Toxics Law Reporter Index-Summary

MAINE

– Children's products, legislature approves ban on certain chemicals, 366
– Tobacco, light and low tar claims, preemption by cigarette labeling law (U.S., rev grant), 60; (oral arg), 878; overview of oral argument, 884

MARITIME INDUSTRY

See SHIPS AND SHIPPING

MARKETING

– Advertising in U.S. asbestos industry magazine link to allow Md. dock workers to sue Australian shipper (Md. Ct. Spec. App.), 818
– Off-label use promotion, branded drug makers may be liable for use of generics (Pa. Ct. Comm. Pls.), 321
– Tobacco

See TOBACCO INDUSTRY

– Vioxx clinical trial mainly for marketing purposes, study says, 778
– Vytorin/Zetia cases consolidated (D.N.J. MDL), 340
– Zyprexa, Eli Lilly will pay state $15M to settle allegations (Alaska Super. Ct.), 298

MARYLAND

– Asbestos, Australian shipper through port of Baltimore may be sued by dock workers (Md. Ct. Spec. App.), 818
– Coal-related fly ash, drinking water contamination suit filed (Md. Cir. Ct.), 985
– Defense Department sites

– – Fort Detrick, state official says resistance from military is key problem, 834
– – Fort Meade, state notifies Army it intends to sue over stalled cleanup, 738; state official testifies before Senate committee about problems, 834

– Pollution exclusion clauses, insurer has duty to defend if “remote” chance “sudden and accidental” exception applies (D. Md.), 782
– RCRA, abandoned radioactive and other wastes, tenant's cleanup duty (U.S., rev sought), 69; (rev den), 351
– Statutes of limitations for environmental laws, legislators vote to extend to uniform 3 years, 328
– USTs

– – ExxonMobil agrees to pay $4M for gas leak (Md. Cir. Ct.), 833
– – Owner of gas stations in Md., Va., and D.C. fined over $3 million (EPA EAB), 249

– Velsicol Chemical settlement with state requires cleanup of soil and ground water (Md. Cir. Ct.), 639

MASSACHUSETTS

– Coal tar, parent-subsidiary link must exist at time of release for liability (Mass.), 251
– Diethylstilbestrol, daughter's suit belongs in Mass. where her mother was treated (D.D.C.), 561
– Dredge-and-fill operations, energy company's request to deem state waived certification due to inaction is denied (D.C. Cir.), 415
– Excessive engine idling, waste hauler agrees to pay to settle CAA charges (D. Mass.), 718
– Greenhouse gas emissions cap approved by legislature, 681
– Home heating oil contamination not covered under pollution exclusion clause (1st Cir.), 84
– “Long tail” environmental damage question certified, whether any one insurer liable for costs for manufactured gas plant damages over many years (1st Cir.), 520
– Paints and coatings maker agrees to pay $2.3M to settle state air pollution and other environmental law violations (Mass. Super. Ct.), 999
– Sandblasting company agrees to fine and emergency response equipment donation to settle waste charges, 715
– Water Authority to pay fine in agreement over discharges into bay (D. Mass.), 593

MEDICAL DEVICES

– Label change, congressional Democrats question FDA proposal, 80; second request sent to FDA, 218; final rule meets opposition and support, 733

MEDICAL MONITORING

– Fosamax and osteonecrosis, monitoring class certification in three states denied (S.D.N.Y.), 42
– Heavy metals allegedly remain after zinc smelter cleanup, town residents seek monitoring and damages (Okla. Dist. Ct.), 343
– Legal, policy, and medical arguments against monitoring, BNA Analysis & Perspective, 436
– Nanoparticles, testing of workers not practical yet, journal article says, 451
– Perfluorooctanoic acid

– – Health study enters second phase to determine whether human health is harmed, 694
– – Teflon-related water contamination suit, class certification denied (S.D.W. Va.), 876

– Smoker's statewide class denied due to lack of present physical injury (Or.), 409
– Trichloroethene in well water, monitoring claim rejected absent present injury (N.C. Ct. App.), 26
– Vinyl chloride exposure, settlement initially approved (E.D. Pa.), 199

MEETINGS

See CONFERENCES AND MEETINGS

MERCURY

– Canada, emissions from Detroit utility's power plants allegedly damage fish populations in Ontario, trial set (Ont. Sup. Ct.), 621
– Cement kilns

– – Amount of emissions twice reported in 2006, environmental groups say, 665
– – EPA to propose emissions limits (D.C. Cir.), 226; new rule could come this fall, 665

– CAA, coal-fired power plants

– – Emissions, EPA must set strict limits, trading system void (D.C. Cir.), 134; Carper (D-Del) plans legislation, 155; citizen coalition seeks immediate action, 204; government seeks to bar implementation order, 225; regulations ordered, 284; industry groups file motions for rehearing, 308; EPA asks Supreme Court to extend appeal deadline, 703; utility trade group plans to file petition for certiorari, 832; (U.S., rev sought), 944
– – Environmental Integrity Projects notifies Tex. utility of intent to file suit, 681
– – Sierra Club sends intent-to-sue letters, 433

– Controls on emissions

See LEGISLATION, FEDERAL, S 2643

– Dental

– – Congressional survey of state and local efforts finds mandatory program is most effective for reducing releases, 811
– – Mandatory standards not needed, EPA report, 811

– Emissions trading system defended by EPA, 434
– Environmental, study finds correlation with autism, 411
– EU ban on exports to begin in 2011, 852
– Export prohibition

See LEGISLATION, FEDERAL, S 906

– Iron and steel, small-emitting plants, EPA final rule published, 34
– Natural gas company guilty of illegal storage (D.R.I.), 944
– Power plants, EPA updates continuous emissions monitoring requirements, 87
– Tuna, appeal argued in preemption cases (3d Cir.), 181; FDA informal actions did not preempt state tort claims, 730
– Vaccines with thimerosal

– – Federal law preempts family's design defect and failure-to-warn claims (Pa. Ct. Comm. Pls.), 822
– – Ga. design defect claims are not preempted (Ga.), 937

– Wal-Mart contractor left recycling products behind, “no further action” letter needed to pursue contribution under Ohio Voluntary Action Program (Ohio Ct. App.), 474

METALS

– Air toxic standards issued by EPA for clay ceramics, glass, brass and bronze makers, 15
– Allocation of 80 percent of cleanup costs to manufacturer due to knowing use of “egregious polluter” as waste hauler (E.D. Pa.), 755
– Clean Air Act (CAA)

– – Aluminum production firm fined for violating emission standards, 14
– – Metal plating and polishing facilities, EPA proposes no new emissions controls, 255

– Clean Water Act (CWA)

– – Copper

– – – Gaston case remanded to identify injury to environmental groups (4th Cir.), 153
– – – Impaired waters, mining company discharge permit rejected because it would have allowed discharges into river (U.S., rev sought), 517

– – Gold and silver refining facility operator pleads guilty and agrees to pay $3M (D. Utah), 784
– – Gold mining wastes may not be discharged into Alaskan lake (U.S., rev sought), 119; (rev grant), 570
– – “Significant nexus” to navigable waters, manufacturer's conviction vacated due to lack of jury instruction (U.S., rev sought), 756
– – Silver-tainted waste, former Fujicolor employee pleads guilty to filing false reports to conceal discharge (E.D. Tenn.), 552

– Electroplating

See ELECTROPLATING

– Fabrication and finishing sources standards revised, EPA final rule issued, 554; EPA required to issue national emissions standards for area sources, 639
– Fear of non-radioactive heavy metals, state claim would not be preempted by Price Anderson Act if distress is divisible (9th Cir.), 508
– Gadolinium-based contrast dyes alleged cause of nephrogenic systemic fibrosis or dermopathy, N.J. cases consolidated (N.J. Super. Ct.), 410
– Gold

– – ASARCO and Newmont agree to pay $20.5M to settle Superfund claims related to mine and smelting operation (D. Colo.), 590
– – Lava Cap Mine, federal and state regulators seek to recover more than $22M in cleanup costs (E.D. Cal.), 972

– Indemnification, scrap metal firms, diminished property value not recoverable as equivalent of cleanup cost (9th Cir.), 12
– Iron and steel, small-emitting plants, EPA final air pollutants rule published, 34
– Lead-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
– Nanosilver report urges research and policies to prevent harm to health and environment, 778
– Plating and polishing operations standards revised, EPA issues final rule, 554
– Pollution exclusion clause, coverage for periodic waste shipment denied (Ohio Ct. App.), 283
– Useful product defense rejected, “sham sale” of nickel might have hid disposal of hazardous waste (S.D. Tex.), 858
– Water pollution, Tex. agency denies El Paso County request to charge ASARCO, 207
– Zinc

See ZINC

METHYL TERTIARY BUTYL ETHER (MTBE)

– Contamination of water wells on site intended for residential development a “cognizable injury,” developer's suit allowed to proceed (S.D.N.Y.), 652
– Drinking water contamination case brought by public water providers, multiple oil companies settle for $422M (S.D.N.Y.), 426; expert's testimony on level of detection unreliable, 448; stigma damages testimony by real estate expert barred as unreliable, 509; judge holds “commingled product” liability ruling not immediately appealable, 541
– Superfund petroleum exclusion does not apply to MTBE alone (S.D.N.Y.), 617

MEXICO

– Effluent, deadline for Cal. plant to upgrade treatment of waste water extended (S.D. Cal.), 785

MICHIGAN

– CWA, large animal feedlots must disclose waste plans during permitting process (Mich. Ct. App.), 71
– Coal-fired power plant, citizens' group sues state for failure to regulate (Mich. Cir. Ct.), 138
– Dioxins, neighborhood class certified for suit against Dow Chem. (Mich. Ct. App.), 80
– Mich. Sugar Co. will spend $13M to settle alleged violations and pay fine for pulp dryer releases (E.D. Mich.), 455
– Mold remediation contractors do not owe separate duty to employees (E.D. Mich.), 796
– Pharmaceutical firms' immunity from suit

– – Aredia and Zometa bone-building drugs, state shield law bars claims and federal law preempts fraud exception (M.D. Tenn.), 319
– – Paxil, fraud exception barred (W.D. Mich.), 216
– – Repeal of law sought by governor, 132
– – Rezulin, diabetes drug, “fraud on the FDA” suit not barred, plaintiff argues (U.S., oral arg set), 62; (oral arg), 179

– State superfund law

– – Cost recovery action may be pursued by potentially responsible party (Mich. Ct. App.), 638
– – Residential standard applies, law requires cleanups to meet site's current zoning level (Mich. Ct. App.), 370

– Tittabawassee River, EPA administrator resigns citing pressure over Dow Chemical dioxin-contaminated sediment cleanup, 419
– USTs, oil leak into grocery store, claim dismissed for lack of expert proof (E.D. Mich.), 207

MILITARY

See ARMED SERVICES

MINING

– Alaska mining company will build pipeline to settle wastewater discharge allegations (D. Alaska.), 807
– Anaconda Mine Superfund site in Nev., Atlantic Richfield agrees to reimburse EPA $2.7M, 431; settlement finalized, 570
– Ariz. towns, ASARCO agrees to spend $13.5M to clean up contamination (Bankr. S.D. Tex.), 368
– Bankruptcy, Butte mine, unsecured claim may be used for cleanup (D. Mont.), 150
– Canadian smelter, Superfund applies to slag discharges into Wash. river (U.S., rev den), 49
– Coal

See COAL

– Contribution, settlement does not include allocation of defense costs to PRP (D. Colo.), 83
– Copper

See generally COPPER

– Gold

– – ASARCO and Newmont agree to pay $20.5M to settle Superfund claims related to mine and smelting operation (D. Colo.), 590
– – Lava Cap mine, federal and state regulators seek to recover more than $22M in cleanup costs (E.D. Cal.), 972

– Indian tribe cannot enforce RCRA consent decree unless the agreement clearly names tribe as intended third-party beneficiary (9th Cir.), 569
– Lead smelter and other state superfund sites, proposed ASARCO bankruptcy settlement calls for $143M payment to Mont. cleanup fund (Bankr. S.D. Tex.), 677; global credit crisis threatens sale of company, 945
– Natural resources damages, mining near Clark Fork River, ARCO settles cleanup claim (D. Mont.), 138; consent decree approved, 756
– Ongoing CERCLA cleanup bars CWA and RCRA suits (D. Colo.), 325
– Phosphate mining permit, environmental groups challenge Army Corps of Engineers issuance (M.D. Fla.), 680
– Removal of old dam and contaminated tailings, ASARCO and Atlantic Richfield agree to pay $37M, 2 cases (D. Mont.) (Bankr. S.D. Tex.), 385
– Selenium discharges by mines alleged, motion to dismiss citizen CWA suit rejected (S.D.W. Va.), 120

MINNESOTA

– Benzene, no showing of noncompliance with OSHA warning regulations (Minn. Dist. Ct.), 63
– Levaquin and tendon rupture

– – Federal cases consolidated (D. Minn. MDL), 546
– – Venue transfer for nonresidents' claims rejected (D. Minn.), 278

– Metoclopramide and tardive dystonia, federal law preempts warning claim against generic drug maker (D. Minn.), 545
– Phthalates and deca-BDE flame retardant, governor vetoes phaseout in children's products, 449
– Pollution exclusion clause bars coverage for mold damage from compost facility (Minn. Ct. App.), 454
– Tobacco, deceptive ads for “light” cigarettes, federal cigarette labeling law does not bar state claims (Minn. Ct. App.), 10

MISSISSIPPI

– Benzene in Liquid Wrench alleged cause of lymphocytic lymphoma, $2M verdict set aside after expert's causation evidence excluded as scientifically unreliable (Miss.), 654
– “Block stowing” sufficient, companies could not have foreseen Hurricane Katrina would cause cargo to break loose (S.D. Miss.), 629
– Breast cancer allegedly due to wood treatment plant emissions, Superfund discovery rule does not toll running of state statute of limitations in this case (5th Cir.), 582
– CWA, developer who illegally filled wetlands properly sentenced (5th Cir.), 136; (U.S., rev sought), 517; (brief filed), 757; (rev den), 917
– Gasoline spill, knowledgeable landowners may establish devaluation through their own testimony (S.D. Miss.), 708
– RCRA, recycling firm owner sentenced for storing hazardous waste (S.D. Miss.), 137

MISSOURI

– Baycol cholesterol drug, motion to dissolve multidistrict litigation denied, certification denied, and summary judgment for maker due to lack of causation proof (E.D. Mo.), 1018
– Cancer cluster allegedly linked to insulation materials manufacturing waste (Mo. Cir. Ct.), 747; state health officials find no higher cancer rate near site, 968
– CAA

– – Portland cement maker agrees to pay fine and upgrade equipment at Mo. facility, 835
– – St. Louis auto emissions inspectors indicted for allegedly falsifying tests, 3 cases (E.D. Mo.), 862
– – “Wet demolition” of homes for St. Louis airport violated law (E.D. Mo.), 830

– CWA

– – Biodiesel plant waste dumped in canal, farm owner pleads guilty (E.D. Mo.), 680
– – Developer pleads guilty to not controlling runoff from construction site (E.D. Mo.), 14; prison sentence and restitution ordered, 416
– – St. Louis-area metal plating firm owner indicted for illegal disposal (E.D. Mo.), 860

– Contribution, §107 liability must be established or action still pending before PRP can pursue §113 claim (E.D. Mo.), 676
– Genetically modified rice, farmers sue Bayer CropScience for contamination, class certification denied (E.D. Mo.), 711
– Landfills, improper disposal, class of Conn. property owners charging Mo. firm certified (D. Conn.), 224
– RCRA

– – Assessor sentenced to prison for violating hazardous waste disposal law (E.D. Mo.), 697
– – St. Louis-area metal plating firm owner indicted for illegal disposal (E.D. Mo.), 860

MOLD

– Aflatoxin, Diamond Pet Foods settles class suit (E.D. Tenn.), 41
– Air Force had no duty to inspect on-base housing, dismissal affirmed (10th Cir.), 652
– Diagnosis of “mold illness,” physician's opinion rejected by 2 courts (D.D.C.) (Ohio Ct. App.), 689
– Differential diagnosis relied on potentially inaccurate blood test, summary judgment in occupational exposure suit affirmed (9th Cir.), 378
– Indemnification, damage to home not covered under standard Tex. policy (5th Cir.), 205
– Insurance adjuster's legal conclusions properly excluded (N.C. Ct. App.), 241
– Pollution exclusion clause bars coverage for damage from compost facility (Minn. Ct. App.), 454
– Remediation contractors do not owe separate duty to employees (E.D. Mich.), 796
– Scientists generally accept causal relationship between exposure to moldy environments and respiratory problems so no hearing to determine adequacy of evidence required (N.Y. Sup. Ct.), 560

MONTANA

– ASARCO and Atlantic Richfield agree to pay $37M to remove old dam and contaminated tailings, 2 cases (D. Mont.) (Bankr. S.D. Tex.), 385
– Asbestos, W.R. Grace

– – Company agrees to pay EPA record amount in Libby, Mont. settlement (Bankr. D. Del.), 225; payments to settle all personal injury claims could total more than $3B, 322
– – “Knowing endangerment” reinstated in criminal case involving vermiculite mine (U.S., rev sought), 369; (rev den), 549
– – Sen. Baucus (D-Mont) accuses White House of blocking public health “emergency” declaration in Libby, Mont., 864

– Bankruptcy, Butte mine, unsecured claim may be used for cleanup (D. Mont.), 150
– Boron from coal-fired power plant, residents agree to settle ground water contamination and property damages suit for $25M (Mont.), 406
– Carbon dioxide from proposed coal-fired power plant, environmental advocates challenge air quality permit (Mont.), 593
– Lead smelter and other state superfund sites, proposed ASARCO bankruptcy settlement calls for $143M payment to Mont. cleanup fund (Bankr. S.D. Tex.), 677; global credit crisis threatens sale of company, 945
– Natural resources damages, mining near Clark Fork River, ARCO settles cleanup claim (D. Mont.), 138; consent decree approved, 756
– Radiation, cell and DNA damage alleged by drilling rig workers, no Price-Anderson Act claim (9th Cir.), 818
– Sovereign immunity bars involuntary joinder of state in environmental contamination suit between private parties (D. Mont.), 936

MOTOR VEHICLES

– Asbestos

– – Parts warehouse worker, defense to appeal widow's award (N.J. Super. Ct.), 239
– – Standard of proof, frequency and regularity of exposure test adopted (Pa.), 40

– Chinese tractor imports violate CAA, company pleads guilty (D. Or.), 921
– Class representative not exposed to chemical leak, award overturned (La. Ct. App.), 962
– Climate change litigation, Outlook 2008, 89
– 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
– Epilepsy, summary judgment for DaimlerChrysler upheld, laborers failed to present sufficient expert evidence to prove causation, 2 cases (Ind. Ct. App.), 608
– Excessive engine idling, waste hauler agrees to pay to settle CAA charges (D. Mass.), 718
– Ford Motor Co.

– – PCBs in concrete from plant demolition, state administrative settlement must be final to form basis for contribution claim by PRP (D.N.J.), 914
– – Settlement, agrees to pay $1.4M to resolve complaint it abandoned emissions standards at soon-to-close Cleveland plant, 697

– Greenhouse emissions

– – CAA, EPA denial of waiver needed to impose standards appealed (9th Cir.), 33; House bill introduced to overturn EPA ruling, 229; EPA motion to dismiss denied, 349; auto industry attempt to delay compliance should state win approval to enforce standards rejected (E.D. Cal.), 572
– – EPA regulation prohibition

See LEGISLATION, FEDERAL, HR 6666

– – Request to order EPA to regulate gases denied (D.C. Cir.), 571

– PCBs, concrete from Ford plant, allegedly false statements may constitute consumer fraud (D.N.J.), 26
– St. Louis auto emissions inspectors indicted for allegedly falsifying tests, 3 cases (E.D. Mo.), 862
– School bus contractor agrees to retrofit or replace older diesel buses (Cal. Super. Ct.), 709
– Taxis, New York City plan to require fleets to shift to hybrids blocked (S.D.N.Y.), 1000

MTBE

See METHYL TERTIARY BUTYL ETHER (MTBE)

MULTIDISTRICT LITIGATION (MDL)

– Aqua Dots, toy bead craft cases consolidated (N.D. Ill.), 339
– Aredia and Zometa bone-building drugs, Mich. shield law bars claims and federal law preempts fraud exception (M.D. Tenn.), 319
– Baycol cholesterol drug, motion to dissolve multidistrict litigation denied, certification denied, and summary judgment for maker due to lack of causation proof (E.D. Mo.), 1018
– Coordination of complex litigation, BNA Analysis & Perspective, 898
– Digitek, heart medication suits consolidated (S.D.W. Va.), 711
– Fosamax and osteonecrosis, monitoring class certification in three states denied (S.D.N.Y.), 42
– Genetically modified rice, farmers sue Bayer CropScience for contamination, class certification denied (E.D. Mo.), 711
– Hormone replacement therapy (HRT) and breast cancer, federal case, jury awards $27 million in punitive damages (E.D. Ark.), 214
– Levaquin and tendon rupture, federal cases consolidated (D. Minn. MDL), 546
– MTBE contamination of drinking water

See METHYL TERTIARY BUTYL ETHER (MTBE)

– Peanut butter contaminated with salmonella, nationwide class action against maker may proceed (N.D. Ga.), 468
– Stand 'n Seal grout sealer with Flexipel, motions for summary judgment against plaintiffs with ambiguous exposure histories denied (N.D. Ga.), 587
– Trasylol wrongful death suits consolidated, but Conn. opposed as forum (MDL), 182; cases consolidated (S.D. Fla. MDL), 340
– Vytorin/Zetia marketing, sales practices, and product liability cases consolidated (D.N.J. MDL), 340
– Zyprexa, Internet broadcast of status conference allowed (E.D.N.Y.), 239