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Vol. 23, Nos. 1-49, pp. 1-1144 Jan. 3 -- Dec. 18, 2008 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
CAA
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
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
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 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
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 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 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 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 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 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 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
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
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
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
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
See generally AGENT ORANGE
Asbestos
See ASBESTOS
See BENZENE
Breast cancer Carcinogens, Proposition 65
See CALIFORNIA
See CALIFORNIA
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
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 Mesothelioma
See generally ASBESTOS
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
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 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
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
See generally CANCER
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 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 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
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 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 Nuisance, no-fault liability found for environmental neighborhood disturbance despite manufacturer compliance with rules (Can.), 1059
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 Anhydrous ammonia
See AMMONIA
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
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 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
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
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
See FORMALDEHYDE
Hexavalent chromium 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 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 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 DISEASES
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
See PERCHLORATE
See PHTHALATES
Proposition 65
See CALIFORNIA
Railcar inspector not liable absent authority to prevent spill (S.D.W. Va.), 282 REACH law 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
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 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
Velsicol Chemical settlement with Md. requires cleanup of soil and ground water (Md. Cir. Ct.), 639 Vinyl chloride
See VINYL CHLORIDE
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 World Trade Center particulates, expert's use of ambiguous term does not bar claim (S.D.N.Y.), 205
Bisphenol-A (BPA)
See generally BISPHENOL-A (BPA)
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 Lead
Abatement
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 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 Vinyl diaper bags, environmental group threatens failure-to-warn suit, 299
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 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 Perchlorate risk to fetuses and young children, toxicological profile released, 941 Phthalates
See PHTHALATES
Toys
See TOYS AND GAMES
CrVI or chromium-6
Child's death after camping, suit dismissed for failure to show cause of contamination (Cal. Ct. App.), 509
EPA must update health standard, 47
See TOBACCO INDUSTRY
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 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
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
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 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
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
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 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
Insurer has duty to defend (N.D. Ill.), 609
Manufacturer settles class suits (Ill. Cir. Ct.), 78 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 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
Amendment to bar EPA regulation of greenhouse gas emissions
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 Cement
See CEMENT
See CITIZENS' SUITS
See GLOBAL WARMING
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
Air toxics standards revised by final rule, 945; final reconsideration published, 978
EPA amends 2005 emissions standards, 309 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
See METALS
Motor vehicles, greenhouse emissions
See MOTOR VEHICLES
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
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 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
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
Agriculture
See AGRICULTURE
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 CITIZENS' SUITS
See COAL
Criminal cases
Congressional survey of state and local efforts finds mandatory program is most effective for reducing releases, 811
Mandatory standards not needed, EPA report, 811 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 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
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
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 REFINERIES
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
See GLOBAL WARMING
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 Power plants
Parent-subsidiary link must exist at time of release for liability (Mass.), 251
Shipping, TECO Barge Line, workers' verdict upheld (6th Cir.), 200
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
See SCHOOLS
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
Chemicals from manufacturing plant, IBM sued by upstate N.Y. residents (N.Y. Sup. Ct.), 27
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
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 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
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.
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
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 DUE PROCESS
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
See TAKINGS
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
Asbestos, insulation materials, 1980 release bars certain claims (Tenn. Ct. App.), 238
Indemnification
See INDEMNIFICATION
See INSURANCE
Settlements
See SETTLEMENTS
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
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 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 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
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 Water pollution, Tex. agency denies El Paso County request to charge ASARCO, 207
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
Particles in sunscreens, health risks debated in comments to FDA, 65
Risk-added, scientist says FDA should view products as potentially harmful, 779
See PROCEDURE
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
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
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 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 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 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 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |