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Vol. 24, Nos. 1 - 41, pp. 1-1210 Jan. 1 -- Oct. 15, 2009 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
NANOTECHNOLOGY
– Emerging technology, perception of risk will spawn litigation before actual harm is known, Analysis & Perspective, 73
– 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 – Insurance coverage and exclusions, Analysis & Perspective, 570 – Manufacturers urged to track scientific literature, practice workplace safety, prepare for lawsuits, 205 – Marketing nanoengineered products – National Nanotechnology Initiative reauthorization – Risk management considerations for manufacturers, insurers, and counsel, Analysis & Perspective, 326
– RCRA, Riverside County, Cal., solid waste disposal facility on tribal land, $45.1M award against operator upheld (9th Cir.), 1070
– Superfund, Quaqaw tribe state loss-of-use natural resources damage claims not preempted (N.D. Okla.), 314
– Hurricanes Katrina and Rita, 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
– N.J. Spill Act, retroactive removal costs allowed, public nuisance claim time-barred, ExxonMobil and state split fees in partial summary judgment (N.J. Super. Ct.), 244
– Oil spills
– – Oakland-San Francisco Bay Bridge collision, Cal. sues M/V Cosco Busan for bunker fuel damage (Cal. Super. Ct.), 68
– – Storage tank release, jury trial right exists (S.D. Tex.), 273
– – Aerojet site, perchlorate contamination, Sacramento County, Cal. sues for cleanup costs (E.D. Cal.), 819
– – Commencement Bay/Nearshore Tideflats, Wash. site, Occidental Chem. to pay $1.55M for hazardous waste release and habitat restoration (W.D. Wash.), 607 – – Current property owner obligated to prior owner for cleanup costs and damages per terms of purchase agreement (3rd Cir.), 240 – – Palmerton Zinc Pile, Pa. site, responsible parties to pay $12M and give land to state (M.D. Pa.), 941 – – Palos Verdes Shelf, Cal. site, EPA sets meetings to discuss PCB and DDT containment plans, 734; cleanup plan announced, 1175 – – PCE contamination, V.I. aquifer, suit lacking substantial federal issue dismissed (D.V.I.), 1039 – – Quaqaw tribe state loss-of-use NRD claims not preempted (N.D. Okla.), 314 – – Woodland Dump sites, Rohm & Haas will pay N.J. $1.4M for hazardous substance disposal (N.J. Super. Ct.), 611
– Anhydrous ammonia spills, Okla. pipeline company to pay $3.65M for CWA violations (D. Kan.), 998
– CAA, isopropyl alcohol emissions, Am. Lab. to pay fine and install controls (D. Neb.), 760 – Carbon monoxide poisoning from poorly-maintained gas boiler system, insurer has no duty to defend plumbing and heating firm (Neb.), 1152 – Diesel exhaust and multiple myeloma, studies on which physician bases opinion need not draw definitive causation conclusions (Neb.), 334 – Fecal coliform, nitrites, and ammonia discharge, Tyson to pay $2M for consent decree violations at Dakota City plant (D. Neb.), 1020 – Mining contaminant release, ASARCO $1.1B settlement approved (Bankr. S.D. Texas), 731 – Perchloroethylene (PCE), ground water contamination, Cargill granted summary judgment absent proof of polluting acts or knowledge (D. Neb.), 56 – Phosphorous pentasulfide (P2S5), hydrogen sulfide, and encephalopathy, expert evidence insufficient (D. Neb.), 989
– Asbestos
– – Family exposure from work clothes, premises liability claim dismissed (Ill. App. Ct.), 722
– – Pipeline removal site contamination, easement and property owner class decertified and remanded (Colo. Ct. App.), 895 – – Workplace exposure and mesothelioma, court must give reason for setting aside verdict and granting new trial (Tex.), 810 – Duragesic patch, design defect and punitive damages claims proceed under Utah law (D. Utah), 965 – Grout sealant, Flexipel and respiratory problems, distributor liability (N.D. Ga.), 872 – Hydrochloric acid vapor, worker exposure from passing train, res ipsa loquitur does not apply, suit against CSX dismissed (6th Cir.), 836 – Veterinary medication, wrongful death of pet cats, owner loss not covered (Vt.), 626
– Glycerin, diethylene glycol-tainted fever medicine, Haitians may not sue Dutch distributor in Fla. (Fla. Dist. Ct.), 871
– Superfund, Anaconda Mine site, ARCO to pay $10.2M in cleanup and EPA costs, 562
– Superfund, Beede Waste Oil site, Mass. agencies to pay $2.85M for cleanup (D.N.H.), 508
– Accutane and inflammatory bowel disease, defense evidence improperly restricted, $2.6M verdict vacated (N.J. Super. Ct. App. Div.), 368
– Air pollution, locomotives, Conrail excessive emissions from idling, federal law preempts suit (D.N.J.), 99 – Asbestos, workplace exposure, paper mill workers, award proper (N.J. Super. Ct.), 988 – Diacetyl exposure, insurer not liable under policies issued after initial diagnoses (N.J. Super. Ct. App.), 5 – Elidel and cancer, punitive damages claim insufficient for federal jurisdiction, suits remanded (D.N.J.), 750 – Envtl. Rights Act advance notice requirements, failure to comply not curable (D.N.J.), 512; class certified in remaining suit, 1193 – Hazardous waste cleanup, governor signs Site Remediation Reform Act privatizing oversight authority, 610; overview, Analysis & Perspective, 883 – Hexavalent chromium, PPG Industries to pay $1.5M for soil contamination cleanup per proposed consent decree (N.J. Super. Ct.), 279 – Lead contamination, industrial property seller liable re failure to obtain no further action letter (N.J. Super. Ct.), 971 – Mold and respiratory problems, treating physician opinion sufficient to allow suit to go to trial (N.J. Super. Ct. App. Div.), 1192 – Pollution monitoring wells installed under cleanup order no trespass under state law (D.N.J.), 454 – Spill Act, retroactive removal costs allowed, public nuisance claim time-barred, ExxonMobil and state split fees in partial summary judgment (N.J. Super. Ct.), 244 – Superfund
– – Algro Knitting Site, consent order did not limit EPA right to seek civil fine (D.N.J.), 704
– – Carteret site, metal refinery slag, disturbing contaminants during site investigation not disposal (D.N.J.), 792 – – Interlee site PCE, TCE, and vinyl chloride contamination, liability-shifting costs not recoverable (D.N.J.), 994 – – Kickback conspiracy, contractors plead guilty (D.N.J.), 346; Federal Creosote site landscaper pleads guilty, 792; former soil treatment exec pleads guilty, 818; electrical subcontractor employee sentenced, 846; project manager and subcontractors indicted, 1110 – – Landfill contamination, defendants to pay $99M to state and EPA under proposed settlement (D.N.J.), 61 – – Manville site creosote cleanup, government alleges fraud in Kerr-McGee restructuring (Bankr. S.D.N.Y.), 670 – – McGuire Air Force Base site, nickel, mercury, and other contaminants, federal facility cleanup agreement signed, 1131 – – Montville site, attorneys' and consultant's fees not used to further cleanup not recoverable (D.N.J.), 1150 – – Woodland Dump sites, Rohm & Haas will pay state $1.4M under Spill Compensation and Control Act (N.J. Super. Ct.), 611
– – Class actions, lack of predominance precludes certification (N.J. Super. Ct.), 415
– – Compensatory damages, $4.5 million award to heart attack victim stands (N.J.), 1171
– Avandia, failure to warn, case meeting state notice pleading standard remanded (E.D. Pa.), 789
– E. coli and hemolytic uremic syndrome, beef recall, mother of ill teenager sues JBS Swift (D. Colo.), 840 – RCRA, benzene storage and treatment, Jamestown refinery, Western Refining to pay fine, 1108 – Superfund
– – Socorro site, EP Tech liable for $9M in trichlorethylene (TCE) cleanup costs (6th Cir.), 537
– – South Valley site, aircraft manufacturing plant groundwater contamination, Air Force and Dep't of Energy to pay $3.3M cleanup costs (D.N.M.), 754
– Cinergy failed to timely disclose witness pay, new trial ordered (S.D. Ind.), 12
– Emissions increase, EPA delays implementation of aggregation rule, 245; delay extended, 638 – Fine particulate emissions, EPA rule stayed, 678 – Fugitive emissions, National Resources Defense Council sues EPA over new rule in facility modifications (D.C. Cir.), 276; rule stayed, 1156 – Major stationary sources of air pollution, N.Y. Envtl. Bd. sets regulations, 68 – Nitric acid production plants, suit demands EPA emissions standard review and regulation (D.D.C.), 211 – Ozone nonattainment areas, interim EPA rule allowing regional emissions trading remanded (D.C. Cir.), 842 – Power plants, coal-fired
– – Louisiana Generating sued for failure to install best available control technology and obtain modification permit (M.D. La.), 277
– – Unreviewed modifications, Midwest Generation faces suit (N.D. Ill.), 1047
– CAA, particulate emissions, Rockland County nonattainment designation remanded (D.C. Cir.), 821
– Chemical-laden sludge, water plant official charged with dumping into Susquehanna River (N.Y. County Ct.), 383 – Chlorinated solvent, methylene chloride, and acetone contamination, no private right of action under state Environmental Conservation Law (W.D.N.Y.), 676 – Drinking water, Hudson River PCB removal, GE to pay for alternative water supply and dredge waste per consent decree (N.D.N.Y.), 145; municipalities seek to halt dredging pending alternative water supply, 317; dredging begins, 635 – Mold and respiratory problems, unreliability of scientific causation evidence warrants dismissal (N.Y. App. Div.), 36 – New source review, Envtl. Bd. sets regulations for major stationary sources of air pollution, 68 – Pollution cleanup inspection reveals need for more ventilation to dissipate chemical contamination, In Brief, 386 – ReNu ML and non-Fusarium keratitis eye infections, expert testimony excluded (N.Y. Sup. Ct.), 874; related federal cases exclude evidence (D.S.C.), 1062 – Resource Conservation and Recovery Act (RCRA)
– – Hazardous waste, Kawasaki Rail Car settles charges re storage and containment violations at Yonkers factory (S.D.N.Y.), 1200
– – Informal EPA assent to RI/FS plan and state implementing expenditures bar citizens' cleanup suit (E.D.N.Y.), 180 – – Mercury and lead contamination, N.Y. City to pay penalty and improve hazardous waste disposal, 997
– – Cost recovery, gas plant site cleanup, NYSEG claim against PRP reinstated (2d Cir.), 606
– – Griffiss Air Force Base removed from National Priorities List, 483 – – Solvent Savers site, defendants agree to pay $14.8M in proposed consent decree (N.D.N.Y.), 271
– Trovan clinical trials and meningitis, Pfizer to pay Kano and study participants $75M, 938
– CAA, power plant particulate matter emissions, $1B pollution controls ordered, TVA plans appeal (W.D.N.C.), 675
– Clean Air Interstate Rule (CAIR) reinstated until new rule promulgated, earlier decision reversed (D.C. Cir.), 10; Senate roundtable discusses response, 567; EPA considers new standards, 848 – Degreaser and caustics in public water supply, public works official who dumped and falsified documents sentenced for conspiracy (E.D.N.C.), 381 – Municipal water treatment plant, pollutant discharge coverup, operator sentenced (W.D.N.C.), 674 – Public nuisance, coal-fired power plants, North Carolina v. TVA theory may prevail in other tort areas, Analysis & Perspective, 352 – USTs, safety violations, untimely penalty challenge properly dismissed (N.C. Ct. App.), 999
– Advance notice, N.J. Environmental Rights Act requirements, failure to comply not curable (D.N.J.), 512; class certified in remaining suit, 1193
– Anhydrous ammonia spills, pipeline company failing to promptly notify to pay $3.65M (D. Kan.), 998 – Arsenic and barium exposure and cancer, requirement in pollution exclusion buy back clause properly upheld (Cal. Ct. App.), 820 – Consumer Product Safety Improvement Act (CPSIA)
– – CPSC publishes proposed rule setting requirements for mandatory recall notices, 417
– – Scope, notification requirements, penalties, and safe harbor, Analysis & Perspective, 20 – Failure to file document, notice not required re violation of state anti-pollution laws (Mass. App. Ct.), 907 – Fluoride contamination, drinking water, county not required to notify residents under Safe Drinking Water Act (Cal.), 795 – Lead paint, landlord not put on notice of problem by peeling paint or city regulations, tenant suit dismissed (Ohio Ct. App.), 89 – Neosynephrine, untimely claim against manufacturer barred by physician discussion of potential addiction to user (N.D. Ill.), 203 – Pre-suit letter sufficient to identify dredge-and-fill location survives motion to dismiss under CWA (S.D. Miss.), 213 – Real estate contamination, possibility of finding continuing tortious acts does not extend limitations period on state claims (W.D. Mich.), 440 – Soil contamination from USTs, compliance costs prior to insurer notice not reimbursable (Ind.), 636
– Carbon dioxide emissions, ruling allowing common law nuisance claims against electric utilities to proceed may spur greenhouse gas suits, lawyers say (2d Cir.), 1124
– Public nuisance
– – Benzene exposure, acute lymphoblastic leukemia and property damage, verdict against city overturned (Tex.), 578
– – Coal-fired power plants, North Carolina v. TVA theory may prevail in other tort areas, Analysis & Perspective, 352 – – Lead paint, failure to disclose dangers, Ohio attorney general withdraws suit against 10 manufacturers (Ohio Ct. C.P.), 236 – – Noxious odors and chemical emissions from paper plant, class claims dismissed (M.D. Ala.), 1041 – – Sovereign immunity does not protect state from payment of costs in lead paint case it initiated (R.I. Super. Ct.), 177
– – Contamination
– – – Asbestos, pipeline removal site, easement and property owner class decertified and remanded (Colo. Ct. App.), 895
– – – Possibility of finding continuing tortious acts does not extend limitations period on state claims (W.D. Mich.), 440 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |
