Toxics Law Reporter Index-Summary

TAKINGS

– CWA, wetlands, voluntary settlement cannot amount to unlawful taking of farm (U.S., rev sought), 86; (rev den), 285
– Security fence installation, limitations period on claim may not be waived (U.S., judg aff), 51; Outlook 2008, 89

TAXATION

– “Polluter pays” tax, Outlook 2008, 93
– Superfund

– – Brownfields tax incentive renewed

See LEGISLATION, FEDERAL, HR 1424

– – Reinstatement

See LEGISLATION, FEDERAL, S 3544

– – State property law determines if tax deed buyer liable for cleanup as “owner” (7th Cir.), 827
– – Tax expiration, EPA relying on fines and general fund to finance program, Gov't Accountability Office report, 722

– Supplemental environmental project costs are not deductible, IRS rules, 622
– Wash., refinery byproduct used as heat source not exempt from state hazardous substance tax (Wash.), 720

TCE

See TRICHLOROETHYLENE (TCE)

TEFLON

– Perfluorooctanoic acid

See PERFLUOROOCTANOIC ACID

TENNESSEE

– Asbestos

– – Exposure from parent's work clothes, reinstatement of mesothelioma suit upheld (Tenn.), 770
– – Insulation materials, 1980 release bars certain claims (Tenn. Ct. App.), 238
– – Jurisdiction, transfer of Tenn. resident's dry wall exposure suit rejected (Cal. Ct. App.), 4
– – Railroads, CSX worker's $5 million compensatory award upheld (Tenn. Ct. App.), 235

– PCBs, Memphis utility to pay $1.22M under agreement to settle TSCA violations (EPA), 1024
– Statutes of respose, diet drug claim barred before it accrued (E.D. Tenn.), 297
– USTs, state Senate approves changes to cleanup fund use and certification requirements, 308

TENNESSEE VALLEY AUTHORITY (TVA)

– CAA, Colbert coal-fired power plant, claims against TVA time-barred (U.S., rev sought), 52; (rev den), 549
– N.C., state suit over TVA emissions not barred by Supremacy Clause (4th Cir.), 130

TESTING

– Drinking water containing pharmaceuticals, Ill. governor calls for enhanced water testing, 241
– Ketek antibiotic, alleged fraud discussed at House panel hearing, 148
– Nanoparticles, tests of workers not practical yet, journal article says, 451
– St. Louis auto emissions inspectors indicted for allegedly falsifying tests, 3 cases (E.D. Mo.), 862
– Toy safety

See LEGISLATION, FEDERAL, HR 4040

– Vioxx clinical trial mainly for marketing purposes, study says, 778

TETRACHLOROETHYLENE

See PERCHLOROETHYLENE (PCE)

TEXAS

– Abandoned case, party challenging cleanup order has only one year from filing date to move forward with the action (Tex. App.), 389
– Administrative fines for violating operating permits approved for refinery and chemical manufacturing plant, 494
– American Electric Power Co. agrees to install continuous monitoring at power plant in consent decree with Public Citizen and Sierra Club (E.D. Tex.), 551
– Asbestos

– – Inconvenient forum, case dismissed where relevant parties and governing law were in Maine (Tex.), 1088
– – Laundering spouse's clothes, foreseeable danger of mesothelioma at time needed, review of dismissal denied (Tex.), 1058

– Aviall succeeds on future costs, but other superfund issues against Cooper Ind. unresolved (N.D. Tex.), 696
– Bomb testing site, intentional misrepresentation not occurrence for insurance purposes (Tex. App.), 186
– Chemical plants and manufacturers settle hazardous waste and air pollution violations, consent agreements approved, 702
– CAA

– – ConocoPhillips agrees to pay fine for violations at Sweeney, Tex., refinery, 473
– – Oak Grove Steam Electric Station, coal-fired power plant may proceed (rev den), 1073
– – Shell Oil refinery, environmental groups file citizen suit (S.D. Tex.), 53

– Clean Water Act (CWA)

– – ConocoPhillips agrees to pay and to monitor waterways for selenium and effluent (N.D. Tex.), 327
– – Silver-tainted waste, former Fujicolor employee pleads guilty to filing false reports to conceal discharge (E.D. Tenn.), 552
– – Valero Refining agrees to pay $1.65M to resolve oil spill claims (S.D. Tex.), 519

– Cotton dust containing formaldehyde and other chemicals, mass tort action alleging injuries to garment workers dismissed (Tex. Dist. Ct.), 691
– Creosote

– – Conservation easement in nearby county part of proposed settlement for damage at wood treatment plant (E.D. Tex.), 678
– – Stomach cancer not linked to railroad tie exposure (Tex. Dist. Ct.), 147

– Fertilizer plant contaminated waste water release, EPA issues imminent and substantial endangerment order, 305
– Formosa Plastics Corp. agrees to pay fine, 1025
– Houston chemical plants charged with failure to prevent hazardous releases agree to pay, proposed settlement (Tex. Dist. Ct.), 760
– Indemnification, mold damage to home not covered under standard Tex. policy (5th Cir.), 205
– Jones Act does not preempt state silica claims expert report requirements (Tex.), 1086
– Latex gloves, makers are only obligated to indemnify innocent sellers for their own specific products (Tex.), 296; issues of material fact remain as to whether maker's duty to defend under state law was satisfied, case remanded (5th Cir.), 510
– Leaking gas well, judgment ordering company to pay the state for plugging upheld (Tex. App.), 664
– Natural gas liquids processing, Enterprise Products fined $541,450 for air quality violations, 975
– No evidence motion, residents failed to show TCE plume affected any individual (Tex. App.), 406
– Oil field waste, company storing with intent to recycle as road base must obtain state permit (Tex. App.), 664
– Polio vaccine and tumor, suit dismissed for failure to identify manufacturer (5th Cir.), 196
– Pollution exclusion clause covers combustible vapors from oil production-related waste that ignited and exploded (5th Cir.), 491
– RCRA

– – Cyanide from metal plating business, man pleads guilty to illegally storing hazardous waste (E.D. Tex.), 474; sentence of 37 months in prison and restitution, 1022
– – East Texas welding supply business owner sentenced (E.D. Tex.), 783

– Recycling facility fire, state sues operator for pollution and cleanup costs (Tex. Dist. Ct.), 554
– Refineries

– – Administrative fine for violating operating permits approved, 494
– – BASF Fina Petrochemicals agrees to pay fine, 1025
– – BP explosion, district court ordered to take no action on plea agreement (5th Cir.), 204; victims ask J. Scalia to block plea deal (U.S., application filed), 573
– – ConocoPhillips agrees to pay fine for Sweeney, Tex., CAA violations, 473
– – Emissions, personal injury claims dismissed due to inadequacy of evidence, writ of mandamus granted (Tex. App.), 708
– – Houston Refining fined for air and water violations, 975
– – Shell Oil, environmental groups file citizen suit (S.D. Tex.), 53
– – Valero Refining agrees to pay $1.65M to resolve oil spill claims (S.D. Tex.), 519

– Silicosis from safety hood for blasting, resident may sue, no jurisdiction for nonresident (Tex. App.), 1122
– Statutes of limitations, 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
– Useful product defense rejected, “sham sale” might have hid disposal of hazardous waste (S.D. Tex.), 858
– Volatile organic compounds, Tex. plants fined for unauthorized emissions, 289
– Water pollution, state agency denies El Paso County request to charge ASARCO, 207

TEXTILES

– Cotton dust containing formaldehyde and other chemicals, mass tort action alleging injuries to garment workers dismissed (Tex. Dist. Ct.), 691
– Plant chemicals, intervenor may not void settlement (R.I.), 154

THORIUM

– Strict liability sought, waste disposals in early 1900s may have been abnormally dangerous activity, motion to dismiss denied (N.D. Ill.), 985

TIRES

– Benzene, acute myelogenous leukemia allegedly due to occupational exposure, proving suppliers provided solvent to tire maker sufficient to allow case to proceed (W.D. Ark.), 728; jury absolves chemical makers of liability, 796
– Manufacturing plant worker died of leukemia, “date of last exposure” rule for accrual determination overturned (Ala.), 108

TOBACCO INDUSTRY

– Deceptive ads for “light” cigarettes

– – Federal cigarette labeling law does not bar state claims (Minn. Ct. App.), 10
– – Light and low tar claims, preemption by cigarette labeling law (U.S., rev grant), 60; (oral arg), 878; overview of oral argument, 884; state false advertising claims not preempted, 1119
– – RICO class decertified due to individual proof issues, fraud-on-market arguments rejected (2d Cir.), 317

– Defectiveness test for strict liability, review dismissed (Fla.), 1121
– Medical monitoring, smoker's statewide class denied due to lack of present physical injury (Or.), 409
– Product safety, design defect verdict reversed for failure to show safer alternative, $20M jury award overturned (N.Y. App. Div.), 338
– Punitive damages

– – Harm to nonparties, award overturned (Cal. Ct. App.), 110; review denied (Cal.), 410
– – State's participation in nationwide settlement bars claim by residents (N.Y. App. Div.), 655
– – Verdict of $79.5M against Philip Morris affirmed (Or.), 109; (U.S., rev grant), 487; pending cases, 878

– Smoking cessation

– – Chantix

– – – Pfizer adds behavioral risks to label, 115
– – – Psychotic behavior link alleged, negligent failure-to-warn physician claim allowed (E.D. Pa.), 1017

– – Reduced award of $263.5M ordered to fund court-supervised program (La. Civ. Dist. Ct.), 655

– Wrongful death

– – Expert rejection of cancer risk from light smoking, case dismissed (WD. Mo.), 77
– – Res judicata bars widow's claim because she earlier dismissed loss of consortium claim arising from same injury to spouse, review granted (Cal.), 467

TORT REFORM

– Ga., new statute valid (Ga.), 239
– Mich., pharmaceutical firms' immunity from suit

See MICHIGAN

– Ohio, noneconomic and punitive damages caps upheld (Ohio), 22
– Oil spills, liability limits, Outlook 2008, 100

TOXIC SUBSTANCES CONTROL ACT (TSCA)

– Asbestos ban using TSCA definition

See LEGISLATION, FEDERAL, S 742

– Fujifilm agrees to fine, In Brief, 979
– Inventory, EU SIN list has hundreds of chemicals used in U.S., 887
– PCBs, Memphis utility to pay $1.22M under agreement to settle violations (EPA), 1024
– Penalties, EPA updates payment schedules for inflation, 1133
– Reform, Congressional hearings in spring 2009, 810
– Search warrant, approval to inspect ship for PCBs affirmed (4th Cir.), 759

TOYS AND GAMES

– Aqua Dots, toy bead craft cases consolidated (N.D. Ill.), 339
– Bisphenol-A (BPA)

See BISPHENOL-A (BPA)

– Conn., new law sets stricter limits on hazardous substances in children's products, 613
– Consumer Product Safety Improvement Act of 2008 (CPSIA) clarifies most preemption issues, empowers state attorneys general, BNA Analysis & Perspective, 1104
– Lead paint

– – Mattel and others reach $1.8M settlement, adopt new standards before deadline (Cal. Super. Ct.), 1089
– – Thomas train

– – – Insurer has duty to defend (N.D. Ill.), 609
– – – Manufacturer settles class suits (Ill. Cir. Ct.), 78

– Lead, voluntary CSPC recalls do not preempt state remedies (C.D. Cal.), 1090
– Me. legislature approves ban on certain chemicals in children's products, 366
– Phthalates

See PHTHALATES

TRADE SECRETS

– Generic antidepressants, information-sharing provision stricken from protective order as too broad (D.N.M.), 486
– Nanomaterials voluntary reporting, business confidentiality issues in UK, 855

TRANSPORTATION

– Air transportation

See AIR TRANSPORTATION

– Financial assurance, citizen groups sue EPA and Transportation Dept. for failure to issue rules (N.D. Cal.), 246
– Hazardous material transportation, Outlook 2008, 89
– Hazardous waste

See HAZARDOUS WASTE

– Maritime industry

See SHIPS AND SHIPPING

– Motor vehicles

See MOTOR VEHICLES

– Railroads

See RAILROADS

– RCRA, electronic manifest to track hazardous waste

See LEGISLATION, FEDERAL, S 3109

TRESPASS

– Pesticide, claim fails due to lack of physical impact proof (Vt.), 424
– Toxic trespass, recent cases, BNA Analysis & Perspective, 499

TRICHLOROETHENE

– Well water, medical monitoring claim rejected absent present injury (N.C. Ct. App.), 26

TRICHLOROETHYLENE (TCE)

– Lockheed wants federal government to share cost of cleaning up ground water contamination at military and space facilities (D.D.C.), 617
– Minn., Naval ordnance plant, water contamination, consent decree filed (D. Minn.), 1126
– North Indian Bend Wash consent decree, companies to pay $500,000 penalty for failing to treat ground water or alert authorities (D. Ariz.), 453
– Parkinson's disease risk may increase from workplace exposure, study finds, 81
– Raytheon Aircraft, PRP may pursue joint and several liability (D. Kan.), 30; U.S. not limited to compulsory counterclaim, 150; sanction on U.S. denied, 223; suit against U.S. dismissed because military used little TCE during W.W.II, 490
– Residents failed to show plume affected any individual (Tex. App.), 406
– Vapor intrusion

– – Air and soil contaminates, newly discovered problems, suit may proceed despite former litigation (N.Y. App. Div.), 1087
– – Guidance on risk and cleanup levels planned by EPA, 330

TRUSTS

– Hazardous waste financial assurance mechanisms, BNA Analysis & Perspective, 524
– Portland Harbor Superfund Site, settlement includes $1.2M trust fund, 1022
– Standing, Wash. state superfund law allows company to sue for contribution although recoveries would go to third-party cleanup trust (9th Cir.), 663

TSCA

See TOXIC SUBSTANCES CONTROL ACT (TSCA)

TVA

See TENNESSEE VALLEY AUTHORITY (TVA)