Toxics Law Reporter Index-Summary

IDAHO

– Herbicide and crop damage, DuPont and BLM negligent, farmers awarded $17M (D. Idaho), 1013; DuPont to appeal, BLM considers motions, 1040
– Mining contaminant release

– – ASARCO $1.1B settlement approved (Bankr. S.D. Texas), 731
– – Selenium at phosphate mines sites, Nu-West Mining seeks federal government reimbursement (D. Idaho), 1069

ILLINOIS

– Asbestos

– – Abandonment of boiler in sale of building, buyer appeals disposal ruling (U.S., rev sought), 344; seller not liable (rev den), 537
– – Family exposure from work clothes, premises liability claim dismissed (Ill. App. Ct.), 722
– – Other exposure evidence improperly barred, new trial ordered (Ill.), 556

– Baby bottles and cups containing bisphenol-A (BPA), Chicago ordinance bans sale, 630
– Clean Air Act (CAA)

– – Benton coal-fired power plant may not build with expired PSD permit (U.S., rev den), 793
– – New source review lacking, Midwest Generation sued for coal-fired power plant modifications (N.D. Ill.), 1047

– CWA, acidic and caustic waste dumping, Crown Chem. officers sentenced and fined (N.D. Ill.), 214
– Dichlorethylene and vinyl chloride contamination, Crestwood water supply, village and officials sued (Ill. Cir. Ct.), 731
– Lake Michigan lead contamination from federally-run shooting range bullets, Chicago-area resident lacks standing to bring suit (7th Cir.), 1067
– Resource Conservation and Recovery Act (RCRA)

– – Arsenic and benzene contamination, state law conspiracy suit remanded (N.D. Ill.), 586
– – 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

– Superfund, auto fluff dump, bankruptcy estate would pay $8.3M for cleanup under proposed consent decree (Bankr. N.D. Ill.), 671
– Zinc smelter and fertilizer plant contamination, state superfund law bars village penalty ordinance suit (C.D. Ill.), 794

IMMUNITY

– Asbestos, Navy shipworker exposure, military contractor defense prevents remand (D. Conn.), 893
– Carbon tetrachloride, discretionary function exception to FTCA bars suit against Army for ground water contamination (N.D. Cal.), 198
– Depositions, bar on demanding from U.S. officials protects former EPA Adm'r, In Brief, 209
– Drug and medical device manufacturers, Ga. bill would give immunity for FDA compliance, 239
– Product liability suits, Mich. law protecting drug manufacturers repealed, 477
– Public nuisance, sovereign immunity does not protect state from payment of costs in lead paint case it initiated (R.I. Super. Ct.), 177

INDEMNIFICATION

– Asbestos, repeated exposure, insurer must pay defense and indemnity to each personal injury claimant (Wis.), 172
– Diacetyl exposure, insurer not liable under policies issued after initial diagnoses (N.J. Super. Ct. App.), 5
– Drain cleaner, noxious fumes and bleeding, duty to indemnify under pollution exclusion clause certified to Haw. (9th Cir.), 876
– Mold, subcontractor faulty materials not covered in CGL policy, insurer must pay costs for spread (4th Cir.), 242
– Peanut butter, salmonella contamination, Peanut Corp. of Am. insurer seeks declaratory judgment on policy violations and duty to indemnify (W.D. Va.), 233
– Petroleum contamination, Point Breeze Processing Center, Pa., Sunoco-ARCO agreement did not create successor liability (E.D. Pa.), 761
– Pondimin and Redux and heart damage, prescribing doctor not seller with indemnity rights (Tex. Ct. App.), 658
– Superfund

– – Current property owner obligated to prior owner for cleanup costs and resource damages per terms of purchase agreement (3rd Cir.), 240
– – Stringfellow site cleanup, Cal. 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
– – World War II aviation fuel manufacturing site, U.S. to pay $84M to oil firms for cleanup (Fed. Cl.), 508

– Tar pollution, long-term contamination, pro rata insurer liability allocation adopted (Mass.), 942

INDIANA

– Air pollution from cadmium, manganese, and lead emissions, parents file class action alleging harm to children (Ind. Cir. Ct.), 440
– CAA, new source review, Cinergy failed to timely disclose witness pay, new trial ordered (S.D. Ind.), 12; jury finds 2 violations, 674
– Contaminated land

– – Cost recovery suit filed under state superfund law reinstated as timely (7th Cir.), 421
– – Studebaker property, common law tort claims untimely, South Bend state superfund claim against successor may proceed (Ind.), 149

– Dry cleaning contamination, insurer need not defend undisclosed known loss, summary judgment proper (Ind. Ct. App.), 707
– Formaldehyde inhalation, product liability claim must meet state Wrongful Death Act time limitation (Ind.), 6
– Perchloroethylene (PCE) and headaches and cough, insufficient causation evidence warranted summary judgment (7th Cir.), 783
– Soil contamination from USTs, compliance costs prior to insurer notice not reimbursable (Ind.), 636
– Superfund, auto fluff dump, bankruptcy estate would pay $8.3M for cleanup under proposed consent decree (Bankr. N.D. Ill.), 671

INSURANCE

– Asbestos

– – Arbitration clause, insurer for insulation installer may seek enforcement despite prior ruling (3rd Cir.), 844
– – Bankruptcy bar, Travelers requests application to direct actions as insurer of Johns-Manville (U.S., oral arg), 442; actions barred (rvs and rem), 746
– – Direct action against knowledgeable companies, Outlook 2009, 102
– – Repeated exposure, insurer must pay defense and indemnity to each personal injury claimant (Wis.), 172
– – Work clothes, Ohio law limiting liability for property owner bars wife's laundry exposure suit (Ohio Ct. App.), 233

– Diacetyl exposure, insurer not liable under policies issued after initial diagnoses (N.J. Super. Ct. App.), 5
– Dioxin contamination, Superfund administrative action, insurer must defend policyholder under R.I. law (1st Cir.), 453
– Dry cleaning contamination, insurer need not defend undisclosed known loss, summary judgment proper (Ind. Ct. App.), 707
– Duty to cover, respirator manufacturer post-settlement contingent liability did not give standing for declaratory judgment against insurer (E.D. Wis.), 136
– Explosion and hazardous substance release, refinery owes separate event deductibles (S.D. Tex.), 1132
– Nanotechnology and synthetic biology, coverage and exclusions, Analysis & Perspective, 570
– Peanut butter, salmonella contamination, Peanut Corp. of Am. insurer seeks declaratory judgment on policy violations and duty to indemnify (W.D. Va.), 233
– Pollution exclusion clauses

See POLLUTION EXCLUSION CLAUSES

– Poultry waste, insured must help insurer pursue defense contribution (Minn. Ct. App.), 673
– Preexisting environmental liabilities, company asset transfer includes cleanup cost coverage (N.D. Ohio), 943
– Soil contamination from USTs, compliance costs prior to insurer notice not reimbursable (Ind.), 636
– Superfund

– – Cost recovery, Lefton and Kerr-McGee site, judgment not appealable if offset remains unresolved (7th Cir.), 816
– – Stringfellow site cleanup, Cal. 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

– Tar pollution, long-term contamination, pro rata liability allocation adopted (Mass.), 942

INTERNATIONAL DEVELOPMENTS

See also specific countries
– Foreign manufacturers, limited liability for defective products harms U.S. consumers, Analysis & Perspective, 153
– Human rights, Alien Torts Statute expansion, Analysis & Perspective, 489
– Registration, Evaluation, and Authorization of Chemicals (REACH) law

See EUROPEAN UNION (EU)

– Sewage treatment, Intl. Boundary and Water Comm'n, San Ysidro, Cal. plant to meet NPDES permit levels for Tijuana River effluent from Mexico (S.D. Cal.), 794
– U.S. class actions with foreign citizens, risk of redundant litigation, Analysis and Perspective, 1182

IOWA

– Asbestos removal during construction, developer to pay civil penalty (Iowa Dist. Ct.), 611
– Superfund, ordnance plant cleanup, Army Corps of Eng'rs to pay $2.6M to city of Ankeny and John Deere Corp., 181

IRON

– CAA, greenhouse emissions reporting, comment sought re proposed rule, 514; focus on emissions greater than 25,000 tons planned, 639; final rule released, 1155