Toxics Law Reporter Index-Summary

HAWAII

– Benlate fungicide, cause of action for fraudulent inducement to settle fails, expert testimony directed to wrong damages standard (U.S., rev den), 361
– Oil spills, national wildlife refuge, charter vessel company agrees to $3.8M settlement for damage to (D. Haw.), 1130
– Pollution exclusion clauses, insurer must pay most fees and costs because duty to defend breached despite prevailing on duty to indemnify (D. Haw.), 772
– Superfund coverage for successor Del Monte Fresh Produce requires insurer consent (Haw.), 50

HAZARDOUS WASTE

– Aerospace component maker agrees to pay to settle allegations (D. Ariz.), 476
– Ariz., Honeywell Int'l agrees to pay to settle long-term violations at Phoenix airport (Ariz. Super. Ct.), 701
– Biodiesel plant waste dumped in canal, farm owner pleads guilty (E.D. Mo.), 680
– Cancer cluster allegedly linked to insulation materials manufacturing waste (Mo. Cir. Ct.), 747; state health officials find no higher cancer rate near site, 968
– Chicken waste containing arsenic alleged leukemia cause, sufficient evidence for trial applying multi-defendant causation test (Ark.), 424
– College and university teaching and research laboratories, EPA calls final rule “flexible and protective,” 1045
– Combustors

– – Air toxics standards revised by final rule, 945; final reconsideration published, 978
– – EPA amends 2005 emissions standards, 309

– Conn. prosecutors cannot use RCRA definitions in state law prosecutions (Conn.), 388
– Enforcement, EPA reports record reductions, fines, cleanup in FY 2008, 1102
– Explosion, Universal Propulsion Co. agrees to pay to resolve allegations (Ariz. Super. Ct.), 328
– Fire and explosions, residents reach tentative settlement with site owner (E.D.N.C.), 986
– IWI Superfund Site, Justice Department and EPA reach $2M agreement with defendants covering remediation (N.D. Ill.), 678
– “Meaningful inspections,” state environmental agency can be sued for oversight of facility containing radioactive isotopes (La. Ct. App.), 464
– Medical waste incinerators, EPA proposes stricter new source performance standards, 1044
– RCRA

– – Cyanide from metal plating business, Tex. man pleads guilty to illegal storage (E.D. Tex.), 474; sentence of 37 months in prison and restitution, 1022
– – East Texas welding supply business owner sentenced (E.D. Tex.), 783
– – Nerve gas liquid waste byproduct shipped to treatment facility, Army did not violate law (S.D. Ind.), 860
– – Prison sentence and fine for president of Or. company who admitted to felony violations (D. Or.), 490
– – Recycling firm owner sentenced for storage (S.D. Miss.), 137
– – St. Louis-area metal plating firm owner indicted for illegal disposal (E.D. Mo.), 860
– – Sandblasting company agrees to fine and emergency response equipment donation to settle charges, 715
– – Transboundary shipments, EPA proposes revising rules, 833

– Superfund

– – Contribution defenses, divisibility of harm not applicable as in cost recovery actions (D.N.J.), 1070
– – DOJ reaches agreement with multiple defendants to clean up Shpack Landfill (D. Mass.), 1095
– – WWII chemical weapons site owners seek ruling that preliminary investigations do not constitute clean up (U.S., rev sought), 1095

– TCE, residents failed to show plume affected any individual (Tex. App.), 406
– Tex. chemical plants and manufacturers settle violations, consent agreements approved, 702
– Transportation

– – Allocation of 80 percent of cleanup costs to metals manufacturer due to knowing use of “egregious polluter” as hauler (E.D. Pa.), 755
– – Global Landfill Superfund Site, companies to pay $2M to resolve cleanup litigation (D.N.J.), 387
– – Nerve gas liquid waste byproduct shipped to treatment facility, Army did not violate law (S.D. Ind.), 860
– – Railroad not strictly liable for truck driver's claims of injuries sustained during spill cleanup (W.D. Ky.), 878
– – San Diego, last defendant in sting sentenced (Cal Super. Ct.), 328
– – Transboundary shipments, EPA proposes revising rules, 833

– Wash., Hanford Site, state sues Energy Department over cleanup of tank waste (E.D. Wash.), 1071

HEARSAY

– Stroke and PPA, deceased's statements to his children on cold medicine use inadmissible (N.D. Ill.), 111

HEART DISEASE

– Avandia for diabetes, deceased's family claims drug caused heart failure and stroke (S.D. Cal.), 6
– Baycol cholesterol drug alleged cause of heart attack, summary judgment for maker due to lack of causation proof (E.D. Mo.), 1018
– 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
– Digitek, heart medication suits consolidated (S.D.W. Va.), 711
– Heart failure and other complications to dialysis patient, retired nurse and husband sue Baxter alleging tainted Heparin caused severe side effects (N.D. Ohio), 563
– NuvaRing, cardiovascular complications, cases remanded under forum defendant rule (D.N.J.), 25
– Pergolide for restless leg treatment alleged cause of heart valve disease, suit against generic makers (D. Minn.), 657
– Vioxx, Merck settlement of tens of thousands of cases discussed by panel, 45; settlement claimant enrollment meets threshold, Merck says, 217

HERBICIDES

– Atrazine, study suggests possible threat to reproduction and human hormone signals, 428
– Paraquat, jury rejects claims of link to pulmonary fibrosis death of highway worker (Cal. Super. Ct.), 342

HEXAVALENT CHROMIUM

– Cement plant 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

– Chromated copper arsenate antimicrobial preservative, EPA adds construction worker risk and updates data, 366
– Drinking water, EPA must update health standard, 47
– Ground water, PG&E agrees to pay $24M to resolve remaining complaints (Cal. Super. Ct.), 323

HORMONE REPLACEMENT THERAPY (HRT)

– Deceptive trade practices, Nev. attorney general files complaint against Wyeth and Pfizer (Nev. Dist. Ct.), 1065
– Federal multidistrict litigation, jury awards $27 million in punitive damages to breast cancer victim who used multiple brands (E.D. Ark.), 214
– Premarin and breast cancer

– – Jury instruction challenge rejected, defense verdict upheld (8th Cir.), 126
– – Time-bar ruling to be appealed (Pa. Ct. C.P.), 61

– Prempro and breast cancer

– – Class certification of Cal. plaintiffs denied (S.D. Cal.), 198
– – Damages, jury awards woman $2.75 million (E.D. Ark.), 197; judge vacates $27M punitive award saying he erred in allowing expert's testimony, 611
– – Remittitur hearing ordered on jury award to three women (Nev. Dist. Ct.), 128; damages reduced, 178

HUMAN RESOURCES

– Benzene, no showing of noncompliance with OSHA warning regulations (Minn. Dist. Ct.), 63
– Coal tar, TECO Barge Line workers' verdict upheld (6th Cir.), 200
– Workers' compensation

See WORKERS' COMPENSATION

HURRICANES

See NATURAL DISASTERS

HYDROGEN SULFIDE

– CAA

– – Murphy Oil refinery releases pollutants, neighbors suit alleges (E.D. La.), 1075
– – Shell Oil refinery, environmental groups file citizen suit (S.D. Tex.), 53