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Vol. 23, Nos. 1-49, pp. 1-1144 Jan. 3 -- Dec. 18, 2008 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
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
Polluter pays tax, Outlook 2008, 93
Superfund
Brownfields tax incentive renewed
Tax expiration, EPA relying on fines and general fund to finance program, Gov't Accountability Office report, 722 Wash., refinery byproduct used as heat source not exempt from state hazardous substance tax (Wash.), 720
Perfluorooctanoic acid
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 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
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
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
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 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
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 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 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 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 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
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
Strict liability sought, waste disposals in early 1900s may have been abnormally dangerous activity, motion to dismiss denied (N.D. Ill.), 985
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
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 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
Chantix
Pfizer adds behavioral risks to label, 115
Psychotic behavior link alleged, negligent failure-to-warn physician claim allowed (E.D. Pa.), 1017
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
Ga., new statute valid (Ga.), 239
Mich., pharmaceutical firms' immunity from suit
See MICHIGAN
Oil spills, liability limits, Outlook 2008, 100
Asbestos ban using TSCA definition
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
Aqua Dots, toy bead craft cases consolidated (N.D. Ill.), 339
Bisphenol-A (BPA) 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 Me. legislature approves ban on certain chemicals in children's products, 366 Phthalates
See PHTHALATES
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
Air transportation
Hazardous material transportation, Outlook 2008, 89 Hazardous waste
See HAZARDOUS WASTE
See MOTOR VEHICLES
See RAILROADS
Pesticide, claim fails due to lack of physical impact proof (Vt.), 424
Toxic trespass, recent cases, BNA Analysis & Perspective, 499
Well water, medical monitoring claim rejected absent present injury (N.C. Ct. App.), 26
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
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 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |