Toxics Law Reporter Index-Summary

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)

– Whistleblowers, Smithsonian lighting installer with asbestosis files Office of Special Counsel complaint for failure to warn and job demotion, 411

OHIO

– Asbestos

– – Work clothes, Ohio law limiting liability for property owner bars wife's laundry exposure suit (Ohio Ct. App.), 233
– – Workplace exposure, law revision requiring medical proof applied retroactively to preclude widow's lung disease suit (Ohio Ct. App.), 58

– Benzene, workplace exposure to aircraft fuel, pollution exclusion clause does not bar insurer coverage (Ohio Ct. App.), 729
– Clean Air Act (CAA)

– – BASF settles charges re manufacturing site (E.D. Tex.), 1224
– – Sulfur dioxide and nitrogen oxide emissions, Ohio Edison to retrofit coal-fired power plant for biomass fuels in consent decree modifications (S.D. Ohio), 970

– Hazardous waste facility operators and owner to pay $14.7M re improper closure (Ohio C.P.), 1225
– Lead paint

– – Failure to disclose dangers, state attorney general withdraws public nuisance suit against 10 manufacturers (Ohio Ct. C.P.), 236
– – Landlord not put on notice of problem by peeling paint or city regulations, tenant suit dismissed (Ohio Ct. App.), 89
– – Poisoning from sandblasting dust, state not liable for private bridge contractor injury (Ohio Ct. App.), 892

– Preexisting environmental liabilities, company asset transfer includes cleanup cost insurance coverage (N.D. Ohio), 943
– Superfund

– – Settlements, United Scrap Lead site, firm to pay $1.6M for cleanup (S.D. Ohio), 271
– – Trichlorethylene (TCE), class action may proceed despite cleanup activities (S.D. Ohio), 558

– Trileptal and multi-organ sensitivity, manufacturing and design defect claims dismissed under state law (S.D. Ohio), 961
– Yasmin, Yaz, and Ocella contraceptives and hyperkalemia, failure-to-warn plaintiffs seek consolidation (J.P.M.L.), 900; Philadelphia misleading advertising suits consolidated (Phila. Ct. C.P.), 1128; consolidation granted (S.D. Ill.), 1172

OIL AND GAS

– Arsenic and barium exposure and cancer, notice requirement in buy back clause properly upheld (Cal. Ct. App.), 820
– Benzene

See generally BENZENE

– CAA, energy companies to pay $7M and install pollution controls (D. Utah), 540; Colorado Interstate Gas to pay $1M fine, 907
– Climate change, Eskimo suit against oil and energy companies dismissed (N.D. Cal.), 1216
– CWA, Mississippi River terminal operator pleads guilty re oil discharge (E.D. Mo.), 480; manager and supervisor sentenced, 794
– Diesel and oil contaminated soil, movement and dumping creates waste facility (Me.), 1022
– Diesel exhaust

– – Ferox and bladder cancer, workplace exposure, expert testimony unreliable, dismissal proper (5th Cir.), 579
– – Multiple myeloma, studies on which physician bases opinion need not draw definitive causation conclusions (Neb.), 334

– Diesel fuel and herbicide mixture, tree trimmer exposure suit dismissed (4th Cir.), 503
– Double-hull oil tankers, Coast Guard has discretion re coastwise endorsement (4th Cir.), 1022
– Ethanol, Outlook 2009, 108
– Failure to file document, notice not required re violation of state anti-pollution laws (Mass. App. Ct.), 907
– Hydrogen sulfide, oil well releases endanger health and property values, class certified (S.D. Ill.), 305
– Marine Shale oilfield waste processing site, La. Envtl. Quality Dep't to oversee study and cleanup, 487
– Mercury-containing regulators, state storage permit law enforceable re small hazardous waste generators (D.R.I.), 944; natural gas company fined re illegal storage, 1176
– MTBE contamination, ExxonMobil ordered to pay $105M compensatory damages (S.D.N.Y.), 1217
– Natural gas compression station, landowners awarded $1.24M for noise and odor pollution (Tex. Dist. Ct.), 134
– Pipelines

– – Asbestos contamination at removal site, easement and property owner class decertified and remanded (Colo. Ct. App.), 895
– – Enbridge Energy to pay $1.1M settlement for violating construction permits (Wis. Cir. Ct.), 47

– Radiation exposure on oil rig, subcellular damage as bodily injury (U.S., rev sought), 6
– Refineries

See REFINERIES

– Resource Conservation and Recovery Act (RCRA)

– – Mercury contamination, natural gas well operator to clean up and replace meters (W.D. La.), 820
– – Service station contamination, Esso entitled to trial on liability, injunction reversed in part (1st Cir.), 756

– Single-hull oil carriers, Coast Guard drops rule on leak-detecting devices, 48
– Sludge treatment, sulfuric acid, intentional injury claim by Chevron worker reinstated under Utah workers compensation exception (Utah), 262
– Soil damage, contamination from well capped decades ago not continuing tort under La. law (5th Cir.), 836
– Spills

See SPILLS

– Superfund

– – Breslube-Penn reprocessing site, 36 companies to pay $15M for cleanup (W.D. Pa.), 672
– – Cooper Drum site, EPA orders 43 parties to clean up tainted soil and ground water, 316
– – Creosote cleanup, government alleges fraud in Kerr-McGee restructuring (Bankr. S.D.N.Y.), 670
– – Landia Chemical, Fla. site, $8.5M settlement approved (M.D. Fla.), 1069
– – “Polluter pays” tax

See LEGISLATION, FEDERAL, HR 564, HR 832

– – Uniroyal's prior agreement with EPA may not be used to establish successor cleanup liability (N.D. Ind.), 319
– – World War II aviation fuel manufacturing site, U.S. to pay $84M to oil firms for cleanup (Fed. Cl.), 508

– Tar pollution, long-term contamination, pro rata insurer liability allocation adopted (Mass.), 942
– USTs

See UNDERGROUND STORAGE TANKS (USTs)

– Volatile organic compounds, tank farm owner to pay $2.5M for false emissions data (N.D. Cal.), 878
– Waste disposal, Brazilians sue U.S. companies (S.D. Ind.), 559

OKLAHOMA

– Anhydrous ammonia spills, Okla. pipeline company to pay $3.65M for CWA violations (D. Kan.), 998
– Legislative agenda, litigation reform, Outlook 2009, 70
– Superfund

– – Lead and zinc contamination, Tar Creek buyout, residents sue re undervaluation (Okla. Dist. Ct.), 487
– – Poultry operations, state gets expedited appeal in suit against producers for alleged improper waste disposal creating Illinois River damage (10th Cir.), 95; phosphorous compounds contaminating waters, state sues Tyson and others for cleanup costs (N.D. Okla.), 378; injunction properly denied (10th Cir.), 633; monetary damages claims dismissed (N.D. Okla.), 903
– – Quaqaw tribe state loss-of-use natural resources damage claims not preempted (N.D. Okla.), 314

– Tort reform and class action limitation, governor signs bill, 663
– 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

OPTOMETRY

– Acathamoeba keratitis and contact lens solution, manufacturer root cause analysis documents protected as work product and by attorney-client privilege (E.D. Tex.), 372

OREGON

– Mold, statutes of limitations, Residential Landlord Tenant Act (ORLTA) does not bar common law negligence claim, reinstated and remanded (Or.), 56
– Pollution control law violations, legislature passes bill to increase penalties, 676
– Punitive damages, $79.5 million verdict against Philip Morris stands (U.S., dism), 444

OSHA

See OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)

OZONE

– Clean Air Act (CAA)

– – New source review, nonattainment areas, interim EPA rule allowing regional emissions trading remanded (D.C. Cir.), 842
– – Power plant particulate matter emissions, $1B pollution controls ordered, TVA plans appeal (W.D.N.C.), 675

– Clean Air Interstate Rule (CAIR)

– – EPA rule reinstated until new rule promulgated, earlier decision reversed (D.C. Cir.), 10; Senate roundtable discusses response, 567; EPA considers new standards, 848
– – Outlook 2009, 117

– Eight-hour standard for factories and power plants, EPA sets hearing and extends comment period for proposed rule, 247
– Nitrogen oxide, EPA gets more time to set emission standards for large marine engines (D.C. Cir.), 210; witnesses seek particulate standards, 975
– San Joaquin Valley, Cal. rules, EPA sued for failure to timely set (N.D. Cal.), 43; EPA rejects one-hour standard attainment plan, 66; nonattainment areas may fine contributing sources, 67
– Volatile organic compound content in paint, dyes, and finishes, Environment Canada publishes final rule limiting, 1197