Toxics Law Reporter Index-Summary

RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT

– Light cigarettes class decertified (2d Cir.), 317

RADIATION

– Ban on imports of low-level radioactive waste

See LEGISLATION, FEDERAL, HR 5642

– But-for test, uranium mill neighbors failed to show exposure was contributing factor to their cancers (D.N.M.), 963
– Energy Department nuclear cleanup projects cost increases and delays, Govt. Accounting Off. report calls for better management, 896
– Fear of non-radioactive heavy metals, state claim would not be preempted by Price Anderson Act if distress is divisible (9th Cir.), 508
– Fla. Power and Light nuclear plant sewage sludge exposure blamed for cancer of later-born children, dismissal for flawed expert evidence upheld (11th Cir.), 361
– Hanford site waste spill, Energy Dept. agrees to pay $250,000 fine imposed by state, 386
– “Meaningful inspections,” state environmental agency can be sued for oversight of facility containing radioactive isotopes (La. Ct. App.), 464
– Nuclear fuel production site, §107 liability must be established or action still pending before PRP can pursue §113 claim (E.D. Mo.), 676
– Nuclear rods, delay in raising federal contractor defense excused by plaintiff's numerous changes to complaint allegations (E.D.N.Y.), 986
– Nuclear weapons plant worker died of rare form of cancer, Labor Department refusal to adjust settings for determining probability exposure caused disease upheld (5th Cir.), 653
– Oil drilling

– – Cell and DNA damage alleged by rig workers, no Price-Anderson Act claim (9th Cir.), 818
– – Pipes contaminated land, punitive award of $112M upheld (U.S., rev den), 362

– Pa., Apollo plant, Atlantic Richfield settles exposure claims (W.D. Pa.), 280
– Property values diminished by plutonium contamination from Rocky Flats Weapons Plant, $926M judgment for class (D. Colo.), 484
– RCRA, abandoned radioactive and other wastes, tenant's cleanup duty (U.S., rev sought), 69; (rev den), 351
– Thorium waste disposals in early 1900s may have been abnormally dangerous activity, motion to dismiss denied (N.D. Ill.), 985
– Ultraviolet, expert testimony that pipefitter sustained cranial nerve injury admissible, Frye does not apply (Ill. App. Ct.), 654
– Uranium processing plant ground water contamination, state and U.S. Energy Dep't reach record $13.75M settlement (S.D. Ohio), 636

RAILROADS

– Anhydrous ammonia, Federal Railroad Safety Act amendment banning preemption of state negligence claims constitutional, claims for release due to train derailment reinstated (8th Cir.), 583
– Asbestos

– – CSX worker, $5 million compensatory award upheld (Tenn. Ct. App.), 235
– – Federal Employers' Liability Act is not preempted by Ohio law requiring former railroad workers to produce threshold medical evidence or face dismissal of claims, views of Solicitor Gen. sought (U.S.), 543
– – Impaired ability to function not needed for fear of cancer damages (Ill. App. Ct.), 183

– Benzene, diesel exhaust and cancer, railroad worker's suit dismissed lacked causation testimony (Neb. Ct. App.), 276
– Contribution, railcar inspector not liable absent authority to prevent spill (S.D.W. Va.), 282
– Creosote and stomach cancer not linked to railroad tie exposure (Tex. Dist. Ct.), 147
– Fumes, train conductor's FELA suit fails because toxins not identified (Neb.), 630
– Hydrochloric acid, $750,000 damage award to employee upheld, but CSX entitled to setoff from settlement with other defendants (4th Cir.), 407
– “Mass action” under Class Action Fairness Act

– – Can be determined at time of filing, remand of suit related to wood treatment facility denied (7th Cir.), 670
– – Useful beacon for other courts, BNA Analysis & Perspective, 790

– Norfolk Southern sued by U.S. over derailment and release of chlorine gas (D.S.C.), 388
– Sovereign immunity bars involuntary joinder of state in ground water contamination suit between private parties (D. Mont.), 936
– Spill cleanup, no strict liability for truck driver's claims of injuries sustained during disposal (W.D. Ky.), 878
– Superfund, joint and several arranger liability proper in exceptional cases (U.S., rev sought), 589; (rev grant), 858

RCRA

See RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)

REAL ESTATE

– Air pollution

– – Impact fees tied to large development projects upheld (Cal. Super. Ct.), 189
– – Regional air quality fees on developers who fail to mitigate impacts not preempted by CAA (E.D. Cal.), 829

– Asbestos

See BUILDING AND CONSTRUCTION

– Bomb testing site, intentional misrepresentation not occurrence for insurance purposes (Tex. Ct. App.), 186
– Buyout and relocation, EPA providing additional $9.55M for Tar Creek superfund site, 781
– CWA

– – Developer pleads guilty to not controlling runoff from construction site (E.D. Mo.), 14; prison sentence and restitution ordered, 416
– – Storm water runoff

– – – Discharge permits, regulators plan to challenge state court ruling threatening issuance (Cal. Super. Ct.), 661
– – – EPA required to set limits for construction industry, ruling upheld (9th Cir.), 828
– – – Home builders agree to pay and implement new measures to settle suits, 4 cases (E.D. Va.), 518

– Development on contaminated landfill, residents' emotional distress damages reduced (La. Ct. App.), 175
– Diminished property values due to plutonium contamination from Rocky Flats Weapons Plant, $926M judgment for class (D. Colo.), 484
– Dioxins, neighborhood class certified for suit against Dow Chem. (Mich. Ct. App.), 80
– Electromagnetic fields, exclusion of environmental planner's testimony about impact on land use in condemnation case upheld (9th Cir.), 564
– Gasoline spills, knowledgeable landowners may establish devaluation through their own testimony (S.D. Miss.), 708
– Heating oil contamination not covered under pollution exclusion clause (1st Cir.), 84
– Ind., prior land owner not responsible to current owner for decades-old contamination (S.D. Ind.), 628
– Lead paint disclosure violations alleged, buyer has no claim against sellers when buyer never incurred any costs (C.D. Ill.), 575
– Man-made flooding, insurer has no duty for unintentional harm caused by intentional acts (N.D. Ga.), 893
– Mich. superfund law requires cleanups to meet site's current zoning level, residential standard applies (Mich. Ct. App.), 370
– Mold

See MOLD

– 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
– N.J., owner of tainted gas station site to pay state $650,00 for cleanup (N.J. Super. Ct. Law Div.), 1024
– PCBs, contamination spread by fire, Monsanto not liable (Pa.), 850
– Pre-CERCLA contract, property buyer did not assume Superfund liability (S.D.N.Y.), 636
– Radioactive contamination of land by oil drilling pipes, punitive award of $112M upheld (U.S., rev den), 362
– RCRA, abandoned radioactive and other wastes, tenant's cleanup duty (U.S., rev sought), 69; (rev den), 351
– Supplemental environmental project costs are not deductible, IRS rules, 622
– Vapor intrusion

See VAPOR INTRUSION

– Vinyl chloride undetectable but presence in air constitutes physical injury to property under common-law damage claim (E.D. Pa.), 688
– Water pipes damage allegedly due to corrosive city-provided water, expert testimony enough to reverse dismissal (D.C.), 383
– Wetlands

See WETLANDS

– World Trade Center

See WORLD TRADE CENTER

RECORDKEEPING

– CAA, N.J. challenges EPA rule blocking state from pollution monitoring (D.C. Cir.), 188
– EPA needs to track noncompliance with orders to clean up sites, Inspector Gen. report, 390
– Industrial facilities to decide whether to record emissions increases, 14
– Waste oil disposal records falsified, owner of cargo ship fined $750,000 for illegal dumping at sea (N.D. Cal.), 975

RECREATION

See SPORTS; TOYS AND GAMES

RECYCLING

– Brush fire burned for months, Tex. sues facility operator for pollution and cleanup costs (Tex. Dist. Ct.), 554
– CAA, secondary aluminum production firm fined for violating emission standards, 14
– Oil field waste, company storing with intent to use as road base must obtain state permit (Tex. Ct. App.), 664
– RCRA

– – Byproducts, final rule redefining solid waste excludes tons of secondary material from regulation, 921
– – Firm owner sentenced for false statements and storing hazardous waste (S.D. Miss.), 137
– – Prison sentence and fine for president of Or. company (D. Or.), 490

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

REFINERIES

– Asbestos

– – Choice of law, review granted in case applying Okla. repose law to longtime Cal. resident who allegedly was harmed during construction work at oil refinery (Cal.), 467
– – Jury award to pipefitter upheld, Exxon retained control over safety of independent contractors' employees (Cal. Ct. App.), 341

– BASF Fina Petrochemicals agrees to pay Tex. fine, 1025
– Carcinogenic emissions increase and may be underreported, group says, 889
– CAA

– – BP explosion, district court ordered to take no action on plea agreement (5th Cir.), 204; victims ask J. Scalia to block plea deal (U.S., application filed), 573
– – ConocoPhillips agrees to pay fine for violations at Sweeney, Tex., facility, 473
– – Emissions from existing storage tanks and requirements for cooling systems leak detection and repair, EPA releases supplemental proposed rule, 1001; revisions published, 1025
– – Expansion, group challenges issuance of “minor source” permit (N.D. Indiana), 637
– – Greenhouse gas emissions, EPA declines to regulate under new source performance standards, 418
– – Holly Refining to spend $17M to clean up emissions at Woods Cross, Utah facility (D. Utah), 369
– – New source performance standards, final rule not as strict as proposed regulation, 417; EPA will stay portions of rule to consider requests for reconsideration, 863
– – Shell Oil refinery, environmental groups file citizen suit (S.D. Tex.), 53
– – States and cities sue EPA for refusing to regulate emissions (D.C. Cir.), 739

– CWA

– – ConocoPhillips agrees to pay and to monitor waterways for selenium and effluent (N.D. Tex.), 327
– – Gold and silver refining facility operator pleads guilty and agrees to pay $3M (D. Utah), 784
– – Storm water discharges, CITGO fined $13M (W.D. La.), 829
– – Valero Refining agrees to pay $1.65M to resolve oil spill claims (S.D. Tex.), 519

– Del., propane refiner must pay $1.2M and close down leaky storage system, 862
– Emissions, personal injury claims dismissed due to inadequacy of evidence, writ of mandamus granted (Tex. App. Ct.), 708
– ExxonMobil liable for public nuisance caused by hazardous discharges (N.J. Super. Ct.), 797
– Houston Refining fined by Tex. for air and water violations, 975
– Taxation, gas byproduct used as heat source not exempt from state hazardous substance tax (Wash.), 720
– Tex. imposes administrative fines for violating operating permit, 494

REGISTRATION

– European Union (EU), chemicals, Outlook 2008, 89

REGLAN

– Dismissal of suits against maker of brand name drug by plaintiffs who took generic version, 3 cases (W.D. Ky.), 586
– Liability to patients whose doctors rely on their product information in prescribing generic versions possible (Cal. Ct. App.), 1015
– Manufacturer of brand name drug has no liability to woman who used generic version (N.D. Ga.), 363
– Metoclopramide

See GENERIC DRUGS

REPORTING REQUIREMENTS

– Air pollution, EPA proposes to exempt farms from hazardous release reporting, 15
– CWA, former Fujicolor employee pleads guilty to filing false reports to conceal discharge of excessive silver-tainted waste (E.D. Tenn.), 552
– Emergency Planning and Community Right-to-Know Act, EPA publishes final rule with revisions, 1001
– Importing banned refrigerants from Mexico, EPA reduces company's fine due to self-disclosure, 703
– Japan, joint policy commission recommends monitoring and reporting all chemicals, 968
– Nanoscale materials voluntry codes, regulators and industry report mixed results, 855
– Public review, animal feedlots must disclose waste plans during permitting process (Mich. Ct. App.), 71

RES JUDICATA

– Tobacco, widow's wrongful death claim barred because she earlier dismissed loss of consortium claim arising from same injury to spouse, review granted (Cal.), 467

RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)

– Abandoned radioactive, biological, and other wastes, tenant's cleanup duty (U.S., rev sought), 69; (rev den), 351
– Attorneys' fees awarded to prevailing party with only limited success (D. Utah), 248
– Byproducts, final rule redefining solid waste excludes tons of hazardous secondary material from regulation, 921
– Citizens' suits

See CITIZENS' SUITS

– Criminal cases

See CRIMINAL LAW AND PROCEDURE

– Definitions, Conn. prosecutors cannot use in state law hazardous waste prosecutions (Conn.), 388
– Delisting, EPA proposes to grant petitions by Tex. companies and to use updated risk assessment software, 457
– Hurricane Katrina

– – Canal breaches, federal facility provision of RCRA does not allow suit by private party, claim dismissed (E.D. La.), 430
– – Landfill disposal challenge properly dismissed (E.D. La.), 284

– Indian tribe cannot enforce consent decree unless the agreement clearly names tribe as intended third-party beneficiary (9th Cir.), 569
– Penalties

See PENALTIES

– Plastics company agrees to pay $1.3M to settle allegations of violating state and federal environmental laws (D.N.J.), 739
– Sandblasting company agrees to fine and emergency response equipment donation to settle waste charges, 715
– Statutes of limitations

– – Coal waste sludge suit untimely (D.D.C.), 305
– – USTs, ongoing compliance required despite limitations period (E.D. Tenn.), 50

– Superfund pre-enforcement review bar triggered by preliminary cleanup-related steps at former weapons testing site (10th Cir.), 754
– Transboundary shipments of hazardous waste, EPA proposes revising rules, 833

RESTAURANTS

– E. coli, Wendy's Intl., testimony on undercooked meat allowed (W. Va.), 5
– Mussels allegedly undercooked, experts did not adequately link to hepatitis A (D. Md.), 692

RETAIL INDUSTRY

– E. coli, Wendy's Intl., testimony on undercooked meat allowed (W. Va.), 5
– Grocery stores

See GROCERY STORES

– Jiffy Lube agrees to pay $500,000 and to ensure proper handling of motor oil and antifreeze (Cal. Super. Ct.), 434
– Lead in vinyl diaper bags, environmental group threatens suit, 299
– 99 Cents Only stores face fines for selling unregistered and misbranded pesticides, 895
– N.C. shopping center owners agree to sell property to pay costs for cleaning up water contamination from Superfund site (W.D.N.C.), 737
– Wal-Mart contractor left recycling products behind, “no further action” letter needed to pursue contribution under Ohio Voluntary Action Program (Ohio Ct. App.), 474

REZULIN

– “Fraud on the FDA” suit under Mich. law not barred, plaintiff argues (U.S., oral arg set), 62; (oral arg), 179

RHODE ISLAND

– Dredge-and-fill operations, energy company's request to deem state waived certification due to inaction is denied (D.C. Cir.), 415
– Forum non conveniens, asbestos suits filed by Canadians injured in Canada dismissed (R.I.), 446
– Lead paint makers appeal no-fault hybrid nuisance/product liability ruling (R.I.), 144; industry members file amici briefs, 145; text of amicus brief, 156; oral argument will be Webcast, 425; public nuisance claim should have been dismissed, unanimous decision, 561; implications of decision, BNA Analysis & Perspective, 763
– Mercury removed from gas regulators, natural gas company guilty of illegal storage (D.R.I.), 944
– “No action” clauses, company's claim delayed 14 years after signing consent agreement due to wait for cleanup costs to be finally determined, breach of contract suit against insurer timely (D.R.I.), 548
– Textile plant, intervenor may not void settlement (R.I.), 154

RICO

See RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT

RISK ASSESSMENT

– Anhydrous ammonia

– – Ice cream maker sentenced for failing to develop and implement risk management programs (M.D. Pa.), 998
– – Phoenix businesses fined and ordered to develop risk management plans in connection with release at ice plant, 1023

– Asbestos, advocates object to EPA proposal to change calculations, 640
– Carcinogenicity, EPA draft guidance needs revisions, advisers say, 329
– Children and fetuses, new ways needed to assess neurotoxic risks, professor says, 344
– Chromated copper arsenate wood preservative, EPA adds construction worker risk and updates hexavalent chromium data, 366
– Hazardous waste financial assurance mechanisms, BNA Analysis & Perspective, 524
– New methods to measure workplace exposures to toxic substances and hazardous chemicals proposed by Labor Dept., critics still not happy, 751
– RCRA delisting, EPA proposes to grant petitions by Tex. companies and to use updated software, 457
– TCE vapor intrusion, EPA plans guidance, 330
– Value of a human life

See LEGISLATION, FEDERAL, S 3494