Toxics Law Reporter Index-Summary

LANDFILLS

– Benzene release, acute lymphoblastic leukemia and property damage, verdict against city overturned (Tex.), 578
– Chlorinated solvents and other groundwater contamination at Contra Costa, Cal. site, nuisance and trespass claims proceed, RCRA claims dismissed (N.D. Cal.), 1012
– 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
– Diesel and oil contaminated soil, movement and dumping creates waste facility (Me.), 1022
– Hazardous waste dumping, state and local governments sue Target, settle similar suit with Kmart (Cal. Super. Ct.), 762
– Pollution monitoring wells installed under cleanup order no trespass under state law (D.N.J.), 454
– Superfund

– – Asbestos, Army demolition contract, property value decrease not recoverable response cost (W.D. La.), 450
– – Contamination, defendants to pay $99M to N.J. and EPA under proposed settlement (D.N.J.), 61
– – McGuire Air Force Base, N.J., nickel, mercury, and other contaminants, federal facility cleanup agreement signed, 1131
– – Ordnance plant cleanup, Army Corps of Eng'rs to pay $2.6M to Iowa town and John Deere Corp., 181
– – Settlements, potentially responsible party in state consent decree may seek recovery for cleanup costs incurred (2d Cir.), 376

LEAD

– Air pollution monitoring, EPA to reconsider requirements, 908
– Ash contamination, school board property falls under pollution exclusion clause (M.D. Fla.), 969
– CAA, chemical preparation facility particulate emissions standards proposed, 973
– Children's products

– – Electronic devices, CPSC proposes limit exemptions based on EU Rules, 139
– – Product guidance for manufacturers, crafters, sellers, and resellers, CPSC revises and clarifies, 237; manufacturers predict job loss and bankruptcies, 238; final rule and exemption procedure issued, 374; final rule approved with testing exemptions, 1017

– Consumer Product Safety Improvement Act (CPSIA)

– – Implementation problems, Congress seeks accounting, 340
– – Secondhand goods and children's products, small business impact, CPSC seeks more discretion, 416

– Drinking water levels, D.C. Water and Sewage Auth. faces suit re cover-up (D.C. Super. Ct.), 263
– Foreign manufacturers, limited liability for defective products harms U.S. consumers, Analysis & Perspective, 153
– Handbags and wallets, Cal. environmental group threatens suit against retailers, 513
– Lake Michigan contamination from federally-run shooting range bullets, Chicago-area resident lacks standing to bring suit (7th Cir.), 1067
– Mining contaminant release, ASARCO $1.1B settlement approved (Bankr. S.D. Texas), 731
– Paint

See LEAD PAINT

– Resource Conservation and Recovery Act (RCRA)

– – Cathode ray tubes (CRTs), exporter must dispose waste it tried to illegally ship to Hong Kong, 1071
– – N.Y. City to pay penalty and improve hazardous waste disposal, 997
– – Shooting range does not need pollution discharge permit (2d Cir.), 941

– Smelter waste contamination, state-led cleanup no bar to challenge, suit remanded under CAFA (W.D. Okla.), 585; remand proper (10th Cir.), 1060
– Superfund

– – Refinery slag, disturbing contaminants during site investigation not disposal (D.N.J.), 792
– – Settlements

– – – Landia Chemical, Fla. site, $8.5M settlement approved (M.D. Fla.), 1069
– – – United Scrap Lead, Ohio site, firm to pay $1.6M for cleanup (S.D. Ohio), 271

– – Shooting range cleanup, contribution suit dismissed (9th Cir.), 904
– – Tar Creek buyout, residents sue re undervaluation (Okla. Dist. Ct.), 487

– Toys and games, toxic substance ban and test disclosure law likely valid but may be subject to preemption, Tenn. attorney general says, 206

LEAD PAINT

– Landlord not put on notice of problem by peeling paint or city regulations, tenant suit dismissed (Ohio Ct. App.), 89
– Limits, CPSC lowers to comply with CPSIA, 42
– Poisoning

– – Learning disabilities from ingested chips, jury awards $7M (Miss. Cir. Ct.), 812; paint manufacturer seeks JNOV or new trial, 898
– – Sandblasting and dust, state not liable for private bridge contractor injury (Ohio Ct. App.), 892

– Public nuisance

– – Failure to disclose dangers, Ohio attorney general withdraws suit against 10 manufacturers (Ohio Ct. C.P.), 236
– – Sovereign immunity does not protect state from payment of costs in case it initiated (R.I. Super. Ct.), 177

– Toy imports and sales, OKK Trading to pay civil penalty, 815

LEARNED INTERMEDIARIES

– Chemicals, draw compounds, sophisticated user status bars most GM worker claims against supplier, negligence claims may proceed (Mich. App. Ct.), 264
– Zyprexa and suicide, summary judgment proper (5th Cir.), 473

LEGISLATION, FEDERAL

– Ed. Note: This heading covers bills with assigned numbers only. For information on measures not yet assigned numbers, see specific subject headings.
– House

– – Hill Watch Overview of pending bills, chart, 1084
– – HR 1, American Recovery and Reinvestment Act, economic stimulus bill contains money to cleanup and redevelop contaminated sites, 99
– – HR 493, Coal Ash Reclamation, Environment, and Safety Act, setting standards for coal ash impoundments and giving Interior Dep't enforcement responsibility, introduced by Rahall (D-W Va), 247; EPA inspection and new waste regulation, Senators seek, 349; industry requests regulation as nonhazardous solid waste, 383
– – HR 554, National Nanotechnology Initiative Amendments Act, reauthorizing multi-agency program, introduced by Gordon (D-Tenn), 204
– – HR 564, Superfund Reinvestment Act, reinstating “polluter pays” tax, introduced by Blumenauer (D-Ore), 216; oil industry opposes, bill referred to Ways and Means Comm., 347; citizen group calls for reinstatement, 424; advocates cite reauthorization as way to address costs and delays, 823; GAO says EPA cleanup cost data insufficient, 1000
– – HR 699, Hardrock Mining and Reclamation Act, setting royalty on new and existing claims, overview, 1084
– – HR 820, Nanotechnology Advancement and New Opportunities (NANO) Act, expanding government efforts to market nanoengineered products, introduced by Honda (D-Cal), 204
– – HR 832, Superfund Polluter Pays Act, reinstating tax, introduced by Pallone (D-NJ), 216; oil industry opposes, bill referred to Ways and Means Comm., 347; citizen group calls for reinstatement, 424; advocates cite reauthorization as way to address costs and delays, 823; GAO says EPA cleanup cost data insufficient, 1000
– – HR 1105, Omnibus appropriations bill, reversing Bush environmental policies, introduced by Obey (D-Wis), 280; EPA must decide Cal. vehicle emissions waiver by June 30, 281
– – HR 1262, Water Quality Investment Act, authorizing money for quality improvement in Great Lakes, overview, 1084
– – HR 1310, Clean Water Protection Act, banning mountaintop mining waste dumping in rivers and streams, introduced by Pallone (D-NJ), 348; overview, 1084
– – HR 1523, Ban Poisonous Additives Act, banning use of bisphenol-A (BPA) in food and beverage containers, introduced by Markey (D-Mass), 517
– – HR 1580, Electronic Waste Research and Development Act, funding electronic device recycling research, development, and demonstration projects, overview, 1084
– – HR 1724, America's Brownfields Cleanup Act, allowing tax credits and exclusions for remediation work, overview, 1084
– – HR 1841, Acid Rain and Mercury Control Act, reducing sulfur dioxide and nitrogen oxides and capping mercury emissions, introduced by McHugh (R-NY), 567; overview, 1084
– – HR 2190, Mercury Pollution Reduction Act, amending TSCA to phase out use in chlor-alkali plants, overview, 1084
– – HR 2454, American Clean Energy and Security Act, placing mandatory caps on greenhouse gas emissions, House passes, 796; agency and judicial implications, Analysis & Perspective, 854; overview, 1084
– – HR 2749, Food Safety and Enhancement Act, requiring FDA determination of BPA safety, House passes, 939
– – HR 3165, Wind Energy Research and Development Act, authorizing money for wind energy technology development, overview, 1084
– – HR 3201, Locatable Mineral Royalty and Reclamation Act, creating net proceeds royalty, overview, 1084
– – HR 3260, Brownfields Remediation Permanent Tax Incentive Act, allowing cleanup cost deduction for private companies, introduced by Becerra (D-Cal) and Ryan (R-Wis), 882; overview, 1084
– – HR 3518, Waterfront Brownfields Revitalization Act, funding cleanup and development of waterfront sites, overview, 1084

– Senate

– – S 140, Abandoned Mine Reclamation Act, setting royalty on new and existing claims, overview, 1084
– – S 593, Ban Poisonous Additives Act, banning bisphenol-A (BPA) from food and drink containers, introduced by Feinstein (D-Cal), 373; overview, Analysis and Perspective, 517
– – S 696, Appalachia Restoration Act, banning dumping mining waste into streams, overview, 1084
– – S 753, BPA-Free Kids Act, banning use of bisphenol-A (BPA) in children's food or beverage containers, introduced by Schumer (D-NY), 517
– – S 787, Clean Water Restoration Act, defining waters covered by CWA, introduced by Feingold (D-Wis), 485; EPA requests jurisdiction clarification, 514; state associations urge approval, 568; Boxer (D-Cal) pledges committee action, Obama supports bill, 679; committee approves, 763; witnesses object to new definition, 909; overview, 1084
– – S 796, Hardrock Mining and Reclamation Act, setting royalty on new claims, overview, 1084
– – S 1005, Water Infrastructure Financing Act, authorizing money for state infrastructure and quality improvement projects, overview, 1084
– – S 1397, Electronic Device Recycling Research and Development Act, funding electronic device recycling research, development, and demonstration projects, overview, 1084
– – S 1428, Mercury Pollution Reduction Act, requiring cleaner technology for chlor-alkali plants, introduced by Whitehouse (D-RI), 850; overview, 1084
– – S 1462, American Clean Energy Leadership Act, setting federal energy efficiency standards for consumer products, overview, 1084
– – S 1504, Notice Pleading Restoration Act, restoring less stringent plaintiff pleading standards, introduced by Specter (D-Pa), 961

LOUISIANA

– Asbestos, workplace exposure and mesothelioma, workers' compensation law does not bar pre-1975 claims (La.), 657
– CAA, Louisiana Generating sued for failure to install best available control technology and obtain modification permit in coal-fired power plant (M.D. La.), 277
– CWA, effluent discharge, Louisiana Land & Water and exec indicted (W.D. La.), 707
– Drinking water, vinyl chloride contamination, class certification proper in suit against Dow Chem. (La. Ct. App.), 622
– Marine Shale oilfield waste processing site, state Envtl. Quality Dep't to oversee study and cleanup, 487
– Oil and industrial waste treatment facility closed for violating state discharge permit, 215
– RCRA, mercury contamination, natural gas well operator to clean up and replace meters (W.D. La.), 820
– Soil damage, contamination from oil well capped decades ago not continuing tort under state law (5th Cir.), 836

LUNG DISEASE

– Asbestos

See ASBESTOS

– Fen-phen, in pari delicto, use of wife's medication, summary judgment denied (E.D. Pa.), 506
– High aspect ratio nanoparticles (HARN), studies show carbon nanotube effect similar to asbestos, 140; significant new use rules (SNURs) require case-by-case review, 881
– Primary pulmonary hypertension (PPH) and Pondimin, suit time barred (6th Cir.), 1041
– Pulmonary fibrosis and hexavalent chromium, plaintiff cannot make blanket objection to admission of scientific proof (M.D. Ga.), 837
– Tobacco

See TOBACCO INDUSTRY