. greenhouse emission limits for cars, 18 states support EPA action (D.C. Cir.), 1201
– – Contaminated ground water from oil production waste, energy firm must pay cotton grower $8.5M in trespass case (Cal. Super. Ct.), 748
– – Cookie dough and E. coli, consumer sues Nestle (Cal. Super. Ct.), 790
– – CWA, Chevron and jet fuel tank farm to install controls at San Francisco Intl. Airport, 1203
– – Greenhouse emissions, recent state legislation, litigation, and executive action, Analysis & Perspective, 681
– – Hexavalent chromium dumping, pollution exclusion clause removes insurer duty to defend (Cal. Ct. App.), 845
– – Kinder Morgan challenges fairness of Los Angeles water board cleanup order for tank farm (Cal. Super. Ct.), 184
– – Lead in handbags and wallets, state environmental group threatens suit against retailers, 513
– – Mold, pollution exclusion clause, condominium management over-watering is not discharge of pollutants (Cal. Ct. App.), 199
– – Salmon, private party chemical coloring claims not preempted, DOJ amicus brief argues against review (U.S., rev sought), 9
– – Sewage treatment, San Ysidro plant to meet NPDES permit levels for Tijuana River effluent (S.D. Cal.), 794
– – Tuna and methyl-mercury, canning companies need not warn consumers of naturally occurring contaminant (Cal. Ct. App.), 370

– Asbestos

– – Mesothelioma, workplace exposure

– – – 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
– – – $4.6M award remanded (Cal. Ct. App.), 533
– – – 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
– – – 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 ship, civilian boiler worker exposure, $2.66M award upheld, punitive damages proper (Cal. Ct. App.), 1101
– – New trial proper where government samples improperly admitted (9th Cir.), 418; pipe-wrap samples barred in retrial (S.D. Cal.), 1072; status hearing set, 1109; suit dismissed, 1200
– – Personal injury and loss of consortium from workplace exposure, total amount of prejudgment interest may not be collected from each defendant (Cal. Ct. App.), 470
– – Toy fingerprint kits, class settlement proposed (Cal. Super. Ct.), 814

– Chemicals

– – Building and construction, mixed injury and property claims reinstated (Cal. Ct. App.), 368
– – Carcinogens and reproductive toxicants, labor code mechanism items must be added to Prop. 65 list (Cal. Super. Ct.), 601; OEHHA proposes adding 30 chemicals, 726; BPA not listed by DART, 875; styrene listing blocked, 991

– Clean Air Act (CAA)

– – Coarse particulate standards compliance, groups challenge EPA findings in San Joaquin Valley (9th Cir.), 66; EPA actions upheld, 346
– – Motor vehicles, greenhouse emissions

– – – Efficiency standards, EPA told to review state waiver requests, 150; EPA to hold hearings, take comments on possible reversal, 215; hearing date and comment deadline set, 281; proposed finding of endangerment to issue soon, 384; EPA sends proposed rule to White House, 422; White House clears proposal, 513; EPA grants state waiver, In Brief, 825
– – – Outlook 2009, 108

– – Nitrogen oxide, CEMEX Cal. Cement to reduce emissions and pay $2M fine in consent decree (C.D. Cal.), 97
– – 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
– – Volatile organic compounds, tank farm owner to pay $2.5M for false emissions data (N.D. Cal.), 878

– 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

– Drinking water

– – Fluoride contamination, county need not notify residents under Safe Drinking Water Act (Cal.), 795
– – Perchlorate contamination

– – – City sues businesses under state superfund law (Cal. Super. Ct.), 512
– – – Santa Clara Valley recharge costs not recoverable under Superfund (N.D. Cal.), 1018; labor costs recoverable, 1068

– Hazardous waste

– – Dumping, state and local governments sue Target, settle similar suit with Kmart (Cal. Super. Ct.), 762
– – Fraud, “as is” provision not bar to buyer suit against seller of contaminated property (Cal. Ct. App.), 811
– – Handling, U-Haul agrees to pay $2M and improve safety practices (Cal. Super. Ct.), 1049

– Oil spills

– – CWA, San Francisco Bay ship pilot pleads guilty to negligent discharge (N.D. Cal.), 345; ship operator offers plea deal, 637; pilot sentenced, 877; operator to pay $10M for criminal violations, 999
– – Oakland-San Francisco Bay Bridge collision, state sues M/V Cosco Busan for bunker fuel damage (Cal. Super. Ct.), 68

– Procedure

– – Arsenic and barium exposure and cancer, notice requirement in pollution exclusion buy back clause properly upheld (Cal. Ct. App.), 820
– – Avandia, failure to warn, cases lacking federal question or fraudulent joinder remanded (E.D. Pa.), 310; case meeting N.M. notice pleading standard remanded, 789
– – Beryllium exposure, Boeing workers properly denied class certification (Cal. Ct. App.), 1036
– – Chlordiazepoxide with clidinium bromide (CDP), suit by plaintiff who suffered no harm from recalled drug dismissed (N.D. Cal.), 580
– – Chlorinated solvents and other groundwater contamination at Contra Costa landfill, nuisance and trespass claims proceed, RCRA claims dismissed (N.D. Cal.), 1012
– – Port clean-trucks program likely preempted, remanded for injunction (9th Cir.), 422; preliminary injunction granted (C.D. Cal), In Brief, 590
– – Yaz contraceptives, state false advertising and consumer fraud claims dismissed (E.D. Cal.), 838

– Resource Conservation and Recovery Act (RCRA)

– – Contamination complaint lacking specific sections violated dismissed (N.D. Cal.), 1071
– – Riverside County, solid waste disposal facility on tribal land, $45.1M award against operator upheld (9th Cir.), 1070

– Superfund

– – Aerojet site, perchlorate contamination, Sacramento County sues for cleanup costs (E.D. Cal.), 819
– – Cooper Drum site, EPA orders 43 parties to clean up tainted soil and ground water, 316
– – Cost recovery, joint and several liability of arrangers in pesticide spills (U.S., oral arg), 270; judg rvs, 584; effects of decision, conferees discuss, 634; impact of decision, Analysis & Perspective, 711; reduced role of science in CERCLA, Analysis & Perspective, 826; cost apportionment by causation, Analysis & Perspective, 948; cleanup and settlement incentives decreased, Analysis & Perspective, 1002; divisibility defense, effect on use, Analysis & Perspective, 1075
– – Lawrence Livermore Natl. Lab., EPA orders Energy Dep't to restart cleanup and pay penalties, 60; cleanup resumes, 482
– – Palos Verdes Shelf site, DDT and PCB containment plans, EPA sets meetings to discuss, 734; cleanup plan announced, 1175
– – PCE and leaking sewer pipes, city may be liable as owner/operator (E.D. Cal.), 1107
– – Rialto-Colon basin groundwater contamination, unilateral administrative orders (UAOs), pattern and practice challenge rejected (9th Cir.), 994
– – San Gabriel Valley site, TCE, PCE, 1,4-dioxane, and perchlorate, ground water contamination, defendants to pay $21M in cleanup, 1044
– – Shooting range lead cleanup, contribution suit dismissed (9th Cir.), 904
– – Stringfellow site cleanup, state may stack insurance policies (Cal. Ct. App.), 64; waste contamination pond discharge, insurer exclusion does not bar coverage for indivisible pollution cleanup costs (Cal.), 380

– Tobacco

– – Daughter of deceased smoker awarded $13.8M in punitive damages (Cal. Super. Ct.), 1042
– – Deceptive advertising campaign, class decertification improper (Cal.), 624
– – Multiple injuries, guidance sought re state limitations period (9th Cir.), 502

CANADA

– Polluters and poachers, environmental enforcement legislation would raise fines, 349
– Toxics designation list, addition of bisphenol-A (BPA) and 12 other substances proposed, 631
– Trichloroethylene (TCE), ground water contamination, Northstar Aerospace to pay $3.5M, 749
– Volatile organic compound content in paint, dyes, and finishes, Environment Canada publishes final rule limiting, 1197

CANCER

– Aldara, side effects claim untimely where notice was given when physician ordered usage stopped (D. Utah), 265
– Arsenic and barium exposure, notice requirement in pollution exclusion buy back clause properly upheld (Cal. Ct. App.), 820
– Asbestos

See ASBESTOS

– Benzene

See BENZENE

– Breast cancer and hormone replacement therapy (HRT)

– – Prempro, failure-to-warn claims not preempted (Tex. Ct. App.), 532
– – Specific causation evidence inadmissible under state law (Minn. Ct. App.), 896
– – Time bar applies to nonresident suits under state law (Minn.), 1061
– – Wyeth ghostwriting documents unsealed (E.D. Ark.), 934

– Carcinogens and reproductive toxicants, labor code mechanism items must be added to Prop. 65 list (Cal. Super. Ct.), 601; OEHHA proposes adding 30 chemicals, 726; BPA not listed by DART, 875; styrene listing blocked, 991
– Chloroprene is likely carcinogen, draft toxicological review shows, 1149
– Diesel exhaust and multiple myeloma, studies on which expert bases opinion need not draw definitive causation conclusions (Neb.), 334
– Elidel, punitive damages claim insufficient for federal jurisdiction, suits remanded (D.N.J.), 750
– Ferox or diesel exhaust and bladder cancer, workplace exposure, expert testimony unreliable, dismissal proper (5th Cir.), 579
– Formaldehyde

– – Exposure may increase risk, Natl. Cancer Inst. study finds, 666
– – 1,4-dioxane, suit alleges child bathing products are carcinogenic (D.N.J.), 662

– Hazardous waste burning and carcinogen release, Iraq and Afghanistan veterans sue Halliburton and KBR (N.D. Okla.), 893; Senate committee probes hexavalent chromium and sodium dichromate exposure, 940
– Herbicide and diesel fuel mixture and leukemia, tree trimmer exposure suit dismissed (4th Cir.), 503
– Lung cancer

– – Asbestos

See ASBESTOS

– – Tobacco

See TOBACCO INDUSTRY

– Mesothelioma

See generally ASBESTOS

– Pendimethalin and S-ethyl dipropylcarbamothioate (EPTC), studies find link to pancreatic cancer, 702
– Pesticides

– – Organophosphates and acute lymphoblastic lymphoma (ALL), study shows possible link, 992
– – Waste disposal, Brazilians sue U.S. companies (S.D. Ind.), 559

– Radiation exposure, Uravan, Colo. uranium mine, personal injury and medical monitoring claims properly dismissed (10th Cir.), 1012
– Vinyl chloride, workplace exposure

– – Angiosarcoma, failure to warn, sophisticated user and bulk supplier defenses allowed (S.D.W. Va.), 1101
– – Intrahepatic cholangiocarcinoma, suit against chemical manufacturers and Am. Chemistry Council properly dismissed (1st Cir.), 932

CARBON DIOXIDE

– Climate change, ruling allowing common law nuisance claims against electric utilities to proceed may spur greenhouse gas suits, lawyers say (2d Cir.), 1124
– Coal plant emissions, capture and storage, Analysis & Perspective, 735
– Emissions limit for coal-fired electric generation plant must be set before construction can move forward (Ga.), 1177
– Emissions not a factor for power plant construction permits, EPA Adm'r Johnson says, 17; Sierra Club sues to block EPA memo (D.C. Cir.), 96; Adm'r Jackson reconsiders, declines to stay Johnson memo, 246; EPA proposes policy reversal, 1111
– Stationary sources emissions reporting, comment sought re proposed rule, 514; focus on emissions greater than 25,000 tons planned, 639; final rule released, 1155

CARBON MONOXIDE

– Clean Air Act (CAA)

– – CEMEX Cal. Cement to reduce emissions and pay $2M fine in consent decree (C.D. Cal.), 97
– – Chinese-made nonroad engines importer charged (D.D.C.), 675
– – Ductile iron pipe plant emissions, former managers sentenced re conspiracy convictions (D.N.J.), 563
– – Stationary compression ignition internal combustion engines, EPA agrees to clarify standards in settlement with Am. Petroleum Inst. (D.C. Cir.), 709

– Furnace emissions, pollution exclusion clause in CGL policy applies (5th Cir.), 565
– Medical waste incinerator emissions, EPA final rule would tighten limits, 1133; rule published, In Brief, 1181
– Motor vehicles, risk from poisoning in van parked outdoors with improperly installed exhaust system not obvious, summary judgment reversed (11th Cir.), 264
– Stationary engines, EPA proposes rule to reduce toxic emissions, 322

CARCINOGENS

See generally CANCER

CAUSATION

– Asbestos, other exposure evidence improperly barred, new trial ordered (Ill.), 556
– Benzene, myelogenous leukemia, lack of exposure evidence and workers' compensation coverage warranted judgment for chemical companies (Tex. Ct. App.), 232
– Expert testimony

See EXPERT WITNESSES

– Mercury-based thimerosal vaccines and autism

– – Epidemiologist testimony barred (Md.), 750
– – Special master finds no link (Fed. Cl.), 234

– Mold and respiratory problems

– – Pollution exclusion clauses, efficient proximate cause analysis not proper under Fla. law (11th Cir.), 609
– – Treating physician opinion sufficient to allow suit to go to trial (N.J. Super. Ct. App. Div.), 1192
– – Unreliability of scientific evidence warrants dismissal (N.Y. App. Div.), 36

– Propenyl chloride and anosmia, differential diagnosis test set, suit reinstated (6th Cir.), 531
– Radiation exposure and cancer and thyroid disease, Uravan uranium mine, personal injury and medical monitoring claims properly dismissed (10th Cir.), 1012

CEMENT

– Hazardous emissions, Outlook 2009, 117
– Mercury emissions of kilns, settlement includes EPA proposed limits on existing plants (D.C. Cir.), 95; proposed consent decree requires publication of standards, 151; proposed rule delayed, 455; proposed rule released, 542; industry concerned, 733; activists urge adoption, 767
– Nitrogen oxide emissions, CEMEX Cal. to reduce and pay $2M fine in settlement re CAA violations (C.D. Cal.), 97
– Performance standards emissions limits, new and modified plants, Sierra Club attorneys' fee award proper (9th Cir.), 730

CHEMICALS

– Acidic and caustic waste dumping, Crown Chem. officers sentenced and fined (N.D. Ill.), 214
– Agent orange, veteran claims against manufacturers barred by government contractor defense (U.S., rev den), 302
– Air pollution, wind tower builder settles state charges (Wis. Cir. Ct.), In Brief, 850
– Alkylation acid sludge, World War II aviation fuel manufacturing site, U.S. to pay $84M to oil firms for cleanup (Fed. Cl.), 508
– Ammonia

See AMMONIA

– Argon gas, workplace exposure, insurer not obligated to defend (N.D. Tex.), 708
– Arsenic

See ARSENIC

– Barium exposure and cancer, notice requirement in pollution exclusion buy back clause properly upheld (Cal. Ct. App.), 820
– BPA

See BISPHENOL-A (BPA)

– Building and construction, mixed injury and property claims reinstated (Cal. Ct. App.), 368
– Carbon tetrachloride, discretionary function exception to FTCA bars suit against Army for ground water contamination (N.D. Cal.), 198
– Chemical Assessment and Management Program (ChAMP), risk-based prioritization posting suspended as EPA reviews strategy, 764
– Chemical recycling facility, DOJ and 7 defendants reach tentative agreement in $9.8M site cleanup (D. Kan.), 43
– Chlorinated solvents and other groundwater contamination at Contra Costa, Cal. landfill, nuisance and trespass claims proceed, RCRA claims dismissed (N.D. Cal.), 1012
– Chlorine gas release after train derailment, shipping rates for hazardous materials are trade secrets, plaintiff may not obtain (Tex.), 1144
– Chloroprene is likely carcinogen, draft toxicological review shows, 1149
– Clean Air Act (CAA)

– – Isopropyl alcohol emissions, Am. Lab. to pay fine and install controls (D. Neb.), 760
– – Lead, chromium, manganese, or nickel compounds, chemical preparation facility particulate emissions standards proposed, 973
– – Manufacturing startup/shutdown/malfunction exemptions vacated (D.C. Cir.), 11; ruling stayed, 1153
– – Mononitrotoluene release, First Chemical to pay civil penalty and improve safety (S.D. Miss.), 1021

– Coal combustion waste disposal, groups seek reconsideration of proposed rule allowing open dumps, 18; fly ash, Envtl. Integrity Project urges EPA to toughen regulation, 69
– Commercial chemicals regulation, overhaul likely, Analysis and Perspective, 1205
– CWA nutrient regulation in streams needs new approach, Analysis & Perspective, 910
– Degreaser and caustics in public water supply, public works official who dumped and falsified documents sentenced for conspiracy (E.D.N.C.), 381
– Diacetyl

– – Insurer not liable under policies issued after initial diagnoses (N.J. Super. Ct. App.), 5
– – Popcorn lung, jury awards $7.5M compensatory damages to American Pop Corn worker and wife (N.D. Iowa), 367
– – Supplier not liable to workers whose employer was sophisticated user (Ohio Ct. App.), 1170

– Dichlorethylene and vinyl chloride contamination, Crestwood, Ill. water supply, village and officials sued (Ill. Cir. Ct.), 731
– Dichloropropenes, Toxic Substances and Disease Registry Agency announces toxicological profile updates, 185
– Disposal violations at W. Va. manufacturing plant, Bayer CropScience agrees to pay $1M, 343; methomyl residue treater involved in unrelated fire lacked permit, 587
– Drain cleaner, noxious fumes and bleeding, duty to indemnify under pollution exclusion clause certified to Haw. (9th Cir.), 876
– Draw compounds, sophisticated user status bars most GM worker claims against supplier, negligence claims may proceed (Mich. App. Ct.), 264
– Drinking water, water plant official charged with dumping chemical-laden sludge into Susquehanna River (N.Y. County Ct.), 383
– Drycleaning chemicals, owner not entitled to future cleanup cost award under Pa. law (3d Cir.), 637
– Emissions

– – Hazardous substances from paper plant, class claims dismissed (M.D. Ala.), 1041
– – Refiners, oil, and cement firms, Tex. commission settles claims, 998

– Explosion at La. plant, plaintiffs fail to establish medical causation from chemical release, judgment for Du Pont affirmed (La. Ct. App.), 134
– Ferox or diesel exhaust and bladder cancer, workplace exposure, expert testimony unreliable, dismissal proper (5th Cir.), 579
– Flame retardants

– – Pentabromodiphenyl ether (pentaBDE), OECD advises member states to review safety, 205
– – Polybrominated diphenyl ethers (PBDEs), Wash. bans manufacture, sale, and distribution, 139

– Flexipel in grout sealant and respiratory problems, distributor liability (N.D. Ga.), 872
– Fluoropolymers in grout sealer, CPSA does not create private cause of action re failure to report hazards, summary judgment for manufacturers and sellers (N.D. Ga.), 724
– Formaldehyde

– – 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
– – 1,4-dioxane, suit alleges child bathing products are carcinogenic (D.N.J.), 662

– 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, 940
– Herbicide and diesel fuel mixture, tree trimmer exposure suit dismissed (4th Cir.), 503
– Hexavalent chromium and pulmonary fibrosis, plaintiff cannot make blanket objection to admission of scientific proof (M.D. Ga.), 837
– Hydrochloric acid vapor, worker exposure from passing train, res ipsa loquitur does not apply, suit against CSX dismissed (6th Cir.), 836
– Hydrofluoric acid and hydrocarbons, pollution buyback agreements, only general policy provisions required insurer to defend action arising during coverage (Tex. Ct. App.), 200
– Hydrogen fluoride, failure to submit risk management plan, Simoniz to pay penalty and fund environmental projects, 510
– Hydrogen sulfide

See HYDROGEN SULFIDE

– Management challenges of EPA, GAO report addresses, 350
– Manganese fumes, workers file suit against welding rod manufactures for overexposure and nervous system disorders (E.D. Tex.), 38
– Marine Shale oilfield waste processing site, La. agency to oversee study and cleanup, 487
– Medical waste incinerator emissions, EPA final rule would tighten limits, 1133; rule published, In Brief, 1181
– Melamine, milk and dairy product contamination, Chinese courts agree to hear cases, 339
– Methamphetamine epidemic, decongestant manufacturers cannot be held liable for law enforcement cost, suit properly dismissed (8th Cir.), 39
– Multiple chemical sensitivity (MCS) and broken blood pressure monitor, evidence lacked Daubert reliability, suit dismissed (S.D.N.Y.), 8; motion to vacate denied, 267
– Nitric acid plants, new source review, suit demands EPA emissions standard review and regulation (D.D.C.), 211
– Noxious odors and emissions, class settlement preliminarily approved (W.D. Ky.), 811
– 1,2 dichloroethane contamination, farmer suit not time barred, summary judgment reversed (8th Cir.), 782
– Organic chlorinated solvents and toxic encephalopathy, study and occupational medicine specialist testimony excluded (W. Va. Cir. Ct.), 783
– Outlook 2009, 124; 126; 127
– PCBs

See POLYCHLORINATED BIPHENYLS (PCBs)

– PCE

See PERCHLOROETHYLENE (PCE)

– Pesticides

See PESTICIDES

– PFOA

See PERFLUOROOCTANOIC ACID (PFOA)

– Phthalates

See PHTHALATES

– Propenyl chloride and anosmia, differential diagnosis test set, suit reinstated (6th Cir.), 531
– Propyl bromide and neurological disorders, intentional workplace exposure, $7.48M verdict upheld (Miss.), 1098
– Registration, Evaluation, and Authorization of Chemicals (REACH) law

See EUROPEAN UNION (EU)

– Reproductive toxicants and carcinogens, labor code mechanism items must be added to Prop. 65 list (Cal. Super. Ct.), 601; OEHHA proposes adding 30 chemicals, 726; BPA not listed by DART, 875; styrene listing blocked, 991
– Resource Conservation and Recovery Act (RCRA)

– – Barrel recycling plant owner sentenced for caustic and hazardous waste dumping (N.D. Ind.), 345
– – Chlorine gas, improper disposal, water treatment firm foreman and president sentenced (E.D. Tex.), 674
– – Dry cleaning contaminants, state “No Further Remediation” letter does not bar suit (N.D. Ill.), 728
– – Hydrocarbon plume and ground water contamination, cleanup order not dischargeable in bankruptcy (7th Cir.), 1044
– – Improper hazardous materials transport and abandonment, manufacturer sentence proper (9th Cir.), 452
– – Manufacturing site owner/developer reaches agreement to clean up facility, 1177
– – Shawnee Mission Med. Center settles improper hazardous materials storage claims (EPA), In Brief, 642
– – Solvents, former owner of hazardous waste site cannot be sued for permit violation (D. Colo.), 272

– Salmon, private party chemical coloring claims not preempted, DOJ amicus brief argues against review (U.S., rev sought), 9
– Significant new use rules (SNURs), EPA issues direct final rule on intermediates, 1128
– Slush puppie beverages sold by filling station, petroleum-based contamination, insurer claims no duty to defend (M.D. Fla.), 990
– Spill prevention plans, EPA seeks comment re delay of rule easing requirements, 455
– Sulfur dioxide

See SULFUR DIOXIDE

– Sulfuric acid

– – Class certification not proper for evacuees of limited area train tanker leak (6th Cir.), 173
– – Intentional injury claim by Chevron worker reinstated under Utah workers compensation exception (Utah), 262
– – Manufacturers to pay $2M fine and close W. Va. plant (S.D.W. Va.), 539

– Superfund sites

– – Creosote cleanup, government alleges fraud in Kerr-McGee restructuring (Bankr. S.D.N.Y.), 670
– – Interlee, N.J. vinyl chloride contamination, liability-shifting costs not recoverable (D.N.J.), 994
– – National Priorities List, Griffiss Air Force Base, N.Y. removed, 483
– – Solvent Savers, N.Y., defendants agree to pay $14.8M in proposed consent decree (N.D.N.Y.), 271
– – Woodland Dump, Rohm & Haas will pay N.J. $1.4M for hazardous substance disposal (N.J. Super. Ct.), 611

– Toxic trespass, biomonitoring and environmental testing lead to ordinances and civil tort suits, Analysis & Perspective, 49
– Toys and games, EU legislation tightens restrictions on carcinogenic, mutagenic, or reprotoxic (CMR) substances, allergenic fragrances, and other toxins, 9
– Trichloroethylene (TCE)

See TRICHLOROETHYLENE (TCE)

– TSCA reform, environmental coalition and chemical industry group issue proposals, 974
– Vapor intrusion, ASTM VI Standard real estate proximity presumptions inappropriate, Analysis & Perspective, 768
– Vinyl chloride

– – Angiosarcoma, workplace exposure, failure to warn, sophisticated user and bulk supplier defenses allowed (S.D.W. Va.), 1101
– – Drinking water contamination, class certification proper in suit against Dow Chem. (La. Ct. App.), 622
– – Intrahepatic cholangiocarcinoma, workplace exposure, suit against chemical manufacturers and Am. Chemistry Council properly dismissed (1st Cir.), 932

– Volatile organic compounds

– – Landia Chemical, Fla. Superfund site, $8.5M settlement approved (M.D. Fla.), 1069
– – McGuire Air Force Base, N.J. Superfund site, federal facility cleanup agreement signed, 1131
– – Refrigerator water filters, product liability claims proceed under Conn. law (D.N.J.), 873
– – Stationary engines, EPA proposes rule to reduce toxic emissions, 322
– – Tank farm owner to pay $2.5M for false emissions data (N.D. Cal.), 878

CHILDREN'S HEALTH

– Air pollution from cadmium, manganese, and lead emissions, parents file class action alleging developmental and health issues (Ind. Cir. Ct.), 440
– Arsenic and barium exposure at high school, notice requirement in pollution exclusion buy back clause properly upheld (Cal. Ct. App.), 820
– Asbestos exposure

– – 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

– Ash contamination from lead, mercury, and arsenic, school board property falls under pollution exclusion clause (M.D. Fla.), 969
– Benzene and acute lymphoblastic leukemia, landfill leaching, verdict against city overturned (Tex.), 578
– BPA

See generally BISPHENOL-A (BPA)

– Consumer Product Safety Improvement Act (CPSIA)

– – Lead limits in paint, CPSC lowers, 42
– – Mandatory recall notices, CPSC publishes proposed rule setting, 417
– – Phthalates regulation difficult for CPSC and industry, Analysis & Perspective, 977
– – Secondhand goods and lead content, small business impact, CPSC seeks more discretion, 416

– Diphtheria-pertussis-tetanus vaccine

– – Seizure disorder, child entitled to compensation under Vaccine Act (Fed. Cir.), 786
– – Vaccine Act preempts design defect claim against manufacturer (3d Cir.), 471

– Drinking water, perchlorate contamination, EPA reevaluates preliminary determination not to regulate, 972
– E. coli and hemolytic uremic syndrome

– – Beef recall, mother of ill teenager sues JBS Swift (D. Colo.), 840
– – Cookie dough, parents of ill child sue Nestle (D. Colo.), 790

– Foreign manufacturers, limited liability for defective products harms U.S. consumers, Analysis & Perspective, 153
– Formaldehyde and 1,4-dioxane, suit alleges bathing products are carcinogenic (D.N.J.), 662
– Lead

– – Electronic devices, CPSC proposes limit exemptions based on EU rules, 139
– – Manufacturers, crafters, sellers, and resellers, CPSC revises and clarifies product guidance, 237; manufacturers predict job loss and bankruptcies, 238; final rule and exemption procedure issued, 374; final rule approved with testing exemptions, 1017

– Lead paint

– – Poisoning and learning disabilities from ingested chips, jury awards $7M (Miss. Cir. Ct.), 812; paint manufacturer seeks JNOV or new trial, 898
– – Toy imports and sales, OKK Trading to pay civil penalty, 815

– Mercury-based thimerosal vaccines

– – Autism

– – – Epidemiologist testimony barred (Md.), 750
– – – Special master finds no link (Fed. Cl.), 234

– – Neurological damage, design defect claims not preempted by Vaccine Act (U.S., rev sought), 660; Solicitor General view sought, 698

– Organophosphate pesticides and acute lymphoblastic lymphoma (ALL), study shows possible link, 992
– Paxil and birth defects, researchers must provide documents in suit against GlaxoSmithKline (D. Mass.), 1126
– Phthalates

See PHTHALATES

– Toys

See TOYS AND GAMES

– Trovan clinical trials and meningitis, Pfizer to pay Nigeria and study participants $75M, 938

CHINA

– Computer parts recycler, EPA and ICE raid re illegal dumping in China, 146
– 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
– Hydrocarbon, nitrogen oxide, and carbon monoxide emissions, Chinese-made nonroad engines importer charged with CAA violations (D.D.C.), 675
– Melamine, milk and dairy product contamination, courts agree to hear cases, 339

CHROMIUM

– CrVI or chromium-6

See HEXAVALENT CHROMIUM

CIGARETTES

See TOBACCO INDUSTRY

CITIZENS' SUITS

– CAFOs, EPCRA animal waste emissions reporting, pork producer suit closed (W.D. Wis.), 945
– Children's products, phthalates, existing stock may not be sold, CPSC safety standard opinion overruled (S.D.N.Y.), 236
– Clean Air Act (CAA)

– – Carbon dioxide, EPA Adm'r Johnson memo says emissions not a factor for power plant construction permits, Sierra Club sues to block EPA memo (D.C. Cir.), 96; Adm'r Jackson reconsiders, declines to stay Johnson memo, 246
– – Cement plants, performance standards emissions limits, Sierra Club attorneys' fee award proper (9th Cir.), 730
– – Coarse particulate standards compliance, Cal. groups challenge EPA findings in San Joaquin Valley (9th Cir.), 66; EPA actions upheld, 346
– – Global warming gas emissions, Tex. environmental group seeks regulation (Tex. Dist. Ct.), 1202
– – Hazardous pollutants standards, Sierra Club seeks order directing EPA review and revision (N.D. Cal.), 97
– – Large marine engines, EPA gets more time to set emission standards (D.C. Cir.), 210; witnesses seek particulate standards, 975
– – Manufacturing startup/shutdown/malfunction exemptions vacated (D.C. Cir.), 11; ruling stayed, 1153
– – Mercury

See MERCURY

– – New source review

– – – National Resources Defense Council sues EPA over new rule on fugitive emissions in facility modifications (D.C. Cir.), 276; rule stayed, 1156
– – – Nitric acid plants, suit demands EPA emissions standard review and regulation (D.D.C.), 211
– – – Ozone nonattainment areas, interim EPA rule allowing regional emissions trading remanded (D.C. Cir.), 842

– – Non road construction equipment emissions, American Rd. and Transp. Builders Ass'n (ARTBA) sues EPA for failure to enforce (D.C. Cir.), 564
– – Particulate emissions, county nonattainment designations upheld, one remand (D.C. Cir.), 821
– – Power plants

– – – Hazardous emissions, coalition wants EPA maximum achievable control technology (MACT) standards set (D.C. Cir.), 13; Sierra Club and others plan challenge to Johnson memorandum, 44; EPA considers new standards, 848
– – – Opacity violations, Indian River Power consent order bars citizens' suit (D. Del.), 906

– – Prevention of significant deterioration (PSD) permit, TVA Bull Run power plant modifications, summary judgment denied (E.D. Tenn.), 509
– – San Joaquin Valley ozone rules, EPA sued for failure to timely set (N.D. Cal.), 43; EPA rejects one-hour ozone standard attainment plan, 66; nonattainment areas may fine contributing sources, 67
– – Shell to pay $5.8M penalty and reduce “upset” emissions at Deer Park, Tex. plant (S.D. Tex.), 564

– Clean Air Mercury Rule (CAMR) emissions trading program, states, environmental, and American Indian groups oppose Utility Air Regulatory Group and EPA request for review (U.S., brief filed), 147; EPA to set standards, government moves to dismiss, 209; new administration has opportunity to use MACT, coordinate CAMR and CAIR, 248; (rev den), 274
– Clean Water Act (CWA)

– – Chesapeake Bay Foundation sues EPA for stronger regulation to ensure cleanup by 2015 (D.D.C.), 45
– – Coal, acid drainage from abandoned mines, state must get National Pollutant Discharge Elimination System (NPDES) permits (N.D.W. Va.), 148; southern sites also require NPDES permits (S.D.W. Va.), 1019
– – Gold mining waste discharge, froth-flotation mills, regulatory jurisdiction (U.S., oral arg), 62; Army Corps permit upheld (judg rvs), 758; injunction lifted (9th Cir.), 844
– – Lake Okeechobee, Fla., NPDES permit not needed for water transfer, judgment reversed (11th Cir.), 705
– – Metals in illegal waste discharge, Atlantic Wire pleads guilty, settles for $1.5M (Conn. Super. Ct.), 44; VP pleads guilty in related suit (D. Conn.), 879
– – Mining contamination, Mount Baker-Snoqualmie Natl. Forest, government moves to dismiss, says CERCLA pre-cleanup bars suit (W.D. Wash.), 342
– – Mosquito spraying without NPDES permit, prevailing party entitled to attorneys' fees (9th Cir.), 878
– – Mountaintop coal mining

– – – Orders blocking permits reversed (4th Cir.), 241; (U.S., rev sought), 1046
– – – Stream buffer zone rule stands, challenge proceeds (D.D.C.), 997

– – Selenium release, Bridge Fork Surface Mine, W. Va., state consent order no bar to suit (S.D.W. Va.), 1019
– – Substantially prevailing party, environmental group denied attorneys' fee award under catalyst theory (5th Cir.), 14

– Coal mining waste sludge ponds, dismissal agreement ends quest for EPA regulation (D.C. Cir.), 181
– N.J. Environmental Rights Act advance notice requirements, failure to comply not curable (D.N.J.), 512; class certified in remaining suit, 1193
– Oil waste dumped into Amazon, final arguments prepared in Ecuadorian citizens' $27B suit against Chevron, 602
– Resource Conservation and Recovery Act (RCRA)

– – Benzene, contaminated drums, state law conspiracy remanded (N.D. Ill.), 586
– – Comparable fuels rule, suit seeks to prevent burning of hazardous waste (D.C. Cir.), 420; withdrawal proposed, 1023
– – Contamination complaint lacking specific sections violated dismissed (N.D. Cal.), 1071
– – Dry cleaning contaminants, state “No Further Remediation” letter does not bar suit (N.D. Ill.), 728
– – EPA-authorized state hazardous waste program, implementation challenge must be heard in state court (S.D. Ohio), 98
– – Fort Meade, Md. sues to enforce Army cleanup order (D. Md.), 13
– – Gasoline spill, injunction for immediate cleanup denied (E.D. Wis.), 995
– – Ground water contamination from road salt in undeveloped land does not pose actionable imminent and substantial threat (S.D.N.Y.), 145
– – Informal EPA assent to RI/FS plan and state implementing expenditures bar cleanup suit (E.D.N.Y.), 180
– – Lead, shooting range does not need pollution discharge permit (2d Cir.), 941
– – Mercury contamination, natural gas well operator to clean up and replace meters (W.D. La.), 820
– – Perchloroethylene (PCE) and trichloroethylene (TCE) plume, default judgment and sanctions entered against paint manufacturer re discovery violations (S.D. Ind.), 757
– – Petroleum contamination, Esso entitled to trial on liability, injunction reversed in part (1st Cir.), 756
– – Solvents, former hazardous waste site owner cannot be sued for permit violation (D. Colo.), 272

– Sierra Club

– – Executive Dir. Carl Pope to step down, focus on climate change, In Brief, 152
– – State enforcement orders used to repel federal environmental complaints, lawyer says, 387

– Standing

– – Lake Michigan lead contamination from federally-run shooting range bullets, Chicago-area resident suit properly dismissed (7th Cir.), 1067
– – Timber sales, affidavits must show specific future injury in environmental groups' challenge to agency action (U.S., judg rvs), 317; U.S. Supreme Court Term, Review, 2008-2009, Analysis & Perspective, 1113

– Superfund

– – EPA ordered to publish list of industries that must establish financial assurance (N.D. Cal.), 315; suit to force promulgation of regulations dismissed, 967
– – Mount Baker-Snoqualmie Natl. Forest, Wash. cleanup, §113 pre-enforcement review bar precludes CWA suit (W.D. Wash.), 705

– Waste emissions reporting, pork producers sue to block EPA rule requiring (D.C. Cir.), 144

CLASS ACTIONS

– Air pollution from cadmium, manganese, and lead emissions, parents file suit alleging harm to children (Ind. Cir. Ct.), 440
– ABA conference, agenda announced, 1065
– Asbestos, W.R. Grace, Zonolite Attic Insulation (ZAI) settlement preliminarily approved for 16,000 homeowners (Bankr. D. Del.), 135; state enjoined from pursuing fines, 420
– Bextra and Celebrex, $894M settlement agreement gets preliminary approval (N.D. Cal.), 411
– Celexa and Lexapro, class may not consolidate action with MDL proceeding (E.D. Mo.), 659
– Chemical explosion at La. plant, plaintiffs fail to establish medical causation from fume release, judgment for Du Pont affirmed (La. Ct. App.), 134
– Class certification

– – Benzene release, federal court denying certification retains jurisdiction under CAFA (W.D. La.), 198
– – Beryllium exposure, Boeing workers properly denied (Cal. Ct. App.), 1036
– – Drinking water, vinyl chloride contamination, certification proper in suit against Dow Chem. (La. Ct. App.), 622
– – Evidentiary standards changing balance of power, Analysis & Perspective, 1024
– – Formaldehyde exposure in 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
– – Gabapentin, class of off-label users decertified after finding some suffered no injury (Pa. Ct. Comm. Pleas), 268; plaintiffs appeal (Pa. Super. Ct.), 751
– – Ground water contamination from Raytheon Co. chemical leak, class of property owners certified (M.D. Fla.), 1168
– – Hydrogen sulfide, oil well releases endanger health and property values, class certified (S.D. Ill.), 305
– – Ketek, fraudulent concealment, nonparties may not be deposed during certification proceedings (E.D.N.Y.), 581
– – Neurontin and suicidal behavior, general causation evidence allowed (D. Mass.), 603; certification denied, 626
– – Pipeline removal site asbestos contamination, easement and property owner class decertified and remanded (Colo. Ct. App.), 895
– – Sulfuric acid leak, certification not proper for evacuees of limited area train tanker spill (6th Cir.), 173
– – Tobacco, deceptive advertising campaign, decertification improper (Cal.), 624
– – Ultraviolet rays and indoor tanning services, certification vacated, failure-to-warn suits remanded (3d Cir.), 960
– – Vioxx, lack of predominance precludes certification (N.J. Super. Ct.), 415

– Deceptive ads for light cigarettes, state claims may proceed (Mass.), 444
– Dibromochloropropane (DBCP), occupational exposure and sterility

– – Banana farm, Cent. Am. workers may maintain separate suits to avoid removal under CAFA (C.D. Cal.), 366
– – Pineapple and banana farm, W. African workers may maintain separate suits to avoid removal under CAFA (9th Cir.), 441; (U.S., rev den), 1170

– Dioxin, Dow Chem. Midland, Mich. plant, property value decline suit remanded (Mich.), 933
– Drinking water, lead levels, D.C. Water and Sewage Auth. faces suit re cover-up (D.C. Super. Ct.), 263
– 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
– Fen-phen plaintiffs' attorneys disbarred after fraud conviction, forfeit $30M of settlement (E.D. Ky.), 476
– Formaldehyde and 1,4-dioxane, suit alleges child bathing products are carcinogenic (D.N.J.), 662
– 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, 940
– History and future predictions, Analysis & Perspective, 458
– Hydroxycut and liver problems, suits filed (D. Mass, N.D. Ala.), 604
– Legislative agenda, litigation reform, Outlook 2009, 70
– Metal-like dust and flake emissions, U.S. Steel settlement with neighbors upheld (6th Cir.), 1145
– Noxious odors and chemical emissions

– – Hazardous substances from paper plant, claims dismissed (M.D. Ala.), 1041
– – Settlement preliminarily approved (W.D. Ky.), 811

– Perfluorooctanoic acid (PFOA) exposure

– – Birth defects and preeclampsia, researchers report findings, 448
– – Water contamination, nuisance class certified (D.N.J.), 1193

– Residency requirements, Okla. governor signs reform bill, 663
– Trichloroethylene (TCE)

– – Ground water contamination, Northstar Aerospace to pay $3.5M, 749
– – Suit may proceed despite Superfund cleanup activities (S.D. Ohio), 558

– U.S. actions with foreign citizens, risk of redundant litigation, Analysis and Perspective, 1182
– USTs, contaminated gasoline, $25M settlement approved (S.D.W. Va.), 473
– Volatile organic compounds, refrigerator water filters, product liability claims proceed under Conn. law (D.N.J.), 873
– Yaz contraceptives, Cal. false advertising and consumer fraud claims dismissed (E.D. Cal.), 838
– Zinc, cadmium, arsenic, and lead contamination, state-led cleanup no bar to challenge, suit remanded under CAFA (W.D. Okla.), 585; remand proper (10th Cir.), 1060

CLEAN AIR ACT (CAA)

– Asbestos

– – False statements during V.I. demolition project, abatement contractors sentenced to jail (3d Cir.), 1178
– – New trial proper where government samples improperly admitted (9th Cir.), 418; pipe-wrap samples barred in retrial (S.D. Cal.), 1072; status hearing set, 1109; suit dismissed, 1200
– – Workplace exposure, mesothelioma, death rates rise, NIOSH study finds, 582

– Carbon dioxide emissions not factor for power plant construction permits, EPA Adm'r Johnson says, 17; Sierra Club sues to block EPA memo (D.C. Cir.), 96; Adm'r Jackson reconsiders, declines to stay Johnson memo, 246; EPA proposes policy reversal, 1111
– Citizens' suits

See CITIZENS' SUITS

– Coal-fired power plants

– – Maysville, Ky., EPA to take final action on permit under proposed consent decree (E.D. Ky.), 1048
– – Mercury emissions, state limits preempted (Pa. Commonw. Ct.), 183
– – National Ambient Air Quality Standards, Va. governor orders emissions surveys of grandfathered plants, 798
– – Prevention of significant deterioration (PSD)

– – – Expired permit, Benton, Ill. plant may not build with (U.S., rev den), 793
– – – Multiple modifications violate provisions (D. Kan.), 210

– – Sulfur dioxide and nitrogen oxide emissions, Ohio Edison to retrofit for biomass fuels in consent decree modifications (S.D. Ohio), 970

– Criminal law and procedure

– – Ductile iron pipe plant emissions, former managers sentenced re conspiracy convictions (D.N.J.), 563
– – Electroplating, cyanide release, Columbia Am. Plating owner gets prison time and fine (D. Or.), 98
– – W.R. Grace, trial set on knowing endangerment charges re Libby, Mont. vermiculite mine (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

– Disposal violations at W. Va. plant, Bayer CropScience agrees to pay $1M, 343; methomyl residue treater involved in unrelated fire lacked permit, 587
– Emissions standards

– – Asphalt refining and manufacturing, EPA seeks comment on proposed rule to set generally available control technology (GACT) for area source toxic emissions, 822; proposed rule published, In Brief, 850
– – Hazardous pollutants, EPA proposes for small aluminum and copper foundries, 101; final rule issued, 797
– – Large marine engines, EPA gets more time to set (D.C. Cir.), 210; witnesses seek particulate standards, 975
– – Perchloroethylene (PCE), drycleaner limits, EPA seeks remand to review (D.C. Cir.), 484
– – Power plant steam generating units, rule remanded (D.C. Cir.), 1109

– Erie Coke Corp. faces suit re ongoing emissions violations (W.D. Pa.), 1154
– Greenhouse emissions

– – Climate change, ruling allowing common law nuisance claims against electric utilities to proceed may spur greenhouse gas suits, lawyers say (2d Cir.), 1124
– – Endangerment finding, state attorneys general ask for quick decision, 217; proposed finding of endangerment to issue soon, 384; EPA sends proposed rule to White House, 422; White House clears proposal, 513; proposed rule released, 541; OMB memo notes impact on small business, 612; national standards expected soon , 732; U.S. Chamber of Commerce seeks formal hearing, 766
– – Energy companies to pay $7M and install pollution controls (D. Utah), 540; Colorado Interstate Gas to pay $1M fine, 907
– – Mandatory cap

See LEGISLATION, FEDERAL, HR 2454

– – Motor vehicles

See MOTOR VEHICLES

– – Nitrogen oxide, CEMEX Cal. Cement to reduce and pay $2M fine in consent decree (C.D. Cal.), 97
– – Regulation under §115, Analysis & Perspective, 425
– – Stationary sources emissions reporting, comment sought re proposed rule, 514; focus on emissions greater than 25,000 tons planned, 639; final rule released, 1155

– Hydrocarbon, nitrogen oxide, and carbon monoxide emissions, Chinese-made nonroad engines importer charged (D.D.C.), 675
– Lead, airborne particle monitoring, EPA to reconsider requirements, 908
– New source review

– – Cinergy failed to timely disclose witness pay, new trial ordered (S.D. Ind.), 12; jury finds 2 violations, 674
– – EPA delays implementation of emissions aggregation rule, 245; delay extended, 638
– – Nitric acid plants, suit demands EPA emissions standard review and regulation (D.D.C.), 211
– – Power plants, coal-fired

– – – Louisiana Generating sued for failure to install best available control technology and obtain modification permit (M.D. La.), 277
– – – Unreviewed modifications, Midwest Generation faces suit (N.D. Ill.), 1047

– Outlook 2009, 102; 106
– Ozone

See OZONE

– Particulate matter emissions

– – Air quality standards

– – – Fine particulate matter remanded, larger particles upheld (D.C. Cir.), 274
– – – Nonattainment for fine particles, designations flawed, parties argue (D.C. Cir.), 484

– – Final rule announced, nonmetallic minerals processing limited, 543
– – Kentucky Utils. Co. to reduce and pay $136M under proposed consent decree (E.D. Ky.), 183
– – Lead, chromium, manganese, or nickel compounds, chemical preparation facility standards proposed, 973
– – Power plants, $1B pollution controls ordered, TVA plans appeal (W.D.N.C.), 675

– Proposed rules, crafting useful comments, Practice Tip, 593
– Refineries

See REFINERIES

– Settlements

– – Ammonia release, explosion, chemical manufacturer to pay civil penalty and improve safety (W.D. Ky.), 1021
– – Boston bus company to pay $650,000 civil penalty for idling violations (D. Mass.), 947
– – BP agrees to pay $180M in pollution control and penalties for Texas City, Tex. refinery violations in proposed consent decree (N.D. Ind.), 276
– – Frontier Ref. to invest $127M in pollution controls and pay penalty in proposed decree (D. Kan.), 243
– – Isopropyl alcohol emissions, Am. Lab. to pay fine and install controls (D. Neb.), 760
– – Mononitrotoluene release, First Chemical to pay civil penalty and improve safety (S.D. Miss.), 1021
– – Shell to pay $5.8M penalty and reduce “upset” emissions at Deer Park, Tex. plant (S.D. Tex.), 564
– – Simoniz to pay penalty and fund environmental projects re failure to submit risk management plan, 510
– – Southwire Co. aluminum plant to pay civil penalty for violations (W.D. Ky.), 906
– – Stationary compression ignition internal combustion engines, EPA agrees to clarify standards in settlement with Am. Petroleum Inst. (D.C. Cir.), 709
– – Sulfuric acid manufacturers to pay $2M fine and close W. Va. plant (S.D.W. Va.), 539
– – Wyoming Ref. to pay $14M in improvements and penalties per proposed consent decree (D. Wyo.), 244

– State enforcement orders used to repel federal environmental complaints, Sierra Club lawyer says, 387
– Volatile organic compounds, tank farm owner to pay $2.5M for false emissions data (N.D. Cal.), 878

CLEAN WATER ACT (CWA)

– Chevron and jet fuel tank farm to install controls at San Francisco Intl. Airport, 1203
– Citizens' suits

See CITIZENS' SUITS

– Coal

See COAL

– Copper, rejection of water pollution discharge permit for Ariz. mining company stands (U.S., rev den), 62
– Criminal law and procedure

– – Acidic and caustic waste dumping, Crown Chem. officers sentenced and fined (N.D. Ill.), 214
– – Degreaser and caustics in public water supply, public works official who dumped and falsified documents sentenced for conspiracy (E.D.N.C.), 381
– – Ductile iron pipe plant emissions, former managers sentenced re conspiracy convictions (D.N.J.), 563
– – Effluent discharge, Louisiana Land & Water and exec indicted (W.D. La.), 707
– – Fertilizer plant owner pleads guilty to releasing contaminated waste water in city sewers (D. Kan.), 321
– – Mississippi River terminal operator pleads guilty re oil discharge (E.D. Mo.), 480; manager and supervisor sentenced, 794
– – Municipal water treatment plant, pollutant discharge coverup, operator sentenced (W.D.N.C.), 674

– Definition of waters

See LEGISLATION, FEDERAL, S 787

– “Discharge of dredged material,” Army Corps and EPA clarify definition, 16
– Disposal violations at W. Va. plant, Bayer CropScience agrees to pay $1M, 343; methomyl residue treater involved in unrelated fire lacked permit, 587
– Enforcement

– – House committee agenda includes clarification after Rapanos decision, 101
– – Reports re state compliance and enforcement actions to be on EPA web site, 824; online forum solicits public input, In Brief, 976

– Lead, shooting range does not need pollution discharge permit (2d Cir.), 941
– Metals discharges, Patriot Coal to pay $6.5M and implement preventive measures (S.D.W. Va.), 214
– Mountaintop mining waste, ban on dumping into rivers and streams

See LEGISLATION, FEDERAL, HR 1310, S 696

– Nutrient regulation in streams needs new approach, Analysis & Perspective, 910
– Oil and gas

See OIL AND GAS
– – Spills

See SPILLS

– Outlook 2009, 102; 114; 114
– Pesticides

– – Illegal discharge and improper waste storage, firm and owner plead guilty (W.D. Mo.), 182; owner sentenced, 1072
– – National Pollutant Discharge Elimination System (NPDES) permits, state officials seek stay of ruling vacating exemptions, 456; Senators urge rehearing, 480; EPA seeks 2-year stay (6th Cir.), 510; stay granted, 759; rehearing denied , 946

– Rock Creek, Alaska gold mine, storm water discharge claims settled (D. Alaska), 636
– Sewage treatment, San Ysidro, Cal. plant to meet NPDES permit levels for Tijuana River effluent (S.D. Cal.), 794
– Spills

See SPILLS

– State enforcement orders used to repel federal environmental complaints, Sierra Club lawyer says, 387
– Wetlands

See WETLANDS

– Zinc effluent discharge, Red Dog Mine, Alaska, Teck Alaska to pay civil penalties, 1110

CLIMATE CHANGE

See GLOBAL WARMING

COAL

– Clean Air Act (CAA)

– – Coalition wants EPA maximum achievable control technology (MACT) standards set (D.C. Cir.), 13; Sierra Club and others plan challenge to Johnson memorandum, 44; EPA considers new standards, 848
– – Preparation and processing plants, EPA sets more stringent emission standards, 1180

– Clean Water Act (CWA)

– – Acid drainage from abandoned mines, state must get National Pollutant Discharge Elimination System (NPDES) permits (N.D.W. Va.), 148; southern sites also require NPDES permits (S.D.W. Va.), 1019
– – Ash sludge, residents allege TVA spill was foreseeable, seek damages (E.D. Tenn.), 263
– – Metals discharges, Patriot Coal to pay $6.5M and implement preventive measures (S.D.W. Va.), 214
– – Mountaintop mining, orders blocking permits reversed (4th Cir.), 241; (U.S., rev sought), 1046

– Coal-fired power plants

– – Approval reversed, emissions limit must be set before construction can move forward (Ga.), 1177
– – Carbon capture and storage, Analysis & Perspective, 735
– – Carbon dioxide emissions not factor for construction permits, EPA Adm'r Johnson says, 17; Sierra Club sues to block EPA memo (D.C. Cir.), 96; Adm'r Jackson reconsiders, declines to stay Johnson memo, 246; EPA proposes policy reversal, 1111
– – Fine particle emissions, EPA order re Trimble County, Ky. Generating Station raises concerns about policy changes, lawyers say, 1157; suit settled, EPA to review operating permits (D.D.C.), 1201
– – Maysville, Ky., EPA to take final action on permit under proposed consent decree (E.D. Ky.), 1048
– – Mercury emissions, state limits preempted (Pa. Commonw. Ct.), 183
– – National Ambient Air Quality Standards, Va. governor orders emissions surveys of grandfathered plants, 798
– – New source review

– – Prevention of significant deterioration (PSD)

– – – Benton, Ill. plant may not build with expired permit (U.S., rev den), 793
– – – Multiple modifications violate provisions (D. Kan.), 210
– – – TVA Bull Run power plant modifications and permit, summary judgment denied (E.D. Tenn.), 509

– – Public nuisance, North Carolina v. TVA theory may prevail in other tort areas, Analysis & Perspective, 352
– – Sulfur dioxide and nitrogen oxide emissions

– – – Ohio Edison to retrofit for biomass fuels in consent decree modifications (S.D. Ohio), 970
– – – Steam generating units, rule remanded (D.C. Cir.), 1109

– – Waste water discharge, effluent guidelines, EPA plans revision, 1112

– Combustion waste disposal, groups seek reconsideration of proposed rule allowing open dumps in mines, 18; fly ash, Envtl. Integrity Project urges EPA to toughen regulation, 69
– Fly ash

– – Constellation Power Generation settlement approved (Md. Cir. Ct.), In Brief, 42
– – Impoundments, standards

See LEGISLATION, FEDERAL, HR 493

– Waste sludge ponds, dismissal agreement ends quest for EPA regulation (D.C. Cir.), 181

COLORADO

– Asbestos removal

– – Pipeline site contamination, easement and property owner class decertified and remanded (Colo. Ct. App.), 895
– – Remodeler indicted re employee exposure and improper waste disposal (Colo. Dist. Ct.), 16

– Chemical weapons destruction at Army facility, federal law preempts state effort to impose deadline (D. Colo.), 1154
– Cookie dough, E. coli and hemolytic uremic syndrome, parents of ill child sue Nestle (D. Colo.), 790
– Metal extraction firm owner sentenced re hazardous waste violations (Colo. Dist. Ct.), 1155
– Precious metals recovery business ordered to identify and clean up contaminants under state Hazardous Waste Act (Colo. Dist. Ct.), 382
– Radiation exposure and cancer and thyroid disease, Uravan uranium mine, personal injury and medical monitoring claims properly dismissed (10th Cir.), 1012
– Superfund, contribution, polluter may not recover more than damages suffered (10th Cir.), 668

COMPUTERS

– Parts recycler, EPA and ICE raid re illegal dumping in China, 146

CONCENTRATED ANIMAL FEEDING OPERATIONS (CAFOs)

– EPCRA, animal waste emissions reporting, pork producer suit closed (W.D. Wis.), 945
– Management challenges of EPA, GAO report addresses, 350
– Poultry waste, insured must help insurer pursue defense contribution (Minn. Ct. App.), 673
– San Joaquin Valley, Cal. ozone rules, EPA sued for failure to timely set (N.D. Cal.), 43; EPA rejects one-hour ozone standard attainment plan, 66; nonattainment areas may fine contributing sources, 67
– Waste emissions reporting, pork producers sue to block EPA rule requiring (D.C. Cir.), 144

CONFERENCES AND MEETINGS

– Ed. Note: A list of upcoming events appears in the Journal section of select issues.
– American Bar Ass'n (ABA)

– – Environmental Law Conf., 387
– – Natl. Inst. on Class Actions, agenda announced, 1065

– Organization for Economic Cooperation and Development nanomaterials risk assessment workshop, 1129
– Washington Legal Found. Superfund cost recovery seminar, 634

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.
– Overview of pending bills, chart, 1084

CONNECTICUT

– Asbestos, Navy shipworker exposure, military contractor defense prevents remand (D. Conn.), 893
– Bisphenol-A (BPA), infant and reusable food containers, legislature approves ban, 665; governor signs, 752
– Climate change, ruling allowing common law nuisance claims against electric utilities to proceed may spur greenhouse gas suits, lawyers say (2d Cir.), 1124
– CWA, metals in illegal waste discharge, Atlantic Wire pleads guilty, settles for $1.5M (Conn. Super. Ct.), 44; VP pleads guilty in related suit (D. Conn.), 879
– Superfund, cost recovery

– – Polychlorinated biphenyl (PCB) contamination, unpreserved soil sample evidence barred (D. Conn.), 670
– – Tar and oil contamination, manufactured gas plant parent company has no operator liability (D. Conn.), 669

– Volatile organic compounds, refrigerator water filters, product liability claims proceed under state law (D.N.J.), 873

CONSTITUTIONAL LAW

– Anhydrous ammonia spill, anti-preemption amendment to Federal Railroad Safety Act, railroads challenge (U.S., rev den), In Brief, 632

COPPER

– CAA, hazardous pollutants, EPA proposes emissions standards for small foundries, 101; final rule issued, 797
– CWA, rejection of pollution discharge permit for Ariz. mining company stands (U.S., rev den), 62
– Dental cream with zinc causing deficiency and neurological injuries, MDL panel consolidates suits, 725
– Fraudulent stock transfer, Grupo Mexico must pay $6B to ASARCO (S.D. Texas), 511; $1.1B settlement approved, 731
– Superfund, refinery slag, disturbing contaminants during site investigation not disposal (D.N.J.), 792

CRIMINAL LAW AND PROCEDURE

– Asbestos

– – Outlook 2009, 106
– – Removal, remodeler indicted re employee exposure and improper waste disposal (Colo. Dist. Ct.), 16

– Clean Air Act (CAA)

– – Asbestos, new trial proper where government samples improperly admitted (9th Cir.), 418; pipe-wrap samples barred in retrial (S.D. Cal.), 1072; status hearing set, 1109; suit dismissed, 1200
– – Boston bus company to pay $650,000 civil penalty for idling violations after jury enters guilty verdict (D. Mass.), 947
– – BP agrees to pay $180M in pollution control and penalties for Texas City, Tex. refinery violations in proposed consent decree (N.D. Ind.), 276
– – Hydrocarbon, nitrogen oxide, and carbon monoxide emissions, Chinese-made nonroad engines importer charged (D.D.C.), 675
– – Isopropyl alcohol emissions, Am. Lab. to pay fine and install controls (D. Neb.), 760
– – Louisiana Generating sued for failure to install best available control technology and obtain modification permit in coal-fired power plant (M.D. La.), 277
– – New source review, Cinergy failed to timely disclose witness pay, new trial ordered (S.D. Ind.), 12; jury finds 2 violations, 674
– – New source review lacking, Midwest Generation sued for coal-fired power plant modifications (N.D. Ill.), 1047
– – Power plants, coal-fired, prevention of significant deterioration provisions violated by multiple modifications (D. Kan.), 210
– – Volatile organic compounds, tank farm owner to pay $2.5M for false emissions data (N.D. Cal.), 878
– – W.R. Grace set for trial on knowing endangerment charges re vermiculite mine (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

– Clean Water Act (CWA)

– – Acidic and caustic waste dumping, Crown Chem. officers sentenced and fined (N.D. Ill.), 214
– – Effluent discharge, Louisiana Land & Water and exec indicted (W.D. La.), 707
– – Metals in illegal waste discharge, Atlantic Wire pleads guilty, settles for $1.5M (Conn. Super. Ct.), 44; VP pleads guilty in related suit (D. Conn.), 879
– – Mississippi River terminal operator pleads guilty re oil discharge (E.D. Mo.), 480; manager and supervisor sentenced, 794
– – Municipal water treatment plant, pollutant discharge coverup, operator sentenced (W.D.N.C.), 674
– – Mystic River, Mass. oil spill, ExxonMobil Pipeline agrees to pay $6.2M in plea agreement (D. Mass.), 14; sentencing, 588
– – Pesticides, illegal discharge and improper waste storage, firm and owner plead guilty (W.D. Mo.), 182; owner sentenced, 1072

– Degreaser and caustics in public water supply, public works official who dumped and falsified documents sentenced for conspiracy (E.D.N.C.), 381
– Ductile iron pipe plant emissions, former managers sentenced re conspiracy convictions (D.N.J.), 563
– Hazardous waste

– – Corrosive and flammable material dumping, state and local governments sue Target, settle similar suit with Kmart (Cal. Super. Ct.), 762
– – Handling, U-Haul agrees to pay $2M and improve safety practices (Cal. Super. Ct.), 1049
– – Mercury contamination, state storage permit law enforceable re small waste generators (D.R.I.), 944; natural gas company fined re illegal storage, 1176

– Methamphetamine epidemic, decongestant manufacturers cannot be held liable for law enforcement cost, suit properly dismissed (8th Cir.), 39
– Oil

– – Contaminated soil, movement and dumping creates waste facility (Me.), 1022
– – Contaminated waste water discharge, Holy House Shipping to pay $1.4M and serve 3 years probation per plea agreement (D.N.J.), 380
– – Cruise ship grounding, operator gets fine and probation (Alaska Super. Ct.), 589
– – Pipeline, Enbridge Energy to pay $1.1M settlement for violating construction permits (Wis. Cir. Ct.), 47
– – Refinery, BP explosion, court accepts plea agreement with $50M fine and probation (S.D. Tex.), 382; related state suit filed (Tex. Dist. Ct.), 709
– – San Francisco Bay spill, ship pilot pleads guilty to negligent discharge (N.D. Cal.), 345; ship operator offers plea deal, 637; pilot sentenced, 877

– Pollution control law violations, Or. legislature passes bill to increase penalties, 676
– Precious metals recovery business ordered to identify and clean up contaminants under state Hazardous Waste Act (Colo. Dist. Ct.), 382
– Resource Conservation and Recovery Act (RCRA)

– – Barrel recycling plant owner sentenced for caustic chemicals and hazardous waste dumping (N.D. Ind.), 345
– – Chemicals, improper transport and abandonment, manufacturer sentence proper (9th Cir.), 452
– – Chlorine gas, improper disposal, water treatment firm foreman and president sentenced (E.D. Tex.), 674
– – Electroplating, cyanide release, Columbia Am. Plating owner gets prison time and fine (D. Or.), 98
– – Metal plating firm owner sentenced for illegal hazardous waste disposal (E.D. Mo.), 320

– Superfund, contractors plead guilty in kickback conspiracy at N.J. sites (D.N.J.), 346; Federal Creosote site landscaper pleads guilty, 792; former soil treatment exec pleads guilty, 818; electrical subcontractor employee sentenced, 846; project manager and subcontractors indicted, 1110