Toxics Law Reporter Index-Summary

EAJA (EQUAL ACCESS TO JUSTICE ACT)

ECUADOR

– Oil waste dumped into Amazon, final arguments prepared in citizens' $27B suit against Chevron, 602

ELECTRONIC RESOURCES

– Ed. Note: For a list of selected articles, BNA products, and Internet sources, see back page of each issue.

ELECTROPLATING

– Resource Conservation and Recovery Act (RCRA)

– – Cyanide release, Columbia Am. Plating owner gets prison time and fine (D. Or.), 98
– – Illegal hazardous waste disposal, firm owner sentenced (E.D. Mo.), 320

EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)

– CAFOs, animal waste emissions reporting, pork producer suit closed (W.D. Wis.), 945

ENERGY

– Oil and gas

See OIL AND GAS

– Overview of pending bills, chart, 1084

ENERGY DEPARTMENT

– Superfund

– – Lawrence Livermore Natl. Lab., Cal., EPA orders restart of cleanup and payment of penalties, 60; cleanup resumes, 482
– – South Valley, N.M. site, aircraft manufacturing plant groundwater contamination, Air Force and Dep't of Energy to pay $3.3M cleanup costs (D.N.M.), 754

ENVIRONMENTAL PROTECTION AGENCY (EPA)

– Administration

– – Assistant administrators

– – – Administration and resources management, Hooks and deputy administrator Perciasepe approved by Senate committee, 880
– – – Air pollution, Senate sets vote on McCarthy, 543; committee approves, Republicans may block, 567; Barrasso (R-Wyo) stalls vote, 591
– – – Stanislaus, Giles, and DePass approved by Senate committee, 612
– – – Water, Silva approved by Senate committee, 880

– – Confirmation hearings

– – – Assistant administrator nominees Silva and Owens, 641
– – – Brownfields, budget, and nuclear waste cleanup discussed, Jackson commits to cleanup, warns re lack of funding, 99; Jackson commits to site cleanups, 100; Senate confirms Jackson as Adm'r , 151

– – Veteran EPA official Cannon named deputy administrator, 280
– – White House Council on Envtl. Quality, Senate approves Sutley as head, 151

– Air pollution

See AIR POLLUTION
– – CAA

See CLEAN AIR ACT (CAA)

– – New source review

See NEW SOURCE REVIEW

– Coal-fired power plant fine particle emissions, 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
– DDT and PCB containment plans, Palos Verdes Shelf, Cal. site, meetings set to discuss, 734; cleanup plan announced, 1175
– Enforcement

– – Appropriations

See LEGISLATION, FEDERAL, HR 1105

– – Criminal investigators to be added, 1049

– Greenhouse gas emissions from vehicles

See MOTOR VEHICLES

– Management challenges, GAO report addresses, 350
– National Environmental Performance Track program terminated, 639
– Nitrogen dioxide ambient air quality standards, agency forgoes Bush administration rulemaking procedure, 279
– Outlook 2009, 106; 106; 108
– Superfund

See SUPERFUND

– Unspent CERCLA funds, inspector general seeks uniform policy to identify, 1158
– Water pollution

See WATER POLLUTION
– – CWA

See CLEAN WATER ACT (CWA)

– – Drinking water

See DRINKING WATER

EPCRA

See EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)

EQUAL ACCESS TO JUSTICE ACT (EAJA)

See ATTORNEYS' FEES

EUROPEAN UNION (EU)

– Registration, Evaluation, and Authorization of Chemicals (REACH) law

– – Compliance, Outlook 2009, 126
– – European Chem. Agency (ECHA) asks public comment on banning of seven “substances of very high concern” (SVHC), 93
– – Reacted monomers, non-EU supplier imports subject to registration (E.C.J.), 386

– Toys and games, legislation tightens restrictions on carcinogenic, mutagenic, or reprotoxic (CMR) substances, allergenic fragrances, and other toxins, 9

EVIDENCE

– Asbestos

– – CAA, 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

– – – Law revision requiring medical proof applied retroactively to preclude widow's lung disease suit (Ohio Ct. App.), 58
– – – Other exposure evidence improperly barred, new trial ordered (Ill.), 556

– – Workplace exposure, mesothelioma

– – – Direct evidence not needed to survive summary judgment under Wash. law (W.D. Wash.), 1014
– – – Failure to warn, $4.6M award remanded (Cal. Ct. App.), 533

– Class certification, evidentiary standards changing balance of power, Analysis & Perspective, 1024
– Expert testimony

See EXPERT WITNESSES

– Global warming, science of climate change, client representation amidst scientific uncertainty, Analysis & Perspective, 389
– Mold and respiratory problems, unreliability of scientific causation evidence warrants dismissal (N.Y. App. Div.), 36
– PCBs, Superfund cost recovery, unpreserved soil sample evidence barred (D. Conn.), 670
– Radiation exposure and cancer and thyroid disease, Uravan uranium mine, personal injury and medical monitoring claims properly dismissed (10th Cir.), 1012
– Silica or asbestos, causation, medical reports, Okla. governor signs reform bill, 663

EXPERT WITNESSES

– Asbestos, pipeline removal site contamination, conflicting testimony, easement and property owner class decertified and remanded (Colo. Ct. App.), 895
– Causation

– – Aredia and Zometa and osteonecrosis, defense challenges denied (M.D. Tenn.), 990
– – Asbestos, workplace exposure, mesothelioma

– – – Exposure evidence lacking, $8M jury award set aside, new trial ordered (N.D. Ohio), 470
– – – Testimony reliable (Del. Super. Ct.), 530; $2M verdict affirmed (Del.), 1034

– – Benzene and acute lymphoblastic leukemia, conclusory opinions insufficient, verdict against city overturned (Tex.), 578
– – Diesel exhaust and multiple myeloma, studies on which physician bases opinion need not draw definitive conclusions (Neb.), 334
– – Diesel exhaust or Ferox and bladder cancer, workplace exposure, testimony unreliable, dismissal proper (5th Cir.), 579
– – Diphtheria-pertussis-tetanus vaccine and seizure disorder, child entitled to compensation under Vaccine Act (Fed. Cir.), 786
– – Fosamax and osteonecrosis, expert testimony allowed (S.D.N.Y.), 1104
– – Fume release after chemical explosion at La. plant, doctor failed to establish, judgment for DuPont affirmed (La. Ct. App.), 134
– – HRT and breast cancer, evidence inadmissible under state law (Minn. Ct. App.), 896
– – Medical malpractice, physician declarations submitted after judge's deadline properly barred (9th Cir.), 475
– – Mercury-based thimerosal vaccines and autism, epidemiologist testimony barred (Md.), 750
– – Mold and respiratory problems, unreliability of scientific evidence warrants dismissal (N.Y. App. Div.), 36
– – 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
– – Neurontin and suicidal behavior, general causation evidence allowed (D. Mass.), 603; class certification denied, 626; related case dropped by plaintiff, 938
– – Organic chlorinated solvents and toxic encephalopathy, study and occupational medicine specialist testimony excluded (W. Va. Cir. Ct.), 783
– – Perchlorethylene (PCE) and headaches and cough, insufficient evidence warranted summary judgment (7th Cir.), 783
– – Phosphorous pentasulfide (P2S5), hydrogen sulfide, and encephalopathy, expert evidence insufficient (D. Neb.), 989
– – Polychlorinated biphenyls (PCBs), golf course contamination, testimony unreliable, suit dismissed (D. Conn.), 816
– – Product safety and liability, requiring support of unpublished “clinical experience” evidence, Analysis & Perspective, 218
– – Propenyl chloride and anosmia, differential diagnosis test set, suit reinstated (6th Cir.), 531
– – Reglan and tardive dyskinesia, physician must show expertise to qualify as expert (Tex. Ct. App.), 306
– – Remicade, pulmonary fibrosis, physician testimony relied on studies not meeting Daubert standard (11th Cir.), 235
– – ReNu ML and non-Fusarium keratitis eye infections, scientific testimony excluded (N.Y. Sup. Ct.), 874; related federal cases exclude evidence (D.S.C.), 1062
– – Seroquel and diabetes, physician testimony lacks Daubert reliability to establish (M.D. Fla.), 176; hearing set on disclosure of sealed documents, 266; released documents show weight gain studies, 338; foreign regulatory actions inadmissible, 371
– – Viagra and non-arteritic anterior ischemic optic neuropathy (NAION), testimony unreliable (D. Minn.), 1016
– – Zyprexa and diabetes and weight gain, plaintiff expert excluded (E.D.N.Y.), 628; manufacturer wins summary judgment re failure to warn, 699; three cases dismissed as time-barred and lacking causation, 788

– Diet drugs, doctor previously retained by defendant may not testify for plaintiff (E.D. Pa.), 839
– Ground water contamination, hydrologist testimony on third-party reports of volatile organic compounds insufficient to prove hazardous release, summary judgment warranted (4th Cir.), 60
– Hexavalent chromium and pulmonary fibrosis, plaintiff cannot make blanket objection to admission of scientific proof (M.D. Ga.), 837
– Real estate, diminished property value claims and stigma damages, calculation of loss methodologies, Analysis & Perspective, 282