Toxics Law Reporter Index-Summary

TAXATION

– Brownfields, incentives for cleanup

See LEGISLATION, FEDERAL, HR 1724, HR 3260

– “Polluter pays” tax

– – Outlook 2009, 111
– – Reauthorization

See LEGISLATION, FEDERAL, HR 564, HR 832

TCE

See TRICHLOROETHYLENE (TCE)

TENNESSEE

– Asbestos, 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
– CAA, power plant particulate matter emissions, $1B pollution controls ordered, TVA plans appeal (W.D.N.C.), 675
– Legislative agenda, litigation reform, Outlook 2009, 70
– Pondimin and primary pulmonary hypertension (PPH), suit time barred (6th Cir.), 1041
– Toys and games, toxic substance ban and test disclosure law likely valid but may be subject to preemption, state attorney general says, 206

TESTING

– CAA, asbestos, new trial proper where admitted government samples improperly tested (9th Cir.), 418; pipe-wrap samples barred in retrial (S.D. Cal.), 1072; status hearing set, 1109; suit dismissed, 1200

TETRACHLOROETHYLENE

See PERCHLOROETHYLENE (PCE)

TEXAS

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

– – Court must give reason for setting aside verdict and granting new trial (Tex.), 810
– – Pipefitter, liability release bars wrongful death suit, summary judgment proper (Tex. Ct. App.), 1038

– Benzene, acute lymphoblastic leukemia and property damage, landfill leaching, verdict against city overturned (Tex.), 578
– Carbon monoxide, furnace emissions, pollution exclusion clause applies (5th Cir.), 565
– Chemical emissions, state commission settles with refiners, oil, and cement firms, 998
– Clean Air Act (CAA)

– – BP agrees to pay $180M in pollution control and penalties for Texas City, Tex. refinery violations in proposed consent decree (N.D. Ind.), 276
– – Global warming gas emissions, Tex. environmental group seeks regulation (Tex. Dist. Ct.), 1202
– – Shell to pay $5.8M penalty and reduce “upset” emissions at Deer Park plant (S.D. Tex.), 564

– Cost recovery, Love Field cleanup, Aviall notice of liability waiver to neighboring site owners insufficient as opportunity to comment (N.D. Tex.), 377
– Digitek makers and distributors sued for defective tablets (E.D. Tex.), 535; related Tex. state cases consolidated (Tex.), 964
– Hazardous waste

– – Chlorine gas, improper disposal, water treatment firm foreman and president sentenced (E.D. Tex.), 674
– – Refineries, Texas Oil and Gathering execs plead guilty to improper disposal (S.D. Tex.), 539
– – Wood preserving plant, state agency orders fine, 566

– Natural gas compression station, landowners awarded $1.24M for noise and odor pollution (Tex. Dist. Ct.), 134
– Natural resources damage, oil spills, defendant entitled to jury trial (S.D. Tex.), 273
– Paxil and suicide, unadopted stepchildren may not sue for wrongful death (Tex. Ct. App.), 787
– Pipeline firm to pay $3.3M CWA penalty in proposed consent decree for creek fuel spill (S.D. Tex.), 64
– Pondimin and Redux and heart damage, prescribing doctor not seller with indemnity rights (Tex. Ct. App.), 658
– Prempro and breast cancer, failure-to-warn claims not preempted (Tex. Ct. App.), 532
– Railroad shipping rates for hazardous materials are trade secrets, plaintiff in derailment case may not obtain (Tex.), 1144
– Refineries

– – Benzene, solvent exposure and acute lymphocytic leukemia, worker sues oil and chemical companies for failure to warn (Tex. Dist. Ct.), 303; status conference set, 366
– – BP explosion, court accepts plea agreement with $50M fine and probation (S.D. Tex.), 382; related state suit filed (Tex. Dist. Ct.), 709
– – CAA, premcor permit, EPA to review citizen-proposed consent decree re monitoring deficiencies (D.D.C.), 211
– – Total Petrochemicals settles 73 state clean air violations, 847

– Reglan and tardive dyskinesia, physician must show expertise to qualify as expert on causation (Tex. Ct. App.), 306
– Solid waste dumping for fill material, state law bars coverage under pollution exclusion clause (N.D. Tex.), 1132
– Substantially prevailing party, environmental group denied attorneys' fee award under catalyst theory (5th Cir.), 14
– Swine flu from pig manure lagoons, husband of victim files discovery petition against Smithfield Foods (Tex. Dist. Ct.), 623
– 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 state law claims (E.D. Tex.), 1127
– Zicam Nasal Gel and anosmia, user who lost sense of smell files claims against Matrixx (E.D. Tex.), 92

TOBACCO INDUSTRY

– Class actions

– – Deceptive advertising campaign, decertification improper (Cal.), 624
– – History and future predictions, Analysis & Perspective, 458
– – Wrongful death, preemption not shown, suit reinstated (9th Cir.), 1146

– Deceptive ads for “light” cigarettes, state claims may proceed (Mass.), 444
– Multiple injuries, guidance sought re Cal. limitations period (9th Cir.), 502
– Punitive damages

– – Claim preclusion bars, widower suit may proceed on other charges (S.D.N.Y.), 1103
– – Daughter of deceased smoker awarded $13.8M (Cal. Super. Ct.), 1042
– – Outlook 2009, 120
– – Philip Morris ordered to pay $5M plus $3M compensatory damages in first Engle progeny trial (Fla. Cir. Ct.), 267
– – Verdict of $79.5M against Philip Morris stands (U.S., dism), 444
– – Wrongful death, $20M award lacks support, remanded for new trial (Mo. Ct. App.), 7

– Smoker aware of risks, jury finds for R.J. Reynolds (Fla. Cir. Ct.), 447

TORT REFORM

– Foreign manufacturers, limited liability for defective products harms U.S. consumers, Analysis & Perspective, 153
– Okla. governor signs governor signs bill, 663
– Outlook 2009, 70; 120

TOXIC SUBSTANCES CONTROL ACT (TSCA)

– Asbestos, workplace exposure, mesothelioma, death rates rise, NIOSH study finds, 582
– Chemical Assessment and Management Program (ChAMP), risk-based prioritization posting suspended as EPA reviews strategy, 764
– Commercial chemicals regulation, overhaul likely, Analysis and Perspective, 1205
– Management challenges of EPA, GAO report addresses, 350
– Mercury, chlor-alkali processing technology cleanup

See LEGISLATION, FEDERAL, S 1428

– Reform

– – Congress plans reexamination of 1976 law, 324
– – Environmental coalition and chemical industry group issue proposals, 974

TOYS AND GAMES

– Asbestos, fingerprint kits, class settlement proposed (Cal. Super. Ct.), 814
– BPA

See BISPHENOL-A (BPA)

– Consumer Product Safety Improvement Act (CPSIA)

– – Implementation problems, Congress seeks accounting, 340
– – Lead limits in paint, CPSC lowers, 42
– – Mandatory recall notices, CPSC publishes proposed rule setting requirements, 417
– – Phthalates, regulation difficult for CPSC and industry, Analysis & Perspective, 977
– – Secondhand goods and lead, small business impact, CPSC seeks more discretion, 416

– European union (EU), legislation tightens restrictions on carcinogenic, mutagenic, or reprotoxic (CMR) substances, allergenic fragrances, and other toxins, 9
– Foreign manufacturers, limited liability for defective products harms U.S. consumers, Analysis & Perspective, 153
– Lead

– – Electronic devices, CPSC proposes limit exemptions based on EU rules, 139
– – Manufacturers, crafters, sellers, and resellers, CPSC revises and clarifies product guidance, 237; manufacturers predict job loss and bankruptcies, 238; final rule and exemption procedure issued, 374; final rule approved with testing exemptions, 1017

– Lead paint, OKK Trading to pay civil penalty for imports and sales, 815
– Phthalates

– – Draft product guidelines, CPSC solicits comment, 237; guidance published, 313; public meeting and comment deadline set, 339; companies comment at meeting, 373
– – Existing stock may not be sold, CPSC safety standard opinion overruled (S.D.N.Y.), 236
– – Testing methods, ASTM committee to discuss product compliance determination for manufacturers, 417

– Toxic substance ban and test disclosure law likely valid but may be subject to preemption, Tenn. attorney general says, 206

TRESPASS

– Chlorinated solvents and other groundwater contamination at Contra Costa, Cal. site, claims proceed (N.D. Cal.), 1012
– Contaminated ground water from oil production waste, energy firm must pay cotton grower $8.5M (Cal. Super. Ct.), 748
– Pollution monitoring wells installed under cleanup order no trespass under state law (D.N.J.), 454
– Real estate contamination, possibility of finding continuing tortious acts does not extend limitations period on state claims (W.D. Mich.), 440
– Toxic trespass, biomonitoring and environmental testing lead to ordinances and civil tort suits, Analysis & Perspective, 49

TRICHLOROETHYLENE (TCE)

– Armed services, military family alleges dumping not discretionary act immune under FTCA (U.S., rev sought), 174; (rev den), 698; exposure information limited, report says, 727
– Ground water contamination, Northstar Aerospace to pay $3.5M, 749
– RCRA, default judgment and sanctions entered against paint manufacturer re discovery sanctions (S.D. Ind.), 757
– Superfund

– – Army to sign federal facilities agreement for Ft. Meade, Md. cleanup, 538; interagency agreement signed, 755
– – Class action may proceed despite cleanup activities (S.D. Ohio), 558
– – Interlee, N.J. site contamination, liability-shifting costs not recoverable (D.N.J.), 994
– – San Gabriel Valley, Cal. site, ground water contamination, defendants to pay $21M in cleanup, 1044
– – Socorro, N.M. site, EP Tech liable for $9M in cleanup costs (6th Cir.), 537