Toxics Law Reporter Index-Summary

SENTENCING

See generally CRIMINAL LAW AND PROCEDURE

SETTLEMENTS

– Air pollution, wind tower builder settles state charges (Wis. Cir. Ct.), In Brief, 850
– CAA

– Cement kilns, EPA to issue proposed mercury emissions limits on existing plants in March (D.C. Cir.), 95; proposed consent decree requires publication of standards, 151; proposed rule delayed, 455; proposed rule released, 542; industry concerned, 733; activists urge adoption, 767
– Chemical recycling facility, DOJ and 7 defendants reach tentative agreement in $9.8M site cleanup (D. Kan.), 43
– Chrysotile asbestos contamination, Vermont Asbestos Group Mine site, former owner to pay $25.6M for cleanup (Bankr. D.N.J.), 817
– Clean Water Act (CWA)

– – Disposal violations at W. Va. plant, Bayer CropScience agrees to pay $1M, 343; methomyl residue treater involved in unrelated fire lacked permit, 587
– – Metals discharges, Patriot Coal to pay $6.5M and implement preventive measures (S.D.W. Va.), 214
– – Metals in illegal waste discharge, Atlantic Wire pleads guilty, settles for $1.5M (Conn. Super. Ct.), 44; VP pleads guilty in related suit (D. Conn.), 879
– – Rock Creek, Alaska gold mine, storm water discharge claims settled (D. Alaska), 636
– – Shopping center developer agrees to wetlands restoration and fine (E.D. Mich.), 15
– – Silver Tip Creek and Salt Creek, Wyo. oil discharge, Andarko to pay $1M penalty and $8M compliance (D. Wyo.), 610

– Coal fly ash, Constellation Power Generation settlement approved (Md. Cir. Ct.), In Brief, 42
– Fen-phen class action attorneys disbarred after fraud conviction, forfeit $30M of settlement (E.D. Ky.), 476
– Hazardous waste

– – Dumping, state and local governments settle suit with Kmart (Cal. Super. Ct.), 762
– – Handling, U-Haul agrees to pay $2M and improve safety practices (Cal. Super. Ct.), 1049
– – Transportation, management firm pays penalty for permit violations (Mass. Super. Ct.), 590

– Hexavalent chromium, PPG Indus. to pay $1.5M for N.J. soil contamination cleanup per proposed consent decree (N.J. Super. Ct.), 279
– Lead paint, OKK Trading to pay civil penalty for toy imports and sales, 815
– Marine Shale oilfield waste processing site, La. Envtl. Quality Dep't to oversee study and cleanup, 487
– Mining, contaminant release, ASARCO $1.1B settlement approved (Bankr. S.D. Texas), 731
– Nitrogen oxide emissions, CEMEX Cal. Cement to reduce and pay $2M fine in consent decree re CAA violations (C.D. Cal.), 97
– Oil

– – Pipeline construction permit violations, Enbridge Energy to pay $1.1M (Wis. Cir. Ct.), 47
– – Point Breeze Processing Center, Pa., Sunoco-ARCO indemnification agreement did not create successor liability re petroleum contamination (E.D. Pa.), 761
– – Total Petrochemicals settles 73 Tex. clean air violations, 847
– – Unalaska Island, Alaska spill, IMC Shipping settles state civil claims, 589

– Particulate matter emissions, Kentucky Utils. Co. to reduce and pay $136M under proposed consent decree (E.D. Ky.), 183
– Perfluorooctanoic acid (PFOA) exposure, birth defects and preeclampsia, researchers report findings, 448
– Pharmaceuticals

– – Bextra and Celebrex, $894M agreement gets preliminary approval (N.D. Cal.), 411
– – Paxil, broken CR pills, GlaxoSmithKline $28M agreement approved (D.P.R.), 337
– – Trovan clinical trials and meningitis, Pfizer to pay Nigeria and study participants $75M, 938

– Resource Conservation and Recovery Act (RCRA)

– – Benzene storage and treatment, Jamestown, N.M., Western Refining to pay fine, 1108
– – Mercury contamination

– – – Natural gas well operator to clean up and replace meters (W.D. La.), 820
– – – N.Y. City to pay penalty and improve hazardous waste disposal, 997

– Sulfuric acid manufacturers to pay $2M fine and close W. Va. plant (S.D.W. Va.), 539
– Superfund

See SUPERFUND

– Trichloroethylene (TCE), ground water contamination, Northstar Aerospace to pay $3.5M, 749
– USTs, contaminated gasoline, $25M settlement approved (S.D.W. Va.), 473
– Vytorin, Merck and Schering-Plough to pay $5.4M for delayed release of clinical trial results (Tex. Dist. Ct.), 897; manufacturers to pay consumers and insurers $41.5M in related case (D.N.J.), 962; manufacturers move to dismiss Tex. claims (E.D. Tex.), 1127

SHIPS AND SHIPPING

– Argon gas, workplace exposure, insurer not obligated to defend (N.D. Tex.), 708
– Asbestos

– – Mesothelioma

– – – Boiler repairs, Navy ship worker, inconsistent verdict warrants new trial (Cal. Ct. App.), 1100
– – – Death rates rise, NIOSH study finds, 582
– – – Gaskets and packing manufacturers of Navy ship parts have no duty to warn of hazardous products supplied by third parties (Cal. Ct. App.), 309
– – – Navy machinist awarded $2.9M (Cal. Super. Ct.), 622
– – – Navy workers get $14M award (Pa. Ct. C.P.), 560
– – – Valve manufacturers for Navy vessels settle for $3.2M (Cal. Super. Ct.), 303

– – Navy ship, civilian boiler worker exposure, $2.66M award upheld, punitive damages proper (Cal. Ct. App.), 1101
– – Navy shipworker exposure, military contractor defense prevents remand (D. Conn.), 893
– – Shipworker and insulation, engine manufacturer need not warn re third party product (Wash. Ct. App.), 870

– CAA permitting violations, shipbuilding and repair firm settles charges, 1225
– CWA, San Francisco Bay oil spill, ship pilot pleads guilty to negligent discharge (N.D. Cal.), 345; ship operator offers plea deal, 637; pilot sentenced, 877
– Diesel exhaust or Ferox and bladder cancer, workplace exposure, expert testimony unreliable, dismissal proper (5th Cir.), 579
– Double-hull oil tankers, Coast Guard has discretion re coastwise endorsement (4th Cir.), 1022
– Greenhouse emissions, Outlook 2009, 108
– Large marine engines, EPA gets more time to set CAA emission standards (D.C. Cir.), 210; witnesses seek particulate standards, 975
– Navy ship sale, U.S. has no Superfund arranger liability re PCB contamination (D. Md.), 607
– Oil-contaminated waste water discharge, Holy House Shipping to pay $1.4M and serve 3 years probation per plea agreement (D.N.J.), 380
– Oil spills

– – Cruise ship grounding, operator gets fine and probation (Alaska Super. Ct.), 589
– – Spanish, French, and Portuguese coastal pollution, Intl. Convention on Civil Liab. does not divest federal court of jurisdiction (2d Cir.), 721
– – Unalaska Island, Alaska, IMC Shipping settles state civil claims, 589

– Shipyard must be subject of cost recovery claim to bring third-party contribution claim against U.S. (W.D. Wash.), 143
– Single-hull oil carriers, Coast Guard drops rule on leak-detecting devices, 48

SILICA

– Causation, medical evidence, Okla. governor signs reform bill, 663
– Lung disease, respirator manufacturer post-settlement contingent liability did not give standing for declaratory judgment against insurer (E.D. Wis.), 136

SLUDGE

– Alkylation acid, World War II aviation fuel manufacturing site, U.S. to pay $84M to oil firms for cleanup (Fed. Cl.), 508
– Chemical-laden sludge, water plant official charged with dumping into Susquehanna River (N.Y. County Ct.), 383
– Coal mining waste ponds, dismissal agreement ends quest for EPA regulation (D.C. Cir.), 181
– CWA, coal ash, residents allege TVA spill was foreseeable, seek damages (E.D. Tenn.), 263
– RCRA, comparable fuels rule, suit seeks to prevent burning (D.C. Cir.), 420; withdrawal proposed, 1023
– Sulfuric acid treatment, intentional injury claim by Chevron worker reinstated under Utah workers compensation exception (Utah), 262

SMELTERS

– 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

SMOKING

See TOBACCO INDUSTRY

SPAIN

– Oil spill, Intl. Convention on Civil Liab. does not divest federal court of jurisdiction (2d Cir.), 721

SPECIAL REPORTS

– Exxon Valdez oil spill, impact after 20 years, 615
– Outlook 2009, 70; 102; 106; 108; 111; 114; 114; 117; 118; 120; 124; 124; 126; 127
– Preemption, Obama memo restraining agency exercise, experts discuss policy shift, 851

SPILLS

– Anhydrous ammonia, anti-preemption amendment to Federal Railroad Safety Act, railroads challenge (U.S., rev den), In Brief, 632
– Benzene release, federal court denying class certification retains jurisdiction under CAFA (W.D. La.), 198
– Clean Water Act (CWA)

– – Anhydrous ammonia, Okla. pipeline company to pay $3.65M (D. Kan.), 998
– – Coal ash sludge, residents allege TVA breach was foreseeable, seek damages (E.D. Tenn.), 263
– – Exxon Valdez oil spill, payments begin, interest and legal fees in dispute, 38; impact after 20 years, Special Report, 615; $500M postjudgment interest awarded (9th Cir.), 720; challenge to award rejected, 894; seafood processor appeal of award rejected, 1168
– – Fertilizer plant owner pleads guilty to releasing contaminated waste water in city sewers (D. Kan.), 321
– – Mystic River, Mass. oil spill, ExxonMobil Pipeline agrees to pay $6.2M in plea agreement (D. Mass.), 14; sentencing, 588
– – Pipeline firm to pay $3.3M penalty in proposed consent decree for Tex. creek fuel spill (S.D. Tex.), 64
– – Prudhoe Bay, Alaska oil spills, BP Exploration faces federal and state civil charges (D. Alaska, Alaska Super. Ct.), 479

– 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

– – Alaskan cruise ship grounding, operator gets fine and probation (Alaska Super. Ct.), 589
– – Amazon contamination, final arguments prepared in Ecuadorian citizens' $27B suit against Chevron, 602
– – Bunker fuel, Oakland-San Francisco Bay Bridge collision, Cal. sues M/V Cosco Busan (Cal. Super. Ct.), 68
– – Contaminated waste water discharge

– – – Ductile iron pipe plant emissions, former managers sentenced re conspiracy convictions (D.N.J.), 563
– – – Holy House Shipping to pay $1.4M and serve 3 years probation per plea agreement (D.N.J.), 380

– – Natural resources damage, storage tank release, defendant entitled to jury trial (S.D. Tex.), 273
– – Negligent cleanup, Or. legislature passes bill to increase penalties, 676
– – San Francisco Bay, ship pilot pleads guilty to negligent discharge (N.D. Cal.), 345; ship operator offers plea deal, 637; pilot sentenced, 877; operator to pay $10M for criminal violations, 999
– – Silver Tip Creek and Salt Creek, Wyo., Andarko to pay $1M penalty and $8M compliance (D. Wyo.), 610
– – Single-hull carriers, Coast Guard drops rule on leak-detecting devices, 48
– – Spanish, French, and Portuguese coastal pollution, Intl. Convention on Civil Liab. does not divest federal court of jurisdiction (2d Cir.), 721
– – Unalaska Island, Alaska, IMC Shipping settles state civil claims, 589

– Prevention plans, EPA seeks comment re delay of rule easing requirements, 455
– Radioactive transuranic waste, state may regulate Energy Dep't WIPP-designated waste at Hanford, Wash. site under RCRA (9th Cir.), 486; stimulus funds to help with cleanup, 486; tri-party agreement and consent decree proposed, 971
– RCRA, gasoline, injunction for immediate cleanup denied (E.D. Wis.), 995
– Sulfuric acid, class certification not proper for evacuees of limited area train tanker leak (6th Cir.), 173
– Tar and oil, Superfund cost recovery, manufactured gas plant parent company has no operator liability (D. Conn.), 669

STANDING

– Chlordiazepoxide with clidinium bromide (CDP), suit by plaintiff who suffered no harm from recalled drug dismissed (N.D. Cal.), 580
– Chlorinated solvent, methylene chloride, and acetone contamination, no private right of action under N.Y. Environmental Conservation Law (W.D.N.Y.), 676
– Citizens' suits

– – Lake Michigan lead contamination from federally-run shooting range bullets, Chicago-area resident lacks standing to bring suit (7th Cir.), 1067
– – Timber sales, affidavits must show specific future injury in environmental group challenge to agency action (U.S., judg rvs), 317; U.S. Supreme Court Term, Review, 2008-2009, Analysis & Perspective, 1113

– Paxil and suicide, unadopted stepchildren may not sue for wrongful death (Tex. Ct. App.), 787
– Respirator manufacturer post-settlement contingent liability did not give standing for declaratory judgment against insurer (E.D. Wis.), 136
– Yaz contraceptives, Cal. false advertising and consumer fraud claims dismissed (E.D. Cal.), 838

STATE DEVELOPMENTS

See specific state names

STATUTES OF LIMITATIONS

– Aldara, claim untimely where notice was given when physician ordered usage stopped (D. Utah), 265
– Beryllium exposure, defense contractor lab worker suit may proceed (1st Cir.), 1035
– Blood factor concentrate, Taiwanese hemophiliacs alleging contaminated products may keep case in Cal. for time-bar determination (N.D. Ill.), 137; suit barred, 504; contract claims dismissed, 937
– CERCLA discovery rule may allow stale derivative claims, Analysis & Perspective, 186
– Chemicals, building and construction, mixed injury and property claims reinstated (Cal. Ct. App.), 368
– Foreign manufacturers, limited liability for defective products harms U.S. consumers, Analysis & Perspective, 153
– Formaldehyde inhalation, product liability claim must meet state Wrongful Death Act time limitation (Ind.), 6
– Hazardous waste-contaminated land, cost recovery suit filed under Ind. superfund law reinstated (7th Cir.), 421
– HRT and breast cancer, time bar applies to nonresident suits under state law (Minn.), 1061
– Mold, Oregon Residential Landlord Tenant Act (ORLTA) does not bar common law negligence claim, reinstated and remanded (Or.), 56
– Neosynephrine, untimely claim against manufacturer barred by notice of potential addiction to user (N.D. Ill.), 203
– Pain pump loaded with anesthetics causing deterioration in patient's shoulder, charges against drug firms dismissed (D. Colo.), 1196
– Real estate contamination, possibility of finding continuing tortious acts does not extend period on state claims (W.D. Mich.), 440
– Soil damage, contamination from oil well capped decades ago not continuing tort under La. law (5th Cir.), 836
– Solvent exposure and acute lymphocytic leukemia, discovery rule, refinery worker sues oil and chemical companies for failure to warn (Tex. Dist. Ct.), 303; status conference set, 366
– Studebaker property, common law tort claims untimely, South Bend state superfund claim against successor may proceed (Ind.), 149
– Superfund, cost recovery

– – Actions or omissions of one party are not basis for equitably tolling time bar against another party (S.D. Tex.), 1221
– – Gas plant site cleanup, NYSEG claim against PRP reinstated (2d Cir.), 606

– Tobacco, multiple injuries, guidance sought re Cal. period (9th Cir.), 502
– USTs, safety violations, untimely penalty challenge properly dismissed (N.C. Ct. App.), 999
– Zyprexa and diabetes and weight gain, 3 cases dismissed as time-barred and lacking causation (E.D.N.Y.), 788

STATUTES OF REPOSE

– Foreign manufacturers, limited liability for defective products harms U.S. consumers, Analysis & Perspective, 153
– Pondimin and primary pulmonary hypertension (PPH), suit barred (6th Cir.), 1041
– Superfund, mercury contamination, Sunoco seeks clarification of effect on state law (U.S., rev sought), 344; (rev den), 754

STEEL

– CAA, greenhouse emissions reporting, comment sought re proposed rule, 514; focus on emissions greater than 25,000 tons planned, 639; final rule released, 1155
– Metal-like dust and flake emissions, U.S. Steel settlement with neighbors upheld (6th Cir.), 1145

SUBSTANCE ABUSE

– Methamphetamine epidemic, decongestant manufacturers cannot be held liable for law enforcement cost, suit properly dismissed (8th Cir.), 39

SUICIDE

– Accutane, failure to warn, summary judgment for manufacturer proper under Wis. law (11th Cir.), 724
– Antiepileptic drugs, label changes approved, 583
– Chantix and neuropsychological injuries, Pfizer sued re safety misrepresentations (D. Minn.), 936; cases consolidated (N.D. Ala.), 1172
– Effexor, warnings issued after death properly excluded (7th Cir.), 234
– Paxil, failure-to-warn claims not preempted (E.D. Wis.), 935
– Zyprexa, summary judgment proper (5th Cir.), 473

SULFUR DIOXIDE

– Drywall, homeowners and builders allege Chinese-manufactured product releases toxins (M.D. Fla.), 201; sulfur and other chemicals found, Nelson (D-Fla) and investigators sickened after visiting homes, 665; MDL panel consolidates suits, 725; CPSC issues status report, 840
– Emissions

– – CEMEX Cal. Cement to reduce and pay $2M fine in consent decree re CAA violations (C.D. Cal.), 97
– – Ohio Edison to retrofit coal-fired power plant for biomass fuels in consent decree modifications (S.D. Ohio), 970
– – Power plant steam generating unit standards, rule remanded (D.C. Cir.), 1109
– – Risk report recommends one-hour air quality standards, 974

– Medical waste incinerator emissions, EPA final rule would tighten limits, 1133; rule published, In Brief, 1181
– Power plant emissions control

See LEGISLATION, FEDERAL, HR 1841

– Stationary compression ignition internal combustion engines, EPA agrees to clarify standards in settlement with Am. Petroleum Inst. (D.C. Cir.), 709

SUPERFUND

– In general

– – Asbestos

See generally ASBESTOS

– – Due process, neither CERCLA text nor unilateral EPA orders violate constitution (D.D.C.), 142
– – Enforcement, EPA administrator commits to cleanup, warns re lack of funding at confirmation hearing, 100
– – Fraud, contractors plead guilty in kickback conspiracy at N.J. sites (D.N.J.), 346; Federal Creosote site landscaper pleads guilty, 792; former soil treatment exec pleads guilty, 818; electrical subcontractor employee sentenced, 846; project manager and subcontractors indicted, 1110
– – Hardrock mining, financial assurances, EPA plans standards, 847; proposed rule release set, 1134
– – House committee agenda includes program reauthorization, 101
– – Indemnification

See INDEMNIFICATION

– – Inspector General report cites inconsistencies in EPA account management, 423
– – Lead and zinc contamination, Tar Creek buyout, residents sue re undervaluation (Okla. Dist. Ct.), 487
– – Natural resources damage

See NATURAL RESOURCES DAMAGE

– – Outlook 2009, 102; 111; 111
– – State actions

See specific state names

– – Taxation, “polluter pays” reauthorization

See LEGISLATION, FEDERAL, HR 564, HR 832

– – Toxic Substances and Disease Registry Agency announces toxicological profile updates, 185
– – Unspent CERCLA funds, EPA inspector general seeks uniform policy to identify, 1158

– Animals

– – Pork producers sue to block EPA rule requiring waste emissions reporting (D.C. Cir.), 144
– – Poultry operations, hazardous waste, Okla. gets expedited appeal in suit against producers for alleged improper 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

– Cleanup

– – Budget, Boxer (D-Cal) questions reduced projection, 614
– – Grants

– – – Economic recovery legislation

See LEGISLATION, FEDERAL, HR 1

– – – Waterfront sites

See LEGISLATION, FEDERAL, HR 3518

– – Greenhouse emissions, EPA releases green remediation strategy, 1073
– – McGuire Air Force Base, N.J., nickel, mercury, and other contaminants, federal facility agreement signed, 1131
– – Oil and gas and other sites, government alleges fraud in Kerr-McGee restructuring (Bankr. S.D.N.Y.), 670
– – Orders

– – – Cooper Drum site, EPA orders 43 parties to clean up tainted soil and ground water, 316
– – – DDT and PCB containment plans, Palos Verdes Shelf, Cal. site, EPA sets meetings to discuss, 734; cleanup plan announced, 1175
– – – Economic recovery funds to support site cleanups, 710
– – – Lawrence Livermore Natl. Lab., Cal., EPA orders Energy Dep't to restart cleanup and pay penalties, 60; cleanup resumes, 482
– – – Rialto-Colon, Cal. basin groundwater contamination, unilateral administrative orders (UAOs), pattern and practice challenge rejected (9th Cir.), 994

– Contribution

– – Parent company fencing cleanup site not liable as operator (W.D. Mich.), 902; manufacturer may be liable for chromium release, 967
– – Polluter may not recover more than damages suffered (10th Cir.), 668
– – Property manager of shopping center with minimal site control not liable as owner (N.D. Ga.), 1199
– – Shooting range lead cleanup, suit dismissed (9th Cir.), 904

– Cost recovery

– – Actions or omissions of one party are not basis for equitably tolling time bar against another party (S.D. Tex.), 1221
– – Burlington N. and Santa Fe Ry. subject to strict joint and several liability for cleanup under state law (Mont. Dist. Ct.), 278
– – Cleanup costs incurred under consent order recoverable (E.D. Mich.), 1174
– – Drycleaning chemicals, owner not entitled to future cleanup cost award under Pa. law (3d Cir.), 637
– – Dunnett's Cove, Me. tar and poly-aromatic hydrocarbon (PAH) contamination, firms liable for dumping in sewer lines (D. Me.), 842
– – Emergency defense, release from liability for release of hazardous substances during response to fires not limited to contribution claims (2d Cir.), 1221
– – Flotts Creek, Mich., hazardous waste dumping, seawall construction not necessary cleanup cost (E.D. Mich.), 1107
– – Gas plant site cleanup, NYSEG claim against PRP reinstated (2d Cir.), 606
– – Interlee, N.J. site PCE, TCE, and vinyl chloride contamination, liability-shifting costs not recoverable (D.N.J.), 994
– – Internal controls may increase capture from PRPs, EPA says, 592
– – 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
– – Lefton and Kerr-McGee site, judgment not appealable if insurance offset remains unresolved (7th Cir.), 816
– – Love Field, Tex. cleanup, Aviall notice of liability waiver to neighboring site owners insufficient as opportunity to comment (N.D. Tex.), 377
– – Metal refinery slag, disturbing contaminants during site investigation not disposal (D.N.J.), 792
– – Montville, N.J. site, attorneys' and consultant's fees not used to further cleanup not recoverable (D.N.J.), 1150
– – Perchlorate contamination, Santa Clara Valley, Cal., drinking water recharge costs not recoverable (N.D. Cal.), 1018; labor costs recoverable, 1068
– – Polychlorinated biphenyl (PCB) contamination, unpreserved soil sample evidence barred (D. Conn.), 670
– – Potentially responsible party in state consent decree may seek recovery for cleanup costs incurred (2d Cir.), 376
– – Response costs may be recovered re Westinghouse settlement despite lack of EPA involvement (E.D. Mo.), 482
– – Selenium contamination at Idaho phosphate mines sites, Nu-West Mining seeks federal government reimbursement (D. Idaho), 1069
– – Shipyard must be subject of claim to bring third-party contribution claim against U.S. (W.D. Wash.), 143
– – Tar and oil contamination, manufactured gas plant parent company has no operator liability (D. Conn.), 669

– Dioxins

– – Administrative action, insurer must defend policyholder under R.I. law (1st Cir.), 453
– – Dow Chem. will clean W. Mich. Park site under EPA supervision, 316

– Liability

– – PCBs, Navy ship sale, U.S. has no arranger liability (D. Md.), 607
– – PCE and leaking sewer pipes, city may be liable as owner/operator (E.D. Cal.), 1107

– National Priorities List

– – Additions proposed, 515
– – Aerojet site, perchlorate contamination, Sacramento County, Cal. sues for cleanup costs (E.D. Cal.), 819
– – Army to sign federal facilities agreement for Ft. Meade, Md. cleanup, 538; interagency agreement signed, 755
– – Griffiss Air Force Base, N.Y. removed, 483
– – Palmerton Zinc Pile, Pa. site, responsible parties to pay $12M and give land to state (M.D. Pa.), 941
– – Uravan, Colo. uranium mine, radiation exposure, personal injury and medical monitoring claims properly dismissed (10th Cir.), 1012

– Procedure

– – Algro Knitting site, consent order did not limit EPA right to seek civil fine (D.N.J.), 704
– – CERCLA discovery rule may allow stale derivative claims, Analysis & Perspective, 186
– – Depositions, bar on demanding from U.S. officials protects former EPA Adm'r, In Brief, 209
– – Ground water contamination, hydrologist testimony on third-party reports of volatile organic compounds insufficient to prove hazardous release, summary judgment warranted (4th Cir.), 60
– – Joint and several liability, minimum contacts, and due process, Analysis & Perspective, 545
– – Mercury contamination, Sunoco seeks clarification of effect on state statutes of repose (U.S., rev sought), 344; (rev den), 754
– – Mount Baker-Snoqualmie Natl. Forest, Wash. cleanup, §113 pre-enforcement review bar precludes CWA citizens' suit (W.D. Wash.), 705
– – Settlements with responsible parties, EPA revises negotiation procedures, 1203
– – 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

– Settlements

– – Anaconda Mine site, ARCO to pay $10.2M in cleanup and EPA costs, 562
– – Auto fluff dump, bankruptcy estate would pay $8.3M for Superfund cleanup under proposed consent decree (Bankr. N.D. Ill.), 671
– – Beede Waste Oil, N.H. site, Mass. state agencies to pay $2.85M for cleanup (D.N.H.), 508
– – Breslube-Penn oil reprocessing site, 36 companies to pay $15M for cleanup (W.D. Pa.), 672
– – Chemical recycling facility, DOJ and 7 defendants reach tentative agreement in $9.8M site cleanup (D. Kan.), 43
– – Commencement Bay Nearshore/Tideflats, Wash. site, F.O.F. to contribute to cleanup per proposed consent decree (W.D. Wash.), 182; Occidental Chem. settles related case, 607; Hylebos Waterway manufacturers to pay $2.33M, 905
– – Double H, Wash. site, pesticide contamination, owners to clean up and install monitoring wells, 819
– – Hudson River PCB removal, GE to pay for alternative water supply and dredge waste per consent decree (N.D.N.Y.), 145; municipalities seek to halt dredging pending alternative water supply, 317; dredging begins, 635
– – Kalamazoo River, Mich. site, PCBs, Georgia-Pacific to spend $10M on cleanup, 729
– – Landfill contamination, defendants to pay $99M to N.J. and EPA under proposal (D.N.J.), 61
– – Landia Chemical, Fla. site, $8.5M settlement approved (M.D. Fla.), 1069
– – Lower Fox River and Green Bay, Wis. site, 11 companies to pay $1.9M PCB cleanup cost (E.D. Wis.), 876
– – Ordnance plant cleanup, Army Corps of Engineers to pay $2.6M to Iowa town and John Deere Corp., 181
– – Perchloroethylene (PCE) releases, dry cleaner pro tanto payment rejected, credits must be by proportionate share (E.D. Cal.), 208
– – Potentially responsible party in state consent decree may seek recovery for cleanup costs incurred (2d Cir.), 376
– – Quehanna nuclear reactor site, Pa., Lockheed Martin Co. may intervene in proposed ARCO cleanup consent decree (M.D. Pa.), 1131
– – Railroad owners to pay almost $1M to replace drinking water well in contaminant path, 211
– – Response costs may be recovered re Westinghouse settlement despite lack of EPA involvement (E.D. Mo.), 482
– – San Gabriel Valley, Cal. site, TCE, PCE, 1,4-dioxane, and perchlorate, ground water contamination, defendants to pay $21M in cleanup, 1044
– – Solvent Savers, N.Y. site, defendants agree to pay $14.8M in proposed consent decree (N.D.N.Y.), 271
– – South Valley, N.M. site, aircraft manufacturing plant groundwater contamination, Air Force and Dep't of Energy to pay $3.3M cleanup costs (D.N.M.), 754
– – Uniroyal's prior agreement with EPA may not be used to establish successor cleanup liability (N.D. Ind.), 319
– – United Scrap Lead, Ohio site, firm to pay $1.6M for cleanup (S.D. Ohio), 271
– – Woodland Dump sites, Rohm & Haas will pay N.J. $1.4M for hazardous substance disposal (N.J. Super. Ct.), 611

– Trichlorethylene (TCE)

– – Class action may proceed despite cleanup activities (S.D. Ohio), 558
– – Socorro, N.M. site, EP Tech liable for $9M in cleanup costs (6th Cir.), 537

– World War II sites

– – Aviation fuel manufacturing, U.S. to pay $84M to oil firms for cleanup (Fed. Cl.), 508
– – Chemical weapons testing, pre-enforcement review bar blocks landowner suit against DOD for cleanup (U.S., rev den), 450

SUPREME COURT, U.S.

– Appointments and personnel issues

– – Justice, Sotomayor nominated, 677

– Agent orange, government contractor, veteran claims against manufacturers barred (rev den), 302
– Anhydrous ammonia, anti-preemption amendment to Federal Railroad Safety Act, railroads challenge (rev den), In Brief, 632
– Asbestos

– – Abandonment of boiler in sale of building, buyer appeals disposal ruling (rev sought), 344; seller not liable (rev den), 537
– – Travelers requests application of bankruptcy bar to direct actions as insurer for Johns-Manville (oral arg), 442; actions barred (rvs and rem), 746
– – Workplace exposure, CSX entitled to jury instruction re fear-of-cancer claim, $5M FELA award abandoned (vac and rem), 656; new trial on damages ordered (Tenn. Ct. App.), 1039

– CAA, Benton, Ill. coal-fired power plant may not build with expired PSD permit (rev den), 793
– Clean Air Mercury Rule (CAMR), Utility Air Regulatory Group and EPA seek review of emissions trading program (brief filed), 147; EPA to set standards, government moves to dismiss, 209; new administration has opportunity to use MACT, coordinate CAMR and CAIR, 248; (rev den), 274; EPA considers new standards, 848
– Clean Water Act (CWA)

– – Citizens' suit, gold mining waste discharge, regulatory jurisdiction (oral arg), 62; Army Corps permit upheld (judg rvs), 758; injunction lifted (9th Cir.), 844
– – Fish kills from large industrial cooling water intake structures, technology to prevent, EPA may use cost to utilities as factor in rules (rvs and rem), 451
– – Mountaintop coal mining, environmentalists seek permit withdrawal (rev sought), 1046
– – Rejection of water pollution discharge permit for Ariz. copper mining company stands (rev den), 62
– – Wetlands, municipality says Army Corps of Eng'rs jurisdictional determination re proposed Alaska recreation area is final agency action (rev sought), 343; (rev den), 759

– Dibromochloropropane (DBCP), occupational exposure and sterility, W. African pineapple and banana farm workers may maintain separate suits to avoid removal under CAFA (rev den), 1170
– Nexium, preemption of state false advertising claims (vac and rem), 337; suit remanded (3d Cir.), 603
– Outlook 2009, 102; 120
– Phenergan, improper injections, FDA actions do not preempt failure-to-warn claims against drug manufacturers (judg aff), 307; effects of decision, Analysis & Perspective, 643; scope of limits, Analysis & Perspective, 1051
– Preemption

– – Pharmaceuticals, state false advertising and failure-to-warn claims (vac and rem), 337
– – Thimerosal-containing vaccines and neurological damage, design defect claims (rev sought), 660; Solicitor General view sought, 698

– Punitive damages, $79.5M verdict against Philip Morris stands (dism), 444
– Radiation exposure on oil rig, subcellular damage as bodily injury (rev sought), 6
– Salmon, private party chemical coloring claims not barred, DOJ amicus brief argues against review (rev sought), 9
– Standing, citizens' suits, timber sales, affidavits must show specific future injury in environmental group challenge to agency action (judg rvs), 317
– Superfund

– – Cost recovery, joint and several liability of arrangers in pesticide spills (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
– – Preemption

– – – Mercury contamination, Sunoco seeks clarification of effect on state statutes of repose (rev sought), 344; (rev den), 754

– – World War II chemical weapons test site, pre-enforcement review bar blocks landowner suit against DOD for cleanup (rev den), 450

– Trichloroethylene (TCE), military family alleges dumping not discretionary act immune under FTCA (rev sought), 174; (rev den), 698; exposure information limited, report says, 727
– Tuna, mercury warnings, federal agency actions preempt suit, seafood producer argues (rev sought), 92; opposing brief filed, 447; (rev den), 531
– 2008-2009 Term, Review, Analysis and Perspective, 1113