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
– 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

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

– 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
– Superfund

– – Cost recovery, 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
– – 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, 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
– PCBs, economic harm to property, homeowners' joinder of plant manager is fact issue warranting remand to state court (N.D. Fla.), 304
– Vapor intrusion assessments, ASTM VI Standard proximity presumptions inappropriate, Analysis & Perspective, 768

REFINERIES

– Clean Air Act (CAA)

– – 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
– – 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

– Hazardous waste, improper disposal, Texas Oil and Gathering executives 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
– 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

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)

– 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, Midland, Mich. plant cleanup, EPA, state, and Dow Chem. begin talks, 46
– 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
– – 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
– – 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

– 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
– Refineries, contaminated waste, Texas Oil and Gathering executives plead guilty to improper disposal (S.D. Tex.), 539

RETAIL INDUSTRY

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

RHODE ISLAND

– Dioxin contamination, Superfund administrative action, insurer must defend policyholder under state law (1st Cir.), 453
– 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