Toxics Law Reporter Index-Summary

MAINE

– Diesel and oil contaminated soil, movement and dumping creates waste facility (Me.), 1022
– Superfund, cost recovery, Dunnett's Cove tar and poly-aromatic hydrocarbon (PAH) contamination, firms liable for dumping in sewer lines (D. Me.), 842

MARKETING

– Chantix and neuropsychological injuries, Pfizer sued re safety misrepresentations (D. Minn.), 936; cases consolidated (N.D. Ala.), 1172
– Class actions

– – Hydroxycut and liver problems, suits filed (D. Mass, N.D. Ala.), 604
– – Tobacco, deceptive advertising campaign, class decertification improper (Cal.), 624
– – Vioxx, lack of predominance precludes certification (N.J. Super. Ct.), 415

– Nanotechnology, research and development products

See LEGISLATION, FEDERAL, HR 820

– Nexium, preemption of state false advertising claims (U.S., vac and rem), 337; suit remanded (3d Cir.), 603
– Yasmin, Yaz, and Ocella contraceptives and side effects, Philadelphia misleading advertising suits consolidated (Phila. Ct. C.P.), 1128

MARYLAND

– Bisphenol-A (BPA), baby bottles and cups, state House votes to ban, 477; Senate rejects, 507
– Coal-related fly ash, Constellation Power Generation settlement approved, (Md. Cir. Ct.), In Brief, 42
– Mercury-based thimerosal vaccines and autism, epidemiologist causation testimony barred (Md.), 750
– RCRA, DOD sites, state sues to enforce Army cleanup order at Fort Meade (D. Md.), 13
– Superfund, Army to sign federal facilities agreement for Ft. Meade cleanup, 538; interagency agreement signed, 755

MASSACHUSETTS

– Beryllium exposure, defense contractor lab worker suit not time barred (1st Cir.), 1035
– BPA, baby bottles and cups, Pub. Health Dep't issues advisory on use for formula or breast milk, 992
– CAA, Boston bus company to pay $650,000 civil penalty for idling violations (D. Mass.), 947
– CWA, Mystic River oil spill, ExxonMobil Pipeline agrees to pay $6.2M in plea agreement (D. Mass.), 14; sentencing, 588
– Deceptive ads for “light” cigarettes, state claims may proceed (Mass.), 444
– Failure to file document, notice not required re violation of state anti-pollution laws (Mass. App. Ct.), 907
– Hazardous waste transportation, management firm settles permit violation charges (Mass. Super. Ct.), 590
– Superfund, Beede Waste Oil, N.H. site, state agencies to pay $2.85M for cleanup (D.N.H.), 508
– Tar pollution, long-term contamination, pro rata insurer liability allocation adopted (Mass.), 942

MDL

See MULTIDISTRICT LITIGATION (MDL)

MEDICAL DEVICES

– Manufacturers, Ga. bill would give immunity for FDA compliance, 239
– Outlook 2009, 120
– Pain pump, post-sale duty to warn claim likely to be recognized by state court, unsupported fraud claims dismissed (W.D. Va.), 57
– Preemption, speakers argue merits of state tort actions and agency regulation, 478

MEDICAL MONITORING

– Beryllium exposure, Boeing workers properly denied class certification (Cal. Ct. App.), 1036
– Hazardous waste burning and illnesses, Iraq and Afghanistan veterans sue Halliburton and KBR (N.D. Okla.), 893; Senate committee probes hexavalent chromium and sodium dichromate exposure, 940
– Perfluorooctanoic acid (PFOA), Teflon-related contamination, monitoring program rejected and class certification denied (D.N.J.), 36
– PFOA contamination in Parkersburg, W. Va. water supply, claim upheld in suit against DuPont (S.D.W. Va.), 1169
– Zinc, cadmium, arsenic, and lead contamination, state-led cleanup no bar to challenge, suit remanded under CAFA (W.D. Okla.), 585; remand proper (10th Cir.), 1060

MERCURY

– Ash contamination, school board property falls under pollution exclusion clause (M.D. Fla.), 969
– Cement kilns, settlement includes EPA proposed emissions limits on existing plants (D.C. Cir.), 95; proposed consent decree requires publication of standards, 151; proposed rule released, 542; industry concerned, 733; activists urge adoption, 767
– Chlor-alkali processing technology cleanup

See LEGISLATION, FEDERAL, S 1428

– Clean Air Mercury Rule (CAMR)

– – Emissions trading program, states, environmental, and American Indian groups oppose Utility Air Regulatory Group and EPA request for review (U.S., brief filed), 147; EPA to set standards, government moves to dismiss, 209; new administration has opportunity to use MACT, coordinate CAMR and CAIR, 248; (rev den), 274; EPA considers new standards, 848
– – Outlook 2009, 117

– Hazardous waste, state storage permit law enforceable re small waste generators (D.R.I.), 944; natural gas company fined re illegal storage, 1176
– Illegal storage, natural gas company fined (D.R.I.), 1176
– Medical waste incinerator emissions, EPA final rule would tighten limits, 1133; rule published, In Brief, 1181
– Mining contamination, Sunoco seeks clarification of effect on state statutes of repose (U.S., rev sought), 344; (rev den), 754
– Multiple chemical sensitivity (MCS) and broken blood pressure monitor, evidence lacked Daubert reliability, suit dismissed (S.D.N.Y.), 8; motion to vacate denied, 267
– Pollution reduction

See LEGISLATION, FEDERAL, HR 2190, S 1428

– Power plants

– – Coal-fired

– – – State emissions limits preempted by CAA (Pa. Commonw. Ct.), 183
– – – Waste water discharge, effluent guidelines, EPA plans revision, 1112

– – Emissions control

See LEGISLATION, FEDERAL, HR 1841

– Resource Conservation and Recovery Act (RCRA)

– – Natural gas well operator to clean up and replace meters (W.D. La.), 820
– – N.Y. City to pay penalty and improve hazardous waste disposal, 997

– Superfund, McGuire Air Force Base, N.J., federal facility cleanup agreement signed, 1131
– Thimerosal-containing vaccines

– – Autism

– – – Epidemiologist testimony barred (Md.), 750
– – – Special master finds no link (Fed. Cl.), 234

– – Neurological damage, design defect claims not preempted by Vaccine Act (U.S., rev sought), 660; Solicitor General view sought, 698

– Tuna

– – Canning companies need not warn consumers of naturally occurring contaminant (Cal. Ct. App.), 370
– – Packaging and labeling, federal agency actions preempt suit, seafood producer argues (U.S., rev sought), 92; opposing brief filed, 447; (rev den), 531

MESOTHELIOMA

See generally ASBESTOS

METALS

– Beryllium

– – Boeing workers properly denied class certification (Cal. Ct. App.), 1036
– – Defense contractor lab worker exposure, suit not time barred (1st Cir.), 1035
– – NASA worker hypersensitivity to potentially toxic substance not compensable injury (5th Cir.), 88

– CAA, lead, chromium, manganese, or nickel compounds, chemical preparation facility particulate emissions standards proposed, 973
– Clean Water Act (CWA)

– – Discharges, Patriot Coal to pay $6.5M and implement preventive measures (S.D.W. Va.), 214
– – Iron, zinc, copper and other solids in waste discharge, Atlantic Wire pleads guilty, settles for $1.5M (Conn. Super. Ct.), 44; VP pleads guilty in related suit (D. Conn.), 879

– Coal-ash sludge, residents allege TVA spill was foreseeable, seek damages (E.D. Tenn.), 263
– Electroplating

See ELECTROPLATING

– Lead

See LEAD

– Precious metals recovery business ordered to identify and clean up contaminants under state Hazardous Waste Act (Colo. Dist. Ct.), 382
– Superfund

– – Chromium release, manufacturer may be liable for cleanup costs (W.D. Mich.), 967
– – Landia Chemical, Fla. site, $8.5M settlement approved (M.D. Fla.), 1069
– – McGuire Air Force Base, N.J., federal facility cleanup agreement signed, 1131
– – Refinery slag, disturbing contaminants during site investigation not disposal (D.N.J.), 792

– Zinc

See ZINC

METOCLOPRAMIDE

– Brand-name manufacturer denied review re liability to patients using generic equivalents (Cal.), 136
– Harm from long-term use, removal proper (E.D. Pa.), 560
– Neurological injuries, MDL panel denies consolidation motion, 726
– State failure-to-warn claims survive preemption, claims re brand name drugs dismissed (W.D. Okla.), 413
– Tardive dyskinesia

– – Brand-name manufacturers not liable for failure to warn generic equivalent user (W.D. Ark.), 661
– – Federal labeling law does not preempt failure-to-warn claims (D. Vt.), 41; interlocutory review denied, 534
– – Long-term use, manufacturers must add warning label per FDA, 313

MEXICO

– Sewage treatment, San Ysidro, Cal. plant to meet NPDES permit levels for Tijuana River effluent (S.D. Cal.), 794

MICHIGAN

– Chemicals, draw compounds, sophisticated user status bars most GM worker claims against supplier, negligence claims may proceed (Mich. App. Ct.), 264
– CWA, shopping center developer agrees to wetlands restoration, fine, and settlement (E.D. Mich.), 15
– Dow Chemical, dioxins

– – Midland plant cleanup, EPA, state, and Dow begin talks, 46; property value decline class action remanded (Mich.), 933; talks extended, 1045; tentative agreement reached, 1151; exposure study has limited value, EPA says, 1181
– – West Michigan Park site, Dow will clean under EPA supervision, 316

– Product liability suits, law protecting drug manufacturers repealed, 477
– Real estate contamination, possibility of finding continuing tortious acts does not extend limitations period on state claims (W.D. Mich.), 440
– Superfund

– – Contribution, parent company fencing cleanup site not liable as operator (W.D. Mich.), 902; manufacturer may be liable for chromium release, 967
– – Flotts Creek, hazardous waste dumping, seawall construction not necessary cleanup cost (E.D. Mich.), 1107
– – Kalamazoo River site, PCBs, Georgia-Pacific to spend $10M on cleanup, 729

MILITARY

See ARMED SERVICES

MINING

– Abandoned mines, federal lands

See LEGISLATION, FEDERAL, HR 699, HR 3201, S 140, S 796

– Chrysotile asbestos contamination, Vermont Asbestos Group Mine site, former owner to pay $25.6M for cleanup (Bankr. D.N.J.), 817
– Clean Water Act (CWA)

– – Contamination, government moves to dismiss citizen suit, says CERCLA pre-cleanup bars suit (W.D. Wash.), 342
– – Gold waste discharge, froth-flotation mills, regulatory jurisdiction (U.S., oral arg), 62; Army Corps permit upheld (judg rvs), 758; injunction lifted (9th Cir.), 844; U.S. Supreme Court Term, Review, 2008-2009, Analysis & Perspective, 1113
– – Rock Creek, Alaska gold mine, storm water discharge claims settled (D. Alaska), 636
– – Selenium release, Bridge Fork Surface Mine, W. Va., state consent order no bar to suit (S.D.W. Va.), 1019
– – Zinc effluent discharge, Red Dog Mine, Alaska, Teck Alaska to pay civil penalties, 1110

– Coal

See COAL

– Copper

See generally COPPER

– Fraudulent stock transfer, Grupo Mexico must pay $6B to ASARCO (S.D. Texas), 511; $1.1B settlement approved, 731
– Mountaintop mining waste, ban on dumping into rivers and streams

See LEGISLATION, FEDERAL, HR 1310, S 696

– Overview of pending bills, chart, 1084
– Selenium contamination at Idaho phosphate mines sites, Nu-West Mining seeks federal government reimbursement (D. Idaho), 1069
– Stream buffer-zone rule

– – Citizens' challenge proceeds, rule stands (D.D.C.), 997
– – Outlook 2009, 114

– Superfund

– – Contribution, polluter may not recover more than damages suffered (10th Cir.), 668
– – Hardrock mining, financial assurances, EPA plans standards, 847; proposed rule release set, 1134
– – Mercury contamination, Sunoco seeks clarification of effect on state statutes of repose (U.S., rev sought), 344; (rev den), 754

MINNESOTA

– Hormone replacement therapy (HRT) and breast cancer

– – Specific causation evidence inadmissible under state law (Minn. Ct. App.), 896
– – Time bar applies to nonresident suits under state law (Minn.), 1061

– Perfluorooctanoic acid (PFOA), 3M granted summary judgment rejecting personal injury claims for Scotchgard and Teflon manufacturing waste disposal (Minn. Dist. Ct.), 4; jury finds no property devaluation, 748
– Poultry waste, insured must help insurer pursue defense contribution (Minn. Ct. App.), 673
– Salmonella, contaminated peanut butter, Peanut Corp. of Am., son may seek punitive damages for death of mother (D. Minn.), 202
– Universal waste rule, industry seeks EPA clarification on proposal to include hazardous waste, MPCA criticizes lack of reduction incentives, 351

MISSISSIPPI

– Clean Air Act (CAA)

– – Hydrocarbon, nitrogen oxide, and carbon monoxide emissions, Chinese-made nonroad engines importer charged (D.D.C.), 675
– – Mononitrotoluene release, First Chemical to pay civil penalty and improve safety (S.D. Miss.), 1021

– Lead paint, poisoning and learning disabilities from ingested chips, jury awards $7M (Miss. Cir. Ct.), 812; paint manufacturer seeks JNOV or new trial, 898
– Propyl bromide and neurological disorders, intentional workplace exposure, $7.48M verdict upheld (Miss.), 1098

MISSOURI

– Cost recovery, §107, response costs may be recovered re Westinghouse settlement despite lack of EPA involvement (E.D. Mo.), 482
– CWA, pesticides, company and owner plead guilty to illegal discharge and improper waste storage (W.D. Mo.), 182; owner sentenced, 1072
– Fen-phen and pulmonary hypertension, in pari delicto, use of wife's medication, summary judgment denied (E.D. Pa.), 506
– Mold, exclusion clauses in building owner commercial insurance policy bar coverage (W.D. Mo.), 481
– Motor vehicle emissions tests, inspector pleads guilty to falsifying results (E.D. Mo.), 12; inspector sentenced in related case, 1133
– RCRA, St. Louis-area metal plating firm owner sentenced for illegal hazardous waste disposal (E.D. Mo.), 320
– Wrongful death, $20M award to smoker survivors lacks support, remanded for new trial on punitive damages (Mo. Ct. App.), 7

MOLD

– Indemnification, subcontractor faulty materials not covered in CGL policy, insurer must pay costs for spread (4th Cir.), 242
– Pollution exclusion clauses

– – Building owner commercial insurance policy bars coverage (W.D. Mo.), 481
– – Condominium management over-watering is not discharge of pollutants (Cal. Ct. App.), 199

– Respiratory problems

– – Treating physician opinion sufficient to allow suit to go to trial (N.J. Super. Ct. App. Div.), 1192
– – Unreliability of scientific causation evidence warrants dismissal (N.Y. App. Div.), 36

– Statutes of limitations, Oregon Residential Landlord Tenant Act (ORLTA) does not bar common law negligence claim, reinstated and remanded (Or.), 56

MONTANA

– Asbestos, W.R. Grace

– – Criminal trial set, Outlook 2009, 106
– – Libby site

– – – EPA administrator agrees to visit, 100
– – – Public health emergency declared, $6M federal medical aid awarded, 765
– – – Tremolite cleanup, EPA releases report, 591
– – – Vermiculite mine, trial set on knowing endangerment charges (D. Mont.), 147; product tests and indoor air studies testimony allowed, 275; opening statements, 320; defense says EPA negligent in protecting town, 418; motion to dismiss denied re most defendants, 562; second defendant dismissed, 588; jury finds not guilty on all counts, separate trial remains, 608; indictment against last defendant dismissed, 730

– Hazardous waste, Burlington Northern and Santa Fe Ry. subject to joint and several liability for cleanup under state superfund law (Mont. Dist. Ct.), 278
– Mining contaminant release, ASARCO $1.1B settlement approved (Bankr. S.D. Texas), 731
– Radiation exposure on oil rig, subcellular damage as bodily injury (U.S., rev sought), 6

MOTOR VEHICLES

– Auto fluff dump, bankruptcy estate would pay $8.3M for Superfund cleanup under proposed consent decree (Bankr. N.D. Ill.), 671
– Cal. port clean-trucks program likely unconstitutional, remanded for injunction (9th Cir.), 422; preliminary injunction granted (C.D. Cal), In Brief, 590
– Carbon monoxide poisoning, risk from van parked outdoors with improperly installed exhaust system not obvious, summary judgment reversed (11th Cir.), 264
– Chemicals, draw compounds, sophisticated user status bars most GM workers claim against supplier, negligence claims may proceed (Mich. App. Ct.), 264
– Greenhouse emissions

– – Clean Air Act (CAA)

– – – Endangerment finding, state attorneys general ask for quick decision, 217; EPA decision expected soon, 322; EPA sends proposed rule to White House, 422; White House clears proposal, 513; proposed rule released, 541; OMB memo notes impact on small business, 612; national standards expected soon , 732; U.S. Chamber of Commerce seeks formal hearing, 766
– – – Motor vehicle efficiency standards, EPA told to review state waiver requests, 150; EPA to hold hearings, take comments on possible reversal, 215; hearing date and comment deadline set, 281; proposed finding of endangerment to issue soon, 384; EPA grants state waiver, In Brief, 825
– – – Preemption of state regulations, presidential memo restrains agency exercise, 662; experts discuss policy shift, Special Report, 851

– – Outlook 2009, 108
– – Tests, inspector pleads guilty to falsifying results (E.D. Mo.), 12; inspector sentenced in related case, 1133

– Trichlorethylene (TCE), class action may proceed despite Superfund cleanup activities (S.D. Ohio), 558

MULTIDISTRICT LITIGATION (MDL)

– Accutane and suicide, failure to warn, summary judgment for manufacturer proper under Wis. law (11th Cir.), 724
– Avandia, failure to warn, cases lacking federal question or fraudulent joinder remanded (E.D. Pa.), 310; case meeting N.M. notice pleading standard remanded, 789
– Blood factor concentrate, Taiwanese hemophiliacs alleging contaminated products may keep case in Cal. for time-bar determination (N.D. Ill.), 137; suit barred, 504; contract claims dismissed, 937
– Celexa and Lexapro, class action may not consolidate with MDL proceeding (E.D. Mo.), 659
– Dental cream with zinc causing copper deficiency and neurological injuries, MDL panel consolidates suits, 725
– Digitek makers and distributors sued for defective tablets, master complaint dismissal denied (S.D.W. Va.), 963; related Tex. state cases consolidated (Tex.), 964
– Drywall, homeowners and builders allege Chinese-manufactured product releases toxins (M.D. Fla.), 201; sulfur and other chemicals found, Nelson (D-Fla) and investigators sickened after visiting homes, 665; MDL panel consolidates suits, 725; CPSC issues status report, 840
– Fluoropolymers in grout sealer, CPSA does not create private cause of action re failure to report hazards, summary judgment for manufacturers and sellers (N.D. Ga.), 724
– Formaldehyde exposure in FEMA trailers, class certification denied, multidistrict suit on disparate issues will proceed as mass joinder (E.D. La.), 4; trial set, 502; state tort claims preempted, 657; trailer not unreasonably dangerous product, jury finds, 1192
– Grout sealant, Flexipel and respiratory problems, distributor liability (N.D. Ga.), 872
– Hormone replacement therapy (HRT) and breast cancer

– – Time bar applies to nonresident suits under state law (Minn.), 1061
– – Wyeth ghostwriting documents unsealed (E.D. Ark.), 934

– Metoclopramide and neurological injuries, MDL panel denies consolidation motion, 726
– Neurontin and suicidal behavior, general causation evidence allowed (D. Mass.), 603; class certification denied, 626; related case dropped by plaintiff, 938
– NuvaRing case, defense-physician contact barred, plaintiff-physician contact limited (E.D. Mo.), 474
– Osteonecrosis

– – Aredia and Zometa, defense summary judgment motions and expert witness challenges denied (M.D. Tenn.), 990
– – Fosamax, defense deposition of Australian expert is plaintiff expense (S.D.N.Y.), 370; mistrial declared in first case to go to trial, 1102; expert testimony allowed in 24 remaining cases, 1104

– Seroquel and diabetes, physician testimony lacks Daubert reliability to establish medical causation (M.D. Fla.), 176; hearing set on disclosure of sealed documents, 266; released documents show weight gain studies, 338; foreign regulatory actions inadmissible, 371
– Teflon-coated cookware toxicity, plaintiffs voluntarily dismiss suits (S.D. Iowa), 625
– Viagra and non-arteritic anterior ischemic optic neuropathy (NAION), expert evidence excluded (D. Minn.), 1016
– Vytorin, Merck and Schering-Plough to pay consumers and insurers $41.5M for delayed release of clinical trial results (D.N.J.), 962; manufacturers move to dismiss Tex. claims (E.D. Tex.), 1127
– Zyprexa and diabetes and weight gain, plaintiff causation expert excluded (E.D.N.Y.), 628; manufacturer wins summary judgment re failure to warn, 699; three cases dismissed as time-barred and lacking causation, 788