Toxics Law Reporter Index-Summary

LABELING

LANDFILLS

– Calculation for particle emissions caused by vehicles driven over waste changed by EPA, 457
– Class of Conn. property owners charging Mo. firm certified (D. Conn.), 224
– Development, emotional distress damages awarded to residents reduced (La. Ct. App.), 175
– Emissions, Envtl. Defense Fund plans to sue EPA for failure to update air pollution standards, 973
– Hurricane Katrina, RCRA landfill disposal challenge properly dismissed (E.D. La.), 284
– Incinerator ash, Jacksonville to clean up two sites (M.D. Fla.), 247
– Legal fees awarded to prevailing party with only limited success (D. Utah), 248
– Nev. operator agrees to pay CWA fine and spend $36M to reduce pollution and to monitor site, 698
– N.J. will receive $4M to cover remediation costs and natural resource damage at former superfund site (N.J. Super. Ct.), 1042
– Odors and chemical emissions, neighbors' suit alleges subsurface fires due to aluminum byproduct (Ohio Ct. C.P.), 937
– Plugged contaminated drinking water well, owner has sufficient present injury to bring RCRA suit (N.D. Ill.), 715; contamination expert will be allowed, 877
– RCRA, pre-suit letter with reference to specific provision of law is sufficient notice of violation (E.D. Tex.), 1127
– Superfund

– – Chemical and radioactive waste, DOJ reaches agreement with multiple defendants to clean up Shpack Landfill (D. Mass.), 1095
– – Security fence installation, limitations period on takings claim may not be waived (U.S., judg aff), 51; Outlook 2008, 89

LATEX

– Gloves, makers are only obligated to indemnify innocent sellers for their own specific products (Tex.), 296; issues of material fact remain as to whether maker's duty to defend under state law was satisfied, case remanded (5th Cir.), 510

LAUNDRY AND LAUNDRY MACHINERY

– Industrial laundry, state obtains temporary injunction for alleged toxic emissions (Conn. Super. Ct.), 351

LAWYERS

See ATTORNEYS

LEAD

– Abatement

See LEGISLATION, FEDERAL, S 3495

– Air quality standard revision, In Brief, 1025
– California

– – Bill to ban in children's products gets first hearing, 324; Assembly rejects bill, 733
– – Vinyl diaper bags, environmental group threatens failure-to-warn suit, 299
– – Vinyl lunch boxes bought by state to give away to children, maker fined $10M (Cal. Super. Ct.), 474

– Children's products, Consumer Product Safety Improvement Act of 2008 (CPSIA) limits on unsold inventory upheld by Consumer Products Safety Commission, 1066
– Coated copper roofs, modified pollution exclusion clause does not relieve insurer of duty to defend against third-party environmental damage claims (W.D. Pa.), 690
– Conn., new law sets stricter limits on children's products, 613
– Consumer Product Safety Improvement Act of 2008 clarifies most preemption issues, empowers state attorneys general, BNA Analysis & Perspective, 1104
– Drinking water, settlement on benzene and toluene does not bar suit on lead contamination (Cal. Ct. App.), 1058
– Ill., new law set limits in consumer products, requires warning labels, 1066
– Jewelry, Reebok to pay $1 million for importing bracelets with toxic lead levels, 289
– Lipstick

– – Christian Dior, class suit allowed to proceed (N.D. Ill.), 633
– – L'Oreal products have dangerously high levels, class suits alleges (N.D. Ill.), 44

– National ambient air quality standards, EPA publishes proposed revisions and plans hearings, 457; environmentalists push new standards but industry warns of consequences for business, 788
– Paint

See LEAD PAINT

– Restricted use in products for children

See LEGISLATION, FEDERAL, HR 4040

– Shotgun pellets

– – Shooting range purchaser may not intervene in suit between former owner and insurer (Cal. Ct. App.), 1096
– – Sportsman's club to sell property to pay for cleanup on wildlife refuge (D. Del.), 972

– Slag discharges from Canadian smelter into Wash. river, Superfund applies (U.S., rev den), 49
– Toys and games, voluntary CSPC recalls do not preempt state remedies (C.D. Cal.), 1090
– Wal-Mart contractor left recycling products behind, “no further action” letter needed to pursue contribution under Ohio Voluntary Action Program (Ohio Ct. App.), 474

LEAD PAINT

– Conn. prosecutors cannot use RCRA definitions in state law hazardous waste prosecutions (Conn.), 388
– Consumer Product Safety Improvement Act of 2008 (CPSIA) clarifies most preemption issues, empowers state attorneys general, BNA Analysis & Perspective, 1104
– Disclosure violations alleged

– – Buyer has no claim against sellers when buyer never incurred any costs (C.D. Ill.), 575; prior ruling affirmed, 700
– – Child not party to lease, civil liability claims dismissed (N.D. Ga.), 1035

– Medical removal protection benefits, citation against firm that failed to pay affected employee upheld (OSHRC), 910
– Public nuisance

– – Columbus, Ohio, voluntarily dismisses claims against pigment makers (Ohio Ct. C.P.), 612
– – Contingent fee attorneys may be retained as long as government's in-house counsel reserves decisionmaking authority and control (Cal. Ct. App.), 379
– – R.I., manufacturers appeal no-fault hybrid nuisance/product liability ruling (R.I.), 144; industry members file amici briefs, 145; text of amicus brief, 156; oral argument will be Webcast, 425; public nuisance claim should have been dismissed, unanimous decision, 561; implications of decision, BNA Analysis & Perspective, 763
– – Toledo suit barred by statutes of limitations and repose (Ohio Ct. C.P.), 4

– Strict liability claims against pigment maker dismissed (N.Y. Sup. Ct. App. Div.), 511
– Toys

– – Mattel and others reach $1.8M settlement, adopt new standards before deadline (Cal. Super. Ct.), 1089
– – Thomas train

– – – Insurer has duty to defend (N.D. Ill.), 609
– – – Manufacturer settles class suits (Ill. Cir. Ct.), 78

LEARNED INTERMEDIARIES

– Chantix smoking cessation drug allegedly caused psychotic behavior, negligent failure-to-warn physician claim allowed (E.D. Pa.), 1017
– Colchicine, doctrine bars claims against hospital and pharmacist (Ala.), 218
– Cymbalta, widow's failure-to-warn case fails based on doctor's testimony he would have prescribed antidepressant even with a stronger warning (E.D. La.), 449
– Prozac and suicide, suit barred (N.D. Ga.), 215
– Zyprexa, defense bars suicide widow's suit (S.D. Tex.), 177

LEGISLATION, FEDERAL

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

– – HR 1424, Emergency Economic Stabilization Act signed by President Bush renews brownfields tax incentive, 923
– – HR 2421, Clean Water Act (CWA) protection for “all” U.S. waters, mayors to decide support, 88; Outlook 2008, 96; EPA official raises concern over term “waters of the United States” rather than “navigable waters,” 372
– – HR 4040, Consumer Product Safety Modernization Act, state legislators urge Congress to restrict use of six phthalates in children's toys and products, 469; toxicity of substitutes may not be well known, chemist warns, 513; conferees agree on ban on phthalates and restricted use of lead in children's products, 658; approved by Congress, 675; signed by president, 712
– – HR 5642, Radioactive waste, measure to ban imports introduced, 255
– – HR 6666, Clean Air Act amendment would prevent EPA from regulating greenhouse gases, introduced by Blackburn (R-Tenn), 683
– – HR 6903, Bruce Vento Ban Asbestos and Prevent Mesothelioma Act introduced by House Democrats to ban asbestos in virtually all products, 799

– Senate

– – S 742, Ban Asbestos in America Act applying TSCA definition passed by Senate in October 2007, 799
– – S 906, Mercury Market Minimization Act introduced by Obama (D-Ill) prohibiting export of mercury to reduce overseas emissions, 434; passed by Congress and sent to president, 854
– – S 1566, Oil Pollution Act amendment to require audits of oil spill liability trust fund disbursements in excess of $100,000 approve by committee, 477
– – S 1870, Clean Water Act (CWA) protection for “all” U.S. waters, mayors to decide support, 88; Outlook 2008, 96
– – S 2146, Environmental Protection Agency would be allowed to require diesel emissions reduction projects in settlements, passed by House, 522
– – S 2643, Mercury Emissions Control Act introduced by Carper (D-Del) would require power plants to curb emissions by 90 percent, 434
– – S 2663, CPSC Reform Act, phthalates ban in certain products approved by Senate, 242
– – S 2700, Oil Pollution Act amendment to phase out federal limits on financial liability for oil spills by companies using single-hull tankers approved by Senate committee, 477
– – S 3109, Hazardous Waste Electronic Manifest Establishment Act introduced by Thune (R-ND) would require EPA to establish electronic tracking system and authorize fees to fund the program, 522; approved by Senate Environment and Public Works Comm., 682; approved by Senate but appears stalled in House committee, 896
– – S 3494, Restoring the Value of Every American in Environmental Decisions Act to require EPA to restore value assigned to a human life passed by Senate committee, 825
– – S 3495, Protect Pregnant Women and Children from Dangerous Lead Exposures Act to require EPA to modify lead abatement approved by Senate committee, 825
– – S 3496, Air and Health Quality Empowerment Zone Designation Act authorizing funds to reduce pollution in California's San Joaquin Valley approved by Senate committee, 825
– – S 3544, Superfund Polluter Pays Act introduced by Clinton (D-NY) would reinstate taxes on industry to finance cleanups, 865

LIMITATIONS PERIODS

See STATUTES OF LIMITATIONS

LITIGATION TOOLS

– Public nuisance, Rhode Island v. Lead Industries Association on appeal to R.I. Supreme Court, reprint of amicus brief filed by Coalition for Public Nuisance Fairness and Property Casualty Insurers Ass'n of America, 156

LOUISIANA

– Attorneys' fees, party in environmental suit against U.S. can recover EAJA fees related to entire suit even when party only prevails on one of its claims (E.D. La.), 493
– Chemical fires, hydrochloric acid, exposure and injury testimony lacking (M.D. La.), 145
– Class representative not exposed to chemical leak, award overturned (La. Ct. App.), 962
– Cordarone, maker of brand name drug owes no duty to user of generic (La. Ct. App.), 426
– Cymbalta, widow's failure-to-warn case fails based on doctor's testimony he would have prescribed antidepressant even with a stronger warning (E.D. La.), 449
– Delivery worker allegedly ordered to unload chemicals without protective clothing, claims properly included in-state manager, remanded to state court (W.D. La.), 302
– Development on contaminated landfill, residents' emotional distress damages reduced (La. Ct. App.), 175
– Dow Chemical negligence allegedly caused leak at facility, removed to federal court due to potential damages amount (E.D. La.), 302
– Fosamax and osteonecrosis, monitoring class certification in three states denied (S.D.N.Y.), 42
– Hurricane Katrina

– – Canal breaches, citizen suits not included in federal facility provision of RCRA, suit dismissed (E.D. La.), 430
– – RCRA landfill disposal challenge properly dismissed (E.D. La.), 284

– Immunity, state environmental agency can be sued for failing to carry out “meaningful inspections” of hazardous waste facility containing radioactive isotopes (La. Ct. App.), 464
– Oil and gas, contamination, improper cumulation of nonoverlapping claims, separate trials required (La. Ct. App.), 1118
– Radioactive contamination of land by oil drilling pipes, punitive award of $112M upheld (U.S., rev den), 362
– Storm water discharges at refinery, CITGO fined $13M (W.D. La.), 829
– Tobacco cessation program, reduced award of $263.5M ordered to fund court-supervised program (La. Civ. Dist. Ct.), 655

LUNG DISEASE

– Asbestos

See ASBESTOS

– Tobacco

See TOBACCO INDUSTRY