Toxics Law Reporter Index-Summary

RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT

– Class actions, history and future predictions, Analysis & Perspective, 458

RADIATION

– Exposure on oil rig, subcellular damage as bodily injury (U.S., rev sought), 6
– Superfund, Quehanna nuclear reactor site, Pa., Lockheed Martin Co. may intervene in proposed ARCO cleanup consent decree (M.D. Pa.), 1131
– Thyroid disease and cancer, Uravan, Colo. uranium mine, personal injury and medical monitoring claims properly dismissed (10th Cir.), 1012
– Transuranic waste, state may regulate Energy Dep't WIPP-designated waste at Hanford, Wash. site under RCRA (9th Cir.), 379; stimulus funds to help with cleanup, 486; tri-party agreement and consent decree proposed, 971

RAILROADS

– Air pollution, locomotives, Conrail excessive emissions from idling, federal law preempts suit (D.N.J.), 99
– Anhydrous ammonia spill, anti-preemption amendment to Federal Railroad Safety Act, constitutional challenge (U.S., rev den), In Brief, 632
– Asbestos

– – Mesothelioma, voluntary general release does not preclude tort suit under FELA (W. Va.), 410
– – Workplace exposure, CSX entitled to jury instruction re fear-of-cancer claim, $5M FELA award abandoned (U.S., vac and rem), 656; new trial on damages ordered (Tenn. Ct. App.), 1039

– Diesel exhaust and multiple myeloma, studies on which expert bases opinion need not draw definitive causation conclusions (Neb.), 334
– Hazardous waste

– – Burlington Northern and Santa Fe Ry. subject to joint and several liability for cleanup under state superfund law (Mont. Dist. Ct.), 278
– – Kawasaki Rail Car settles charges re storage and containment violations at Yonkers, N.Y. factory (S.D.N.Y.), 1200

– Hydrochloric acid vapor, worker exposure from passing train, res ipsa loquitur does not apply, suit against CSX dismissed (6th Cir.), 836
– Shipping rates for hazardous materials are trade secrets, plaintiff in derailment case may not obtain (Tex.), 1144
– Superfund

– – Cost recovery

– – – Dunnett's Cove, Me. tar and poly-aromatic hydrocarbon (PAH) contamination, firms liable for dumping in sewer lines (D. Me.), 842
– – – Joint and several liability of arrangers in pesticide spills (U.S., oral arg), 270; judg rvs, 584; effects of decision, conferees discuss, 634; impact of decision, Analysis & Perspective, 711; reduced role of science in CERCLA, Analysis & Perspective, 826; cost apportionment by causation, Analysis & Perspective, 948; cleanup and settlement incentives decreased, Analysis & Perspective, 1002; divisibility defense, effect on use, Analysis & Perspective, 1075; U.S. Supreme Court Term, Review, 2008-2009, Analysis & Perspective, 1113

– – Drinking water well in containment path, railroad owners to pay almost $1M to replace, 211

RCRA

See RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)

REACH (REGISTRATION, EVALUATION, AND AUTHORIZATION OF CHEMICALS) LAW

See EUROPEAN UNION (EU)

REAL ESTATE

– Contamination

– – Asbestos, pipeline removal site, easement and property owner class decertified and remanded (Colo. Ct. App.), 895
– – Complaint lacking specific RCRA sections violated dismissed (N.D. Cal.), 1071
– – Lead, industrial property seller liable re failure to obtain no further action letter (N.J. Super. Ct.), 971
– – Possibility of finding continuing tortious acts does not extend limitations period on state claims (W.D. Mich.), 440

– Diminished property value claims and stigma damages

– – Benzene exposure, verdict against city overturned (Tex.), 578
– – Expert calculation methodologies, Analysis & Perspective, 282
– – Perfluorochemicals, jury finds no devaluation from 3M releases (Minn. Dist. Ct.), 748
– – Trends and current market, Analysis & Perspective, 250

– Hydrogen sulfide, oil well releases endanger health and property values, class certified (S.D. Ill.), 305
– Lead and zinc contamination, Tar Creek buyout, residents sue re undervaluation (Okla. Dist. Ct.), 487
– Natural gas compression station, landowners awarded $1.24M for noise and odor pollution (Tex. Dist. Ct.), 134
– Polychlorinated biphenyls (PCBs)

– – Economic harm to property, homeowners' joinder of plant manager is fact issue warranting remand to state court (N.D. Fla.), 304
– – Golf course contamination, expert causation testimony unreliable, suit dismissed (D. Conn.), 816

– Septic tank and drainage, caveat emptor does not bar buyer suit against nondisclosing commercial seller (Fla. Dist. Ct.), 870
– Superfund, Flotts Creek, Mich., hazardous waste dumping, seawall construction not necessary cleanup cost (E.D. Mich.), 1107
– Vapor intrusion assessments, ASTM VI Standard proximity presumptions inappropriate, Analysis & Perspective, 768

REFINERIES

– Clean Air Act (CAA)

– – Asphalt, EPA seeks comment on proposed rule to set generally available control technology (GACT) for area source toxic emissions, 822; proposed rule published, In Brief, 850
– – BP explosion, court accepts plea agreement with $50M fine and probation (S.D. Tex.), 382; related state suit filed (Tex. Dist. Ct.), 709
– – Frontier Ref. to invest $127M in pollution controls and pay penalty in proposed consent decree (D. Kan.), 243
– – Greenhouse emissions reporting, comment sought re proposed rule, 514; focus on emissions greater than 25,000 tons planned, 639; final rule released, 1155
– – Premcor permit, EPA to review citizen-proposed consent decree re monitoring deficiencies (D.D.C.), 211
– – Wyoming Ref. to pay $14M in improvements and penalties per proposed consent decree (D. Wyo.), 244

– Explosion and hazardous substance release, insured owes separate event deductibles (S.D. Tex.), 1132
– Hazardous waste, improper disposal, Texas Oil and Gathering execs plead guilty (S.D. Tex.), 539
– 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 and gas, Total Petrochemicals settles 73 Tex. clean air violations, 847
– RCRA, benzene storage and treatment, Jamestown, N.M., Western Refining to pay fine, 1108
– Settlements

– – BP agrees to pay $180M in pollution control and penalties for Texas City, Tex. violations in proposed consent decree (N.D. Ind.), 276
– – Breslube-Penn oil reprocessing site, 36 companies to pay $15M for cleanup (W.D. Pa.), 672
– – Point Breeze Processing Center, Pa., Sunoco-ARCO indemnification agreement did not create successor liability re petroleum contamination (E.D. Pa.), 761

– Solvent exposure and acute lymphocytic leukemia, worker sues oil and chemical companies for failure to warn (Tex. Dist. Ct.), 303; status conference set, 366
– Superfund, metal slag, disturbing contaminants during site investigation not disposal (D.N.J.), 792
– Zinc, DePue smelter contamination, Ill. superfund law bars village penalty ordinance suit (C.D. Ill.), 794

REGISTRATION, EVALUATION, AND AUTHORIZATION OF CHEMICALS (REACH) LAW

See EUROPEAN UNION (EU)

REGLAN

– Harm from long-term use, removal proper (E.D. Pa.), 560
– Metoclopramide

See GENERIC DRUGS

– Preemption, state failure-to-warn claims survive for generic drugs, claims re brand name drugs dismissed (W.D. Okla.), 413
– Tardive dyskinesia, physician must show expertise to qualify as expert on causation (Tex. Ct. App.), 306

RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)

– Chemical manufacturing site owner/developer reaches agreement to clean up facility, 1177
– Citizens' suits

See CITIZENS' SUITS

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

See CRIMINAL LAW AND PROCEDURE

– Dioxin, Dow Chem. Midland, Mich. 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
– Disposal violations at W. Va. plant, Bayer CropScience agrees to pay $1M, 343; methomyl residue treater involved in unrelated fire lacked permit, 587
– Hazardous waste

– – Arsenic and benzene contamination, state law conspiracy suit remanded (N.D. Ill.), 586
– – Benzene storage and treatment, Jamestown, N.M., Western Refining to pay fine, 1108
– – Cathode ray tubes (CRTs), exporter must dispose waste it tried to illegally ship to Hong Kong, 1071
– – Chlorine gas, improper disposal, water treatment firm foreman and president sentenced (E.D. Tex.), 674
– – Computer parts recycler, EPA and ICE raid re illegal dumping in China, 146
– – Earth Justice seeks reconsideration of recent EPA rule change excluding previously classified solid material, 185
– – Kawasaki Rail Car settles charges re storage and containment violations at Yonkers, N.Y. factory (S.D.N.Y.), 1200
– – Mercury

– – – Contamination, N.Y. City to pay penalty and improve disposal, 997
– – – State storage permit law enforceable re small waste generators (D.R.I.), 944; natural gas company fined re illegal storage, 1176

– – Riverside County, Cal., solid waste disposal facility on tribal land, $45.1M award against operator upheld (9th Cir.), 1070
– – Shawnee Mission Med. Center settles improper storage claims (EPA), In Brief, 642
– – Universal waste rule, industry seeks EPA clarification on proposal to include pharmaceutical waste, 351

– Hydrocarbon plume and ground water contamination, cleanup order not dischargeable in bankruptcy (7th Cir.), 1044
– Mercury contamination, natural gas well operator to clean up and replace meters (W.D. La.), 820
– Radioactive transuranic waste, state may regulate Energy Dep't WIPP-designated waste at Hanford, Wash. site under RCRA (9th Cir.), 379; stimulus funds to help with cleanup, 486; tri-party agreement and consent decree proposed, 971
– Refineries, contaminated waste, Texas Oil and Gathering execs plead guilty to improper disposal (S.D. Tex.), 539
– Shipping requirements, initial use is proper focus for spent material determination (D.D.C.), 1151
– Solid waste definition rule, comments challenge environmental justice assessment, 880

RETAIL INDUSTRY

– Foreign manufacturers, limited liability for defective products harms U.S. consumers, Analysis & Perspective, 153

RHODE ISLAND

– Cleanup violations, governor signs law raising maximum fines, 822
– Dioxin contamination, Superfund administrative action, insurer must defend policyholder under state law (1st Cir.), 453
– Hazardous waste, mercury contamination, state storage permit law enforceable re small waste generators (D.R.I.), 944; natural gas company fined re illegal storage, 1176
– Public nuisance, sovereign immunity does not protect state from payment of costs in lead paint case it initiated (R.I. Super. Ct.), 177

RICO

See RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT