Toxics Law Reporter Index-Summary

SCHOOLS

– Creatine supplement, college athlete's estate seeks to revisit causation link (N.D. Ohio), 9
– Hazardous wastes in teaching and research laboratories owned by academic institutions, EPA calls final rule “flexible and protective,” 1045

SEALANTS

– Lead paint

See LEAD PAINT

SEARCH WARRANTS

– TSCA, approval to inspect ship for PCBs affirmed (4th Cir.), 759

SELENIUM

– Refinery, ConocoPhillips agrees to pay and to monitor waterways (N.D. Tex.), 327

SENTENCING

See generally CRIMINAL LAW AND PROCEDURE

SETTLEMENTS

– Asbestos, settlement reviewed, potential direct actions against insurer with alleged knowledge of danger (U.S., rev grant), 1116
– Diesel emissions-reduction projects in EPA actions

See LEGISLATION, FEDERAL, S 2146

– “Diligent prosecution,” conservation group seeks review of ruling open-ended CWA consent decree bars suit (U.S., rev sought), 660; (rev den), 918
– Fraudulent inducement to settle Benlate claims fails, expert testimony directed to wrong damages standard (U.S., rev den), 361
– Hydrochloric acid, $750,000 jury award to employee upheld, but CSX entitled to setoff from payments by other defendants (4th Cir.), 407
– Idaho Transportation Dep't agrees to pay penalties for violations of CWA consent decree (D. Idaho), 620
– Indian tribe cannot enforce RCRA consent decree unless the agreement clearly names tribe as intended third-party beneficiary (9th Cir.), 569
– Insurer's refusal to pay is not the kind of extraordinary event for which a final judgment will be reopened (E.D. Pa.), 805
– Justice Dept. prosecutor predicts more large environmental enforcement actions in future, 496
– Long term “imminent and substantial” endangerments, why and how the EPA should reevaluate long-standing Superfund agreements, BNA Analysis & Perspective, 391
– Metal finisher, fine reduction criticized by EPA Inspector Gen., 891
– Natural resources damages

– – Consent judgment triggers contribution right (D.N.J.), 385
– – Hawaiian Islands National Wildlife Refuge, charter vessel company agrees to $3.8M settlement for oil damage (D. Haw.), 1130

– “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
– Noncompliance, EPA needs to track orders to clean up sites, Inspector Gen. report, 390
– North Indian Bend Wash consent decree, companies to pay $500,000 penalty for failing to treat ground water for TCE or to alert authorities (D. Ariz.), 453
– Prevailing party not entitled to expert witness fees, offer was not in good faith (Cal. Ct. App.), 629
– Reservation of rights is not refusal to defend, insurer was wrongfully excluded from negotiations (11th Cir.), 414
– Superfund

See SUPERFUND

– Tobacco industry, state's participation in nationwide settlement bars punitive damages claim by residents (N.Y. App. Div.), 655
– Unanticipated cleanup costs are insufficient basis for rescission (E.D.N.Y.), 326

SHIPS AND SHIPPING

– Asbestos

– – Australian shipper through port of Baltimore may be sued by dock workers (Md. Ct. Spec. App.), 818
– – Engine maker may be liable for failing to warn worker about insulation even if not part of engine at time of sale (Wash. Ct. App.), 748
– – Evaporator and pipe maintenance on Navy vessels, lung cancer and mesothelioma, manufacturers not liable for parts supplied by others (Wash.), 1121
– – Mesothelioma link to overhaul of Navy vessel's pumps speculative, expert testimony rejected (Cal. Ct. App.), 1015
– – Shipyard worker's death, maritime law applied to product liability suit (U.S., rev sought), 28
– – Spanish workers on U.S. warships docked in Spain allowed to sue insulation maker in N.J. (N.J. Super. Ct. App. Div.), 485
– – Widow may proceed with design defect claim against company that made ship's engine part although insulation was added later (W.D. Pa.), 1014

– “Block stowing” sufficient, companies could not have foreseen Hurricane Katrina would cause cargo to break loose (S.D. Miss.), 629
– CAA

– – Cal. rules for diesel engines require EPA approval (9th Cir.), 203; Cal. releases new draft rule after prior standard was preempted, 521
– – Nitrogen oxide and hydrocarbon emissions from marine engines expected to be cut due to EPA final rule, 787

– Clean Water Act (CWA)

– – Ballast discharges, Outlook 2008, 100
– – Navigable waters and adjacent wetlands, EPA and Army Corps issue new guidance on identification, 1100
– – San Francisco Bay fuel spill, cargo ship pilot charged (N.D. Cal.), 250

– Coal tar, TECO Barge Line, workers' verdict upheld (6th Cir.), 200
– Contaminated sediments disturbed by hired ships traveling through harbor, shippers are not liable as Superfund operators (N.D. Ill.), 346; suit against gypsum plant operator dismissed, 804
– European Union (EU) publishes draft legislation to criminalize pollution from ships, 256
– Ferox rust inhibitor or diesel exhaust, former ship captain's suit alleging bladder cancer link dismissed due to lack of reliable expert testimony (E.D. La.), 585
– Jones Act does not preempt state silica claims expert report requirements (Tex.), 1086
– Natural resources damages

– – Cargo ship owner to pay for Humboldt Bay oil spill (N.D. Cal.), 250
– – Hawaiian Islands National Wildlife Refuge, charter vessel company agrees to $3.8M settlement for oil damage (D. Haw.), 1130

– Navy shipyard contractor's claim for legal fees rejected as not permissible under federal contracts because incurred in unsuccessful defense of CWA suit (9th Cir.), 699
– Oil spill trust fund disbursements audits

See LEGISLATION, FEDERAL, S 1566

– PCBs, approval of TSCA administrative search warrant to inspect ship affirmed (4th Cir.), 759
– Service station, pollution exclusion clause bars coverage for damage resulting from inadvertently pouring gasoline into boat's hull (D. Or.), 805
– Shipyard need not be subject of cost recovery claim to bring third-party contribution claim against United States (W.D. Wash.), 942
– Single-hull tankers

See LEGISLATION, FEDERAL, S 2700

– Waste oil disposal records falsified, owner of cargo ship fined $750,000 for illegal dumping at sea (N.D. Cal.), 975

SILICA

– Crystalline, silicosis deaths decreased since 1965 but young adults at greater risk, study released, 635
– Jones Act does not preempt state silica claims expert report requirements (Tex.), 1086
– Safety hood for blasting, silicosis claims, Tex. resident may sue, no jurisdiction for nonresident (Tex. App.), 1122

SLUDGE

– Paper, assignment of Superfund cost recovery claim allowed, party that incurred no cleanup costs may pursue claim (S.D. Ohio), 996
– Radiation, nuclear plant sewage sludge exposure blamed for cancer of later-born children, dismissal for flawed methodologies upheld (11th Cir.), 361
– RCRA delisting for certain nonhazardous wastes, EPA proposes to grant petitions by Tex. companies and to use updated risk assessment software, 457

SMELTERS

– Canadian, slag discharges into Wash. river, Superfund applies (U.S., rev den), 49
– Copper, Gaston case remanded to identify injury to environmental groups (4th Cir.), 153
– Gold, ASARCO and Newmont agree to pay $20.5M to settle Superfund claims related to mine and smelting operation (D. Colo.), 590
– Lead smelter and other state superfund sites, proposed ASARCO bankruptcy settlement calls for $143M payment to Mont. cleanup fund (Bankr. S.D. Tex.), 677; global credit crisis threatens sale of company, 945
– Zinc

– – Contaminants allegedly remain after voluntary brownfield remediation, DuPont seeks review of $400M class action verdict (W. Va. Sup. Ct.), 560; review granted, 851
– – Heavy metals allegedly remain after cleanup, town residents seek medical monitoring and damages (Okla. Dist. Ct.), 343

SMOKE

See FIRES

SMOKING

See TOBACCO INDUSTRY

SOFTWARE

– RCRA delisting, EPA proposes to grant petitions by Tex. companies and to use updated risk assessment program, 457

SOUTH CAROLINA

– Norfolk Southern Ry. sued by U.S. over derailment and release of chlorine gas (D.S.C.), 388

SOUTH DAKOTA

– Statute of repose is not preempted by CERCLA, suit against fuel storage system installer may be time-barred (S.D.), 608

SPAIN

– Asbestos, Spanish workers on U.S. warships allowed to sue insulation maker in N.J. (N.J. Super. Ct. App. Div.), 485

SPECIAL REPORTS

– Outlook 2008, 89

SPILLS

– 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
– Cal., governor signs bills to improve oil spill prevention and response, 895
– Carbon tetrachloride, actual injury to ground water must take place during policy period for coverage claim to succeed (D. Kan.), 689
– Cleanup, railroad not strictly liable for truck driver's claims of injuries sustained during disposal (W.D. Ky.), 878
– Contribution, railcar inspector not liable absent authority to prevent spill (S.D.W. Va.), 282
– Diesel fuel in salmon-bearing stream, Puget Sound Energy agrees to pay $800,000 in federal and state penalties (W.D. Wash.), 370
– Ecuadorian Amazon spill suit against Chevron, court-ordered report details extent of damages and cost of remediation (Sup. Ct. Nueva Loja), 342
– Exxon Valdez oil spill, punitive award to be reviewed, Outlook 2008, 89; briefs supporting award filed, 113; (U.S., oral arg), 174; punitive award cut to size of compensatory damages (judg), 540; post judgment interest issue sent to circuit court, 695; partial settlement announced (9th Cir.), 746
– Fertilizer plant contaminated waste water release, EPA issues imminent and substantial endangerment order, 305
– Gasoline, knowledgeable landowners may establish devaluation through their own testimony (S.D. Miss.), 708
– Hanford nuclear site waste, Energy Dept. agrees to pay $250,000 fine imposed by state, 386
– Jet fuel and gasoline, pipeline company agrees to pay penalty and upgrade safeguards (W.D.N.C.), 998
– Liability limits for oil spills, Outlook 2008, 100
– Natural resources damages

– N.Y., negligent infliction of emotional distress claim requires evidence of toxin in body or of toxin-based disease (N.Y. App. Div.), 962
– Oil spill trust fund disbursements audits

See LEGISLATION, FEDERAL, S 1566

– Pollution exclusion bar requires environmental release, insurance coverage allowed for oil spill inside house (E.D. Pa.), 917
– Punitive award against Unocal improperly punished prior spills (Cal. Ct. App.), 234
– San Francisco Bay fuel spill, cargo ship pilot charged (N.D. Cal.), 250
– Single-hull tankers

See LEGISLATION, FEDERAL, S 2700

– Spill Prevention, Control, and Countermeasure rule, EPA outlines exemptions, In Brief, 1103
– Valero Refining agrees to pay $1.65M to resolve CWA claims (S.D. Tex.), 519
– Water pollution, manufacturer must install automatic shutoff to prevent toxic spills (Conn. Super. Ct.), 251

SPORTS

– Bicycle helmets, shin guards, and other products, consumer product safety officials says bisphenol-A (BPA) ban might decrease protection, 450
– Contribution, nonsettling PRP ski area may intervene in oil-related consent decree (D.N.H.), 67
– Creatine supplement, college athlete's estate seeks to revisit causation link (N.D. Ohio), 9
– Shooting, sportsman's club to sell property to pay for lead shotgun pellet cleanup on wildlife refuge (D. Del.), 972

STANDING

– Insurance, shooting range lead contamination, owner may not intervene in suit between former owner and insurer (Cal. Ct. App.), 1096
– Wash. superfund law allows company to sue for contribution although recoveries would go to third-party cleanup trust (9th Cir.), 663

STATUTES OF LIMITATIONS

– Ala. toxic tort actions, “date of last exposure” rule for accrual determination overturned (Ala.), 108
– California

– – Asbestos claims of state are time-barred (Bankr. D. Del.), 909
– – Inability to refinance property due to prior owner's contamination is claim for diminution in value which can only be recovered for permanent nuisance, claim time-barred (Cal. Ct. App.), 670

– CAA, Colbert coal-fired power plant, claims against TVA time-barred (U.S., rev sought), 52; (rev den), 549
– Ind., time for filing contribution claims under state UST law does not begin to run until property owner is ordered to cleanup site (Ind.), 552
– Md., environmental laws, legislators vote to extend to uniform 3 years, 328
– New York, ephedra-based dietary supplements alleged cause of harm, summary judgment reversed due to date of discovery question (2d Cir.), 732
– Ohio, Toledo lead paint nuisance suit barred (Ohio Ct. C.P.), 4
– Pennsylvania

– – Paxil, suit by parents of suicide victim time-barred (D. Kan.), 197
– – Premarin and breast cancer, plaintiff to appeal time-bar ruling (Pa. Ct. C.P.), 61

– RCRA

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

– R.I., “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
– Superfund

– – Capping contaminants challenged as allowing for leaching, dismissed for lack of standing by plaintiff who cannot show injury-in-fact (N.D. Okla.), 471
– – Contribution, later-found contamination constitutes separate event (WD Mich.), 117
– – Discovery rule does not preempt state statute of limitations unless conditions for CERCLA cleanup are satisfied, suit time-barred (5th Cir.), 582
– – Dissolved corporations, CERCLA does not trump state time bar (S.D. Ind.), 244
– – Re-opener settlement provision, cost recovery claims not barred based on initiation of remedy, summary judgment denied (D.N.J.), 1069
– – Remedial action time bar applies despite remaining sediments, city's suit against gypsum plant operator dismissed (N.D. Ill.), 804

– Takings claim, limitations period may not be waived (U.S., judg aff), 51; Outlook 2008, 89
– Tex., time for filing action for latent injury began when employee experienced symptoms and was advised by doctor not to use workplace chemicals (Tex. App.), 466

STATUTES OF REPOSE

– Asbestos, review granted in case applying Okla. law to longtime Cal. resident who allegedly was harmed during construction work at oil refinery (Cal.), 467
– Fuel leak, S.D. law is not preempted by Superfund, suit against fuel storage system installer may be time-barred (S.D.), 608
– Lead paint, Toledo nuisance suit barred (Ohio Ct. C.P.), 4
– Mercury, calcine tailings, Superfund discovery rule applies to state statutes of repose (9th Cir.), 1068
– Tenn., diet drug claim barred before it accrued (E.D. Tenn.), 297

STEEL

– Small-emitting plants, EPA final air pollutants rule published, 34

SUBPOENAS

– Bextra and Celebrex, medical journal's peer-reviewed articles

– – Confidentiality of process, journal need not produce documents (D. Mass.), 320
– – Publication need not produce documents (N.D. Ill.), 279

– Botox, off-label uses, Allergan subpoenaed for promotional documents, 279
– Search warrant authority

See SEARCH WARRANTS

SUBSTANCE ABUSE

– Methamphetamine, cold medicine makers lack liability (E.D. Ark.), 146
– Tobacco cessation programs

– – Chantix, Pfizer adds behavioral risks to label, 115
– – Reduced award of $263.5M ordered to fund court-supervised program (La. Civ. Dist. Ct.), 655

SUCCESSOR LIABILITY

– Coal tar, parent-subsidiary link must exist at time of release for liability (Mass.), 251
– Seller corporation continues to exist so state law contribution claim against buyer dismissed (Ind. Super. Ct.), 456
– Settlement re-opener provision, cost recovery claims not barred by statute of limitations based on initiation of remedy, summary judgment denied (D.N.J.), 1069
– Superfund coverage for successor Del Monte Fresh Produce requires insurer consent (Haw.), 50

SULFUR DIOXIDE

– CAA

– – ConocoPhillips agrees to pay fine for violations at Sweeney, Tex., refinery, 473
– – Murphy Oil refinery releases pollutants, neighbors suit alleges (E.D. La.), 1075
– – Shell Oil refinery, environmental groups file citizen suit (S.D. Tex.), 53

– Verdict assigning partial responsibility to ExxonMobil for workplace accident upheld (La.), 465

SUPERFUND

– Asbestos

– – Seller not liable for heating system removal absent “disposal” (N.D. Ill.), 67; no “disposal” or “release” because hazardous substance never left the inside of the building (7th Cir.), 970
– – W.R. Grace

See ASBESTOS

– Audit tracking system inaccurate, EPA Inspector Gen. audit, 761
– Bankruptcy

– – ASARCO and Atlantic Richfield agree to pay $37M to remove old dam and contaminated tailings, 2 cases (D. Mont.) (Bankr. S.D. Tex.), 385
– – Butte mine, unsecured claim may be used for cleanup (D. Mont.), 150
– – Lead smelter and other state superfund sites, proposed ASARCO bankruptcy settlement calls for $143M payment to Mont. cleanup fund (Bankr. S.D. Tex.), 677; global credit crisis threatens sale of company, 945
– – W.R. Grace

See BANKRUPTCY

– Big John's Salvage, ExxonMobil agrees to reimburse EPA $3M for cleanup (N.D.W. Va.), 570
– Brownfields, oversight, Outlook 2008, 93
– Budget, Outlook 2008, 93
– Chemicals

– – High priority, revised list published, 228
– – Weapons residue on WWII site, land owners seek ruling that preliminary investigations do not constitute clean up (U.S., rev sought), 1095

– Chemsol site, proposed settlement involves 17 companies (D.N.J.), 781
– Citizens' suits

See CITIZENS' SUITS

– Construction complete at 30 sites in FY2008, 1046
– Contaminated sediments disturbed by hired ships traveling through harbor, shippers are not liable as operators (N.D. Ill.), 346; suit against gypsum plant operator dismissed, 804
– Contribution

See CONTRIBUTION

– Cost recovery

– – Anaconda Mine site in Nev., Atlantic Richfield agrees to reimburse EPA $2.7M, 431; settlement finalized, 570
– – Arrangers, joint and several liability proper in exceptional cases (U.S., rev sought), 589; (rev grant), 858
– – Assignment of claim allowed, party that incurred no cleanup costs may pursue claim (S.D. Ohio), 996
– – Aviall succeeds on future costs, but other issues against Cooper Ind. unresolved (N.D. Tex.), 696
– – Contribution counterclaim, legislative history shows contradiction in terms, BNA Analysis & Perspective, 642
– – Double recovery barred, identical state claims being pursued simultaneously dismissed (N.D. Ohio), 368
– – EPA Inspector Gen. criticizes management, regions have recovered only 56 percent, 309
– – History and road to clarity, BNA Analysis & Perspective, 598
– – Lockheed wants federal government to share cost of cleaning up ground water contamination at military and space facilities (D.D.C.), 617
– – Mich. statute allows potentially responsible party to pursue claims (Mich. Ct. App.), 638
– – National Contingency Plan does not set restrictions, EPA may recover costs of cleaning up both hazardous and nonhazardous substances (D.N.J.), 735
– – “Owner,” state property law determines if tax deed buyer liable for cleanup (7th Cir.), 827
– – Petroleum exclusion does not apply to MTBE alone (S.D.N.Y.), 617
– – Plea agreement in criminal case does not resolve civil liability (D.P.R.), 244
– – Property owner's suit against prior owner does not entitle it to intervene in insurance coverage dispute (Cal. Ct. App.), 413
– – Remedial action time bar applies despite remaining sediments, suit against gypsum plant operator dismissed (N.D. Ill.), 804
– – Useful product defense rejected, “sham sale” might have hid disposal of hazardous waste (S.D. Tex.), 858
– – Voluntary cleanup by potentially responsible party, §107 claims allowed, 2 cases (9th Cir.), 367
– – World War II munitions plant cleanup, suit against U.S. may proceed (D.N.J.), 137

– Defense Dep't

– – DOJ says EPA may order military sites cleanup, 1099
– – House committee leaders accuse DOD of defying EPA on cleanups at military bases, 575

– Defenses, innocent landowner defense rejected (E.D. Cal.), 185
– Discovery rule does not preempt state statute of limitations unless conditions for CERCLA cleanup are satisfied, suit time-barred (5th Cir.), 582
– Enforcement, EPA reports record reductions, fines, cleanup in FY 2008, 1102
– EPA agenda, Outlook 2008, 93
– Flammable substances, Rochester superfund site, settlement announced (W.D.N.Y.), 68
– Global Landfill site, companies to pay $2M to resolve cleanup litigation (D.N.J.), 387
– Ground water cleanup ordered by EPA at North Hollywood site, 859
– Hanford nuclear site waste spill, Energy Dept. agrees to pay $250,000 fine imposed by state, 386
– Hastings Ground Water Contamination Site, Dravo Corp. agrees to pay $1.2M for Naval Ammunition Depot cleanup (D. Neb.), 547
– Imperial Oil/Champion Chem. site, failure to reimburse EPA cleanup costs fined (D.N.J.), 31
– Indemnification

See INDEMNIFICATION

– IWI site, Justice Department and EPA reach $2M agreement with defendants covering remediation (N.D. Ill.), 678
– Koppers site, conservation easement in nearby county part of proposed settlement for damage at creosote wood treatment plant (E.D. Tex.), 678
– Lava Cap Mine, federal and state regulators seek to recover more than $22M in cleanup costs (E.D. Cal.), 972
– Limitations periods

See STATUTES OF LIMITATIONS

– Long term “imminent and substantial” endangerments, why and how the EPA should reevaluate long-standing settlement agreements, BNA Analysis & Perspective, 391
– Lower Fox River and Green Bay, paper companies agree to spend $102M to clean up site (E.D. Wis.), 590
– Mercury, calcine tailings, Superfund discovery rule applies to state statutes of repose (9th Cir.), 1068
– Michigan state statute

– – Cost recovery action may be pursued by potentially responsible party (Mich. Ct. App.), 638
– – Residential standard applies, law requires cleanups to meet site's current zoning level (Mich. Ct. App.), 370

– Military sites

See ARMED SERVICES

– Mirex, EPA approves plan for cleanup at creeks near Ohio site, 891
– National Priorities List

– – Delay in accounting for interagency costs could deprive federal government of millions of dollars, EPA Inspector Gen. audit, 761
– – EPA deletes some sites before requirements met, Inspector Gen. report released, 740
– – Option remains if mining firm agreement to spend $13.5M to clean up contamination in Ariz. towns is not enough (Bankr. S.D. Tex.), 368

– Natural resources damages

See generally NATURAL RESOURCES DAMAGES

– Noncompliance, EPA needs to track orders to clean up sites, Inspector Gen. report, 390
– N.C. shopping center owners agree to sell property to pay costs for cleaning up water contamination (W.D.N.C.), 737
– North Indian Bend Wash consent decree, companies to pay $500,000 penalty for failing to treat ground water for TCE or to alert authorities (D. Ariz.), 453
– Ordnance Plant Superfund Site, Iowa city approves cleanup plan for Army Corps of Engineers and John Deere Corp., 828
– Oronogo/Dueweg Mining Belt, companies agree to pay $37.5M to clean up former Mo. mining sites, 1041
– Passaic River, companies agree to remove dioxin-contaminated sediment along Diamond Alkali Superfund site, EPA announces, 547
– Petroleum exclusion does not bar claims if hazardous substance added to waste oil (D.V.I.), 1041
– Portland Harbor site, settlement includes $1.2M trust fund, 1022
– Pre-CERCLA contract, property buyer did not assume liability (S.D.N.Y.), 636
– Pre-enforcement review bar triggered by preliminary cleanup-related steps at former weapons testing site (10th Cir.), 754
– Preemption

See PREEMPTION

– Settlements

– – Chemical and radioactive waste, DOJ reaches agreement with multiple defendants to clean up Shpack Landfill (D. Mass.), 1095
– – Contamination discovered later on neighboring site, agreement does not bar state court suit against settling party (N.D. Cal.), 996
– – Cyanides and fluorides, smelter owner agrees to additional $3.4M for ongoing cleanup (S.D. Ohio), 1126
– – Long term “imminent and substantial” endangerments, why and how the EPA should reevaluate long-standing agreements, BNA Analysis & Perspective, 391
– – Minn., Naval ordnance plant, water contamination, consent decree filed (D. Minn.), 1126
– – Re-opener provision, cost recovery claims not barred by statute of limitations based on initiation of remedy, summary judgment denied (D.N.J.), 1069
– – Rejected due to lack of estimate of total projected cleanup costs (D.V.I.), 971; petroleum exclusion does not bar claims if hazardous substance added to waste oil, 1041
– – Sulfuric acid drainage, EPA reaches administrative agreement with Atlantic Richfield on Leviathan Mine site, 1070
– – Unanticipated cleanup costs are insufficient basis for rescission (E.D.N.Y.), 326

– Slag discharges from Canadian smelter into Wash. river, law properly applied (U.S., rev den), 49
– Solvents Recovery site, PRPs agree to cleanup, 3 cases (D. Conn.), 997
– Tar Creek superfund site, EPA provided additional $9.55M for buyout and relocation, 781
– Tax

– – Expiration, EPA relying on fines and general fund to finance program, Gov't Accountability Office report, 722
– – Reinstatement

See LEGISLATION, FEDERAL, S 3544

– Tex. state site, party challenging cleanup order has only one year from filing date to move forward with the action (Tex. App.), 389
– Vinyl chloride contaminated ground water, PRPs who formed group for cleanup did not assume duty to owners of adjacent properties (Wis. Ct. App.), 671
– Wash. state superfund law allows company to sue for contribution although recoveries would go to third-party cleanup trust (9th Cir.), 663
– Wilmington site, successor company agrees to pay cleanup costs (D. Del.), 736

SUPREMACY CLAUSE

– Asbestos claims of former railroad workers, Federal Employers' Liability Act is not preempted by Ohio law, views of Solicitor Gen. sought (U.S.), 543
– TVA emissions, state suit is not barred (4th Cir.), 130

SUPREME COURT, U.S.

– Arbitration rulings, grounds for modification specified in Federal Arbitration Act are exclusive (vac and rem), 287
– Asbestos

– – Settlement reviewed, potential direct actions against insurer with alleged knowledge of danger (rev grant), 1116
– – Shipyard worker's death, maritime law applied to product liability suit (rev sought), 28
– – Supremacy Clause, Federal Employers' Liability Act is not preempted by Ohio law requiring former railroad workers to produce threshold medical evidence (invitation to Solicitor Gen. to file brief), 543

– Clean Air Act (CAA)

– – Asbestos, “knowing endangerment” reinstated in criminal case involving W.R. Grace vermiculite mine (rev sought), 369; (rev den), 549
– – BP oil refinery explosion, criminal fine set in plea agreement, victims ask J. Scalia to block plea deal (application filed), 573
– – Colbert coal-fired power plant, claims against TVA time-barred (rev sought), 52; (rev den), 549
– – Mercury emissions, order to set strict limits, EPA asks to extend appeal deadline, 703; utility trade group plans to file petition for certiorari, 832; (rev sought), 944; responses to EPA hearing request due, In Brief, 1103
– – Ozone, EPA ordered to rewrite eight-hour implementation rule (rev den), 70
– – Tex. coal-fired power plant may proceed (rev den), 1073

– Clean Water Act (CWA)

– – Best technology for minimizing adverse environmental impact at cooling water intake structure, availability of cost/benefit analysis (rev grant), 348
– – “Diligent prosecution,” conservation group seeks review of ruling open-ended consent decree bars suit (rev sought), 660; (rev den), 918
– – Effluent limits, EPA has no duty to consider new water treatment technology when deciding whether to revise rules (rev sought), 757
– – EPA guidelines, updating for new technology, requirement declined, 1073
– – Gold mining wastes may not be discharged into Alaskan lake (rev sought), 119; (rev grant), 570
– – Gravel pit waste water pond, sewage discharge requires permit (rev den), 186
– – Impaired waters, copper mining company discharge permit rejected because it would have allowed discharges into river (rev sought), 517
– – Miss. developer who illegally filled wetlands properly convicted and sentenced (rev sought), 517; (brief filed), 757; (rev den), 917
– – Petitions filed for review, Outlook 2008, 89
– – “Significant nexus” to navigable waters, manufacturer's conviction vacated due to lack of jury instruction (rev sought), 756
– – “Waters of the United States,” definition clarification declined, 1072
– – Wetlands, voluntary settlement cannot amount to unlawful taking of farm (rev sought), 86; (rev den), 285

– Forum selection, suit involving cleanup of N. Cal. site dismissed because clause requires action be tried in Germany (rev sought), 786
– Preemption

– – Antidepressants, failure to warn claims, manufacturers seek denial of review for FDA preemption of state law (rev sought), 1091
– – Court accepts four cases affecting consumers' rights, BNA Analysis & Perspective, 1027
– – Phenergan improperly injected, Solicitor Gen. argues that federal law bars failure to warn claims (amicus brief filed), 23; drug company and plaintiff file response briefs, 43; (rev grant), 60; Wyeth argues impossibility of dual compliance (brief filed), 469; U.S. files amicus brief, 487; appellant files brief, 693; reply brief filed, 823; (oral arg set), 878; (oral arg), 989

– Public interest suits, Justice Dep't seeks new limitations (oral arg), 785; overview of arguments, 915
– Punitive damages

– – Award of $112M for radiation contamination of land by oil drilling pipes upheld (rev den), 362
– – Oil spills, Exxon Valdez, award to be reviewed, Outlook 2008, 89; briefs supporting award filed, 113; (oral arg), 174; punitive award cut to size of compensatory damages (judg), 540; post judgment interest issue sent to circuit court, 695; partial settlement announced (9th Cir.), 746
– – Tobacco, $79.5 million verdict against Philip Morris affirmed by Or. court (rev grant), 487; pending cases, 878

– RCRA, abandoned radioactive and other wastes, tenant's cleanup duty (rev sought), 69; (rev den), 351
– Rezulin, diabetes drug, “fraud on the FDA” suit under Mich. law not barred, plaintiff argues (oral arg set), 62; (oral arg), 179
– Settlements, fraudulent inducement to settle Benlate claims fails, expert testimony directed to wrong damages standard (rev den), 361
– Superfund

– – Arrangers, joint and several liability proper in exceptional cases (rev sought), 589; (rev grant), 858
– – Canadian smelter, slag discharges into Wash. river, Superfund applies (rev den), 49
– – Limitations period on takings claim may not be waived (judg aff), 51; Outlook 2008, 89
– – WWII chemical weapons site owners seek ruling that preliminary investigations do not constitute clean up (rev sought), 1095

– Timber sales, public participation, judicial review over U.S. Forest Service authority, Outlook 2008, 89
– Tobacco

– – Light and low tar claims, preemption by cigarette labeling law (rev grant), 60; (oral arg), 878; overview of oral argument, 884; state false advertising claims not preempted, 1119
– – Punitive damages, $79.5 million verdict against Philip Morris affirmed by Or. court (rev grant), 487; pending cases, 878

SWITZERLAND

– Nanomaterials, lack of standards precludes regulations, Swiss agencies say, 344