Toxics Law Reporter Index-Summary

UNDERGROUND STORAGE TANKS (USTs)

– Ariz., Honeywell Int'l agrees to pay to settle long-term violations at Phoenix airport (Ariz. Super. Ct.), 701
– ExxonMobil agrees to pay $4M for gas leak (Md. Cir. Ct.), 833
– Gas stations in Md., Va., and D.C., owner fined over $3 million (EPA EAB), 249
– Grocery store, oil leak, claim dismissed for lack of expert proof (E.D. Mich.), 207
– Hanford nuclear site waste spill, Energy Dept. agrees to pay $250,000 fine imposed by state, 386
– Home heating oil contamination not covered under pollution exclusion clause (1st Cir.), 84
– Insurer may not retroactively void policy due to misrepresentation (N.D. Fla.), 307
– Pollution exclusion clause bars coverage for gasoline released from UST (Alaska), 519
– P.R., benzene leak, Esso's violations egregious, clean up ordered (D.P.R.), 1096
– RCRA

– – Attorneys' fees depend if suit will protect public (W.D.N.Y.), 151
– – Ongoing compliance required despite limitations period (E.D. Tenn.), 50

– Statute of limitations on contribution claims under Ind. law does not begin to run until property owner is ordered to cleanup site (Ind.), 552
– Tenn., changes to cleanup fund use and certification requirements approved by state Senate, 308
– Wash., Hanford Site, state sues Energy Department over cleanup of tank waste (E.D. Wash.), 1071

UNITED KINGDOM (UK)

– Nanotechnologies, official admits problems with voluntary reporting, 855

UNIVERSITIES

See SCHOOLS

USTs

See UNDERGROUND STORAGE TANKS (USTs)

UTAH

– Fentanyl patch overdose, federal law preempts state law allowing punitive damages claim if maker knowingly withheld information from FDA (D. Utah), 1019
– Holly Refining to spend $17M to clean up emissions at Woods Cross, Utah refinery (D. Utah), 369
– Liquid gas explosion, pollution exclusion clause does not bar damages claim (D. Utah), 32
– Pondimin, recalled drug dispensed by pharmacy, negligence claims allowed (Utah), 821
– RCRA, legal fees awarded to prevailing party with only limited success (D. Utah), 248
– Superfund pre-enforcement review bar triggered by preliminary cleanup-related steps at former weapons testing site (10th Cir.), 754

UTILITIES

– American Electric Power

– – Continuous monitoring at power-plant, utility agrees to install in consent decree with Public Citizen and Sierra Club (E.D. Tex.), 551
– – Could be template for future actions, prosecutor predicts more large settlements in future, 496

– Asbestos, death benefits improperly denied utility worker who died of lung cancer, substantial contributing factor standard applies (N.D.), 408
– Cal Water

– – PCE contamination of water wells, suit returned to state court (N.D. Cal.), 1002
– – Sudden and accidental exception to pollution exclusion clause may be invoked in suit alleging PCE dispersed through pumping system (N.D. Cal.), 758

– Canada, mercury emissions from Detroit utility's power plants allegedly damage fish populations in Ontario, trial set (Ont. Sup. Ct.), 621
– CWA

– – Best technology for minimizing adverse environmental impact at cooling water intake structure, availability of cost/benefit analysis (U.S., rev grant), 348
– – Sewer system improvement ordered for Lexington-Fayette Urban County (E.D. Ky.), 249

– Coal-fired power plants

See POWER PLANTS, COAL-FIRED

– Coke oven emissions at fossil fuel-fired electric power plants standards, EPA settles suit with coke manufacturers (D.C. Cir.), 350
– Con Edison Superfund settlement agreement, unanticipated cleanup costs are insufficient basis for rescission (E.D.N.Y.), 326
– Duke Energy construction of new coal-fired boiler, environmental groups seek injunction alleging permit improperly granted (W.D.N.C.), 718; company must initiate maximum achievable control technology (MACT) process, 1097
– Electricity

See ELECTRICITY

– Fla. Power and Light nuclear plant sewage sludge exposure blamed for cancer of later-born children, dismissal for flawed expert evidence upheld (11th Cir.), 361
– Hexavalent chromium in ground water, PG&E agrees to pay $24M to resolve remaining complaints (Cal. Super. Ct.), 323
– Mercury removed from gas regulators, natural gas company guilty of illegal storage (D.R.I.), 944
– MTBE contamination of drinking water

See METHYL TERTIARY BUTYL ETHER (MTBE)

– New source review violations

See NEW SOURCE REVIEW

– Oil and gas

See OIL AND GAS

– PCBs, Memphis Light agrees to pay $1.22M to settle TSCA violations (EPA), 1024
– PCE, nuisance suit against city for contamination stemming from leaking sewer pipes may proceed (E.D. Cal.), 935
– Peoples Gas Light and Coke Co., RCRA suit filed before CERCLA cleanup agreement is still barred (N.D. Ill.), 892
– Puget Sound Energy agrees to pay $800,000 in penalties for diesel fuel in salmon-bearing stream (W.D. Wash.), 370
– Raw sewage, insurer must defend if policyholder shows damage unrelated to pollutant release (N.Y. App. Div.), 12
– Sodium dichromate exposure at Iraqi water treatment plant alleged, Army panel is reviewing claims by former employees of contractor, 910