Toxics Law Reporter Index-Summary

GENERIC DRUGS

– Antidepressants, preemption of state false advertising and failure-to-warn claims (U.S., vac and rem), 337; finding vacated (3rd Cir.), 559; plaintiff seeks transfer to N.Y. (E.D. Pa.), 1064
– Gabapentin, class of off-label users decertified after finding some suffered no injury (Pa. Ct. Comm. Pleas), 268; plaintiffs appeal (Pa. Super. Ct.), 751
– Metoclopramide

See METOCLOPRAMIDE

– Preemption

– – Minocycline and lupus, state failure-to-warn claims may proceed (N.D. Ill.), 445
– – Packaging and labeling litigation, Outlook 2009, 120

GEORGIA

– Coal-fired electric generation plan approval reversed, emissions limit must be set before construction can move forward (Ga.), 1177
– Contaminated site cleanup, governor signs Voluntary Remediation Program Act, 612
– Grout sealant, Flexipel and respiratory problems, distributor liability (N.D. Ga.), 872
– Pharmaceuticals and medical devices, new bill would give manufacturers immunity for FDA compliance, 239
– Thimerosal-containing vaccines and neurological damage, design defect claims not preempted by Vaccine Act (U.S., rev sought), 660; Solicitor General view sought, 698

GLOBAL WARMING

– Clean Air Act (CAA), greenhouse emissions

– – Carbon dioxide, EPA administrator memo says emissions not a factor for power plant construction permits, Sierra Club sues to block EPA memo (D.C. Cir.), 96
– – Endangerment finding, state attorneys general ask for quick decision, 217; EPA decision expected soon , 322; 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
– – Enforcement, appropriations

See LEGISLATION, FEDERAL, HR 1105

– – Hydrocarbon, nitrogen oxide, and carbon monoxide, Chinese-made nonroad engines importer charged (D.D.C.), 675
– – Mandatory cap

See LEGISLATION, FEDERAL, HR 2454

– – Motor vehicle efficiency, EPA told to review state standards 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 grants state waiver, In Brief, 825
– – Preemption of state regulations, presidential memo restrains agency exercise, 662; experts discuss policy shift, Special Report, 851
– – Regulation under §115, Analysis & Perspective, 425
– – Stationary sources reporting, comment sought re proposed rule, 514; focus on emissions greater than 25,000 tons planned, 639; final rule released, 1155
– – Sulfur dioxide and nitrogen oxide

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

– – Superfund cleanup, EPA releases green remediation strategy, 1073
– – Tex. environmental group seeks regulation (Tex. Dist. Ct.), 1202

– Climate change

– – Cal. greenhouse emission limits for cars, 18 states support EPA action (D.C. Cir.), 1201
– – Carbon dioxide emissions, ruling allowing common law nuisance claims against electric utilities to proceed may spur greenhouse gas suits, lawyers say (2d Cir.), 1124
– – Client representation amidst scientific uncertainty, Analysis & Perspective, 389
– – Eskimo suit against oil and energy companies dismissed (N.D. Cal.), 1216
– – Man-made, suit alleging intensified Hurricane Katrina damage may proceed (5th Cir.), 1214
– – Overview of pending bills, chart, 1084
– – Recent Cal. legislation, litigation, and executive action, Analysis & Perspective, 681
– – Sierra Club Executive Dir. Carl Pope to step down, focus on climate change, In Brief, 152

– Coal emissions, carbon capture and storage, Analysis & Perspective, 735
– Outlook 2009, 108; 108; 111; 114; 124

GREENHOUSE EMISSIONS

See CLEAN AIR ACT (CAA)

GROCERY STORES

– Salmon, private party chemical coloring claims not preempted, DOJ amicus brief argues against review (U.S., rev sought), 9