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INDEX
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

    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
    REACH (REGISTRATION, EVALUATION, AND AUTHORIZATION OF CHEMICALS) LAW
    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
    REGLAN
      – Harm from long-term use, removal proper (E.D. Pa.), 560
      – Metoclopramide
      – 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
      – Coal ash sludge, residents allege TVA spill was foreseeable, seek damages (E.D. Tenn.), 263
      – Criminal cases
      – 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

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