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INDEX
Vol. 24, Nos. 1 - 41, pp. 1-1210
Jan. 1 -- Oct. 15, 2009

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
    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
      – 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
      – Mesothelioma
      – 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
    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
      – 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
      – Argon gas, workplace exposure, insurer not obligated to defend (N.D. Tex.), 708
      – Arsenic
      – Barium exposure and cancer, notice requirement in pollution exclusion buy back clause properly upheld (Cal. Ct. App.), 820
      – 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
      – 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
      – PCE
      – Pesticides
      – PFOA
      – 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
      – 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
      – 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)
      – 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
      – 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
      – Toys
      – 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
    CIGARETTES
    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
        – – 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
      – 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
        – – 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
      – 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
      – 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
      – 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
      – 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
      – State enforcement orders used to repel federal environmental complaints, Sierra Club lawyer says, 387
      – Wetlands
      – Zinc effluent discharge, Red Dog Mine, Alaska, Teck Alaska to pay civil penalties, 1110
    CLIMATE CHANGE
    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
          – – – 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
        – – 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

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