Toxics Law Reporter Index-Summary

WASHINGTON

– Asbestos

– – Shipworker and insulation, engine manufacturer need not warn re third party product (Wash. Ct. App.), 870
– – Workplace exposure, mesothelioma, direct evidence not needed to survive summary judgment under state law (W.D. Wash.), 1014

– Flame retardants, polybrominated diphenyl ethers (PBDEs), state bans manufacture, sale, and distribution, 139
– Radioactive transuranic waste, state may regulate Energy Dep't WIPP-designated waste at Hanford site under RCRA (9th Cir.), 379; stimulus funds to help with cleanup, 486; tri-party agreement and consent decree proposed, 971
– Superfund

– – Commencement Bay Nearshhore/Tideflats site, F.O.F. to contribute to cleanup per proposed consent decree (W.D. Wash.), 182; Occidental Chem. settles related case, 607; Hylebos Waterway manufacturers to pay $2.33M, 905
– – Double H site, pesticide contamination, owners to clean up and install monitoring wells, 819
– – Mount Baker-Snoqualmie Natl. Forest, Wash. cleanup, §113 pre-enforcement review bar precludes CWA citizens' suit (W.D. Wash.), 705

WASTE

– Alkylation acid sludge, World War II aviation fuel manufacturing site, U.S. to pay $84M to oil firms for cleanup (Fed. Cl.), 508
– Effluent discharge, Louisiana Land & Water and exec indicted (W.D. La.), 707
– Fertilizer plant owner pleads guilty to releasing contaminated waste water in city sewers (D. Kan.), 321
– Pig manure lagoons, husband of swine flu victim files discovery petition against Smithfield Foods (Tex. Dist. Ct.), 623
– Poultry, Okla. gets expedited appeal in suit against producers for alleged improper disposal creating Illinois River damage (10th Cir.), 95; phosphorous compounds contaminating waters, state sues Tyson and others for cleanup costs (N.D. Okla.), 378; injunction properly denied (10th Cir.), 633; monetary damages claims dismissed (N.D. Okla.), 903
– Water treatment, economic recovery funds to support rural projects, 710

WATER POLLUTION

– Acidic and caustic waste dumping, Crown Chem. officers sentenced and fined (N.D. Ill.), 214
– Canadian environmental enforcement legislation would raise fines for polluters and poachers, 349
– Carbon tetrachloride, discretionary function exception to FTCA bars suit against Army for ground water contamination (N.D. Cal.), 198
– Cleanup

– – Funding

See LEGISLATION, FEDERAL, HR 1262

– – N.Y. inspection reveals need for more ventilation to dissipate chemical contamination, In Brief, 386
– – Violation of regulations, R.I. governor signs law raising maximum fines, 822

– Coal-fired power plants, waste water discharge, effluent guidelines, EPA plans revision, 1112
– Coal mines, combustion waste disposal, groups seek reconsideration of proposed rule allowing open dumps, 18; fly ash, Envtl. Integrity Project urges EPA to toughen regulation, 69
– Contaminated site cleanup, Ga. governor signs Voluntary Remediation Program Act, 612
– Control law violations, Or. legislature passes bill to increase penalties, 676
– CWA

See CLEAN WATER ACT (CWA)
– – Citizens' suits

See CITIZENS' SUITS

– Drinking water

See DRINKING WATER

– Emissions, Tex. commission settles claim with refiner, 998
– Enforcement

– – Appropriations

See LEGISLATION, FEDERAL, HR 1105

– – Policies, state and local water officials seek input in setting, 1135

– Fecal coliform, nitrites, and ammonia discharge, Tyson to pay $2M for consent decree violations at Dakota City, Neb. plant (D. Neb.), 1020
– Fly ash

– – Coal ash impoundments, standards

See LEGISLATION, FEDERAL, HR 493

– – Constellation Power Generation settlement approved (Md. Cir. Ct.), In Brief, 42

– Funding for state programs, Outlook 2009, 114
– Ground water contamination

– – Chlorinated solvents and other contamination at Contra Costa, Cal. landfill, nuisance and trespass claims proceed, RCRA claims dismissed (N.D. Cal.), 1012
– – Chrysotile asbestos, Vermont Asbestos Group Mine site, former owner to pay $25.6M for cleanup (Bankr. D.N.J.), 817
– – Hexavalent chromium dumping, pollution exclusion clause removes insurer duty to defend (Cal. Ct. App.), 845
– – Hydrologist testimony on third-party reports of volatile organic compounds insufficient to prove hazardous release, summary judgment warranted (4th Cir.), 60
– – Lawrence Livermore Natl. Lab., Cal., EPA orders Energy Dep't to restart cleanup and pay penalties, 60; cleanup resumes, 482
– – Pollution monitoring wells installed under cleanup order no trespass under state law (D.N.J.), 454
– – Raytheon Co. chemical leak, class of property owners certified (M.D. Fla.), 1168
– – RCRA, hydrocarbon plume, cleanup order not dischargeable in bankruptcy (7th Cir.), 1044
– – Refineries, explosion and hazardous substance release, insured owes separate event deductibles (S.D. Tex.), 1132
– – Vinyl chloride, class certification proper in suit against Dow Chem. (La. Ct. App.), 622

– Kinder Morgan challenges fairness of Los Angeles water board cleanup order for tank farm (Cal. Super. Ct.), 184
– Management challenges of EPA, GAO report addresses, 350
– Marine Shale oilfield waste processing site, La. Envtl. Quality Dep't to oversee study and cleanup, 487
– Mountaintop mining waste, ban on dumping into rivers and streams

See LEGISLATION, FEDERAL, HR 1310, S 696

– N.J. Environmental Rights Act advance notice requirements, failure to comply not curable (D.N.J.), 512; class certified in remaining suit, 1193
– Oil

– – Contaminated waste water discharge

– – – Ground water, production waste, energy firm must pay cotton grower $8.5M in trespass case (Cal. Super. Ct.), 748
– – – Holy House Shipping to pay $1.4M and serve 3 years probation per plea agreement (D.N.J.), 380

– – Pipeline, Enbridge Energy to pay $1.1M settlement for violating construction permits (Wis. Cir. Ct.), 47
– – Spills

– – – Amazon contamination, final arguments prepared in Ecuadorian citizens' $27B suit against Chevron, 602
– – – Spanish, French, and Portuguese coastal pollution, Intl. Convention on Civil Liab. does not divest federal court of jurisdiction (2d Cir.), 721

– Overview of pending bills, chart, 1084
– Perchloroethylene (PCE), ground water contamination

– – Cargill granted summary judgment absent proof of polluting acts or knowledge (D. Neb.), 56
– – V.I. aquifer, natural resources damage suit lacking substantial federal issue dismissed (D.V.I.), 1039

– Radioactive transuranic waste, state may regulate Energy Dep't WIPP-designated waste at Hanford, Wash. site under RCRA (9th Cir.), 379; stimulus funds to help with cleanup, 486; tri-party agreement and consent decree proposed, 971
– Superfund

– – Chemical-laden sludge, water plant official charged with dumping into Susquehanna River (N.Y. County Ct.), 383
– – Cleanup grants

– – – Economic recovery legislation

See LEGISLATION, FEDERAL, HR 1

– – – Waterfront sites

See LEGISLATION, FEDERAL, HR 3518

– – Landfill contamination, defendants to pay $99M to N.J. and EPA under proposed settlement (D.N.J.), 61
– – Poultry waste, Okla. gets expedited appeal in suit against producers for alleged improper disposal creating Illinois River damage (10th Cir.), 95; phosphorous compounds contaminating waters, state sues Tyson and others for cleanup costs (N.D. Okla.), 378; injunction properly denied (10th Cir.), 633; monetary damages claims dismissed (N.D. Okla.), 903
– – San Gabriel Valley, Cal. site, TCE, PCE, 1,4-dioxane, and perchlorate contamination, defendants to pay $21M in cleanup, 1044
– – Solvent Savers, N.Y. site, defendants agree to pay $14.8M in proposed consent decree (N.D.N.Y.), 271

– Triclosan, magnetic particle enzyme immunoassay is cheaper, faster test for antimicrobial disinfectant, Agric. Research Serv. says, 59
– Viral contaminants and harmful microbes in swimming pool, pollution exclusion clause bars coverage under Fla. law (S.D. Fla.), 1015

WEST VIRGINIA

– Asbestos, mesothelioma, railroad worker's voluntary general release does not preclude tort suit under FELA (W. Va.), 410
– CAA, sulfuric acid manufacturers to pay $2M fine and close Belle plant (S.D.W. Va.), 539
– Clean Water Act (CWA)

– – Coal, acid drainage from abandoned mines, state must get National Pollutant Discharge Elimination System (NPDES) permits (N.D.W. Va.), 148; southern sites also require NPDES permits (S.D.W. Va.), 1019
– – Metals discharges, Patriot Coal to pay $6.5M and implement preventive measures (S.D.W. Va.), 214
– – Mountaintop coal mining, orders blocking permits reversed (4th Cir.), 241; (U.S., rev sought), 1046
– – Selenium release, Bridge Fork Surface Mine, W. Va., state consent order no bar to suit (S.D.W. Va.), 1019

– Herbicide and diesel fuel mixture, tree trimmer exposure suit dismissed (4th Cir.), 503
– Organic chlorinated solvents and toxic encephalopathy, study and occupational medicine specialist testimony excluded (W. Va. Cir. Ct.), 783
– Pesticide disposal, Bayer CropScience agrees to pay $1M for CAA, CWA, and RCRA violations at Institute plant, 343; methomyl residue treater involved in unrelated fire lacked permit, 587
– PFOA contamination in Parkersburg, water supply, medical monitoring claim upheld in suit against DuPont (S.D.W. Va.), 1169
– Vinyl chloride and angiosarcoma, workplace exposure, failure to warn, sophisticated user and bulk supplier defenses allowed (S.D.W. Va.), 1101

WETLANDS

– Chrysotile asbestos contamination, Vermont Asbestos Group Mine site, former owner to pay $25.6M for cleanup (Bankr. D.N.J.), 817
– Clean Water Act (CWA)

– – Application, Outlook 2009, 114
– – “Discharge of dredged material,” Army Corps and EPA clarify definition, 16
– – Excavation without permit, farmers properly penalized (6th Cir.), 212
– – House committee agenda includes clarification after Rapanos decision, 101
– – Mich. shopping center developer agrees to restoration, fine, and settlement (E.D. Mich.), 15
– – Municipality seeks ruling that Army Corps of Eng'rs jurisdictional determination re proposed Alaska recreation area is final agency action (U.S., rev sought), 343
– – Pre-suit notice letter sufficient to identify dredge-and-fill location survives motion to dismiss (S.D. Miss.), 213

– Oil pipeline, Enbridge Energy to pay $1.1M settlement for violating construction permits (Wis. Cir. Ct.), 47
– Overview of pending bills, chart, 1084
– RCRA, mercury contamination, natural gas well operator to clean up and replace meters (W.D. La.), 820
– Superfund

– – Auto fluff dump, bankruptcy estate would pay $8.3M for Superfund cleanup under proposed consent decree (Bankr. N.D. Ill.), 671
– – Landfill contamination, defendants to pay $99M to N.J. and EPA under proposed settlement (D.N.J.), 61
– – McGuire Air Force Base, N.J., nickel, mercury, and other contaminants, federal facility cleanup agreement signed, 1131

WHISTLEBLOWERS

– Smithsonian lighting installer with asbestosis files Office of Special Counsel complaint for failure to warn and job demotion, 411

WISCONSIN

– Accutane and suicide, failure to warn, summary judgment for manufacturer proper (11th Cir.), 724
– Air pollution, wind tower builder settles charges (Wis. Cir. Ct.), In Brief, 850
– Asbestos and mesothelioma, brake lining worker, seller not strictly liable, negligence claims may proceed (Wis. Ct. App.), 600
– E. coli and hemolytic uremic syndrome, contaminated spinach, consumer sues producers, retailer, and related firms (Wis. Cir. Ct.), 1063
– Paxil, state failure-to-warn claims not preempted (E.D. Wis.), 935
– RCRA, gasoline spill, injunction for immediate cleanup denied (E.D. Wis.), 995
– Respirator manufacturer post-settlement contingent liability did not give standing for declaratory judgment against insurer (E.D. Wis.), 136
– Superfund, Lower Fox River and Green Bay site, 11 companies to pay $1.9M PCB cleanup cost (E.D. Wis.), 876
– Wetlands, oil pipeline, Enbridge Energy to pay $1.1M settlement for violating construction permits (Wis. Cir. Ct.), 47

WORKERS' COMPENSATION

– Asbestos, workplace exposure and mesothelioma

– – Law does not bar pre-1975 claims (La.), 657
– – Pipefitter, liability release bars wrongful death suit, summary judgment proper (Tex. Ct. App.), 1038

– Sulfuric acid, Chevron worker claim reinstated under Utah intentional injury exception (Utah), 262

WRONGFUL DEATH

– Asbestos

See generally ASBESTOS

– Benzene, myelogenous leukemia, lack of exposure evidence and workers' compensation coverage warranted judgment for chemical companies (Tex. Ct. App.), 232
– Carbon monoxide poisoning, risk in van parked outdoors with improperly installed exhaust system not obvious, summary judgment reversed (11th Cir.), 264
– CERCLA discovery rule may allow stale derivative claims, Analysis & Perspective, 186
– Digitek makers and distributors sued for defective tablets (E.D. Tex.), 535
– Duragesic patch, negligence and punitive damages claims proceed under Utah law (D. Utah), 965
– Effexor, warnings issued after suicide properly excluded (7th Cir.), 234
– Fen-phen and pulmonary hypertension, in pari delicto, use of wife's medication, summary judgment denied (E.D. Pa.), 506
– Formaldehyde inhalation, product liability claim must meet state time limitation (Ind.), 6
– Herbicide and diesel fuel mixture, tree trimmer exposure suit dismissed (4th Cir.), 503
– Hexavalent chromium and pulmonary fibrosis, plaintiff cannot make blanket objection to admission of scientific proof (M.D. Ga.), 837
– Paxil and suicide, unadopted stepchildren may not sue (Tex. Ct. App.), 787
– Peanut butter contaminated with salmonella, Peanut Corp. of Am., son may seek punitive damages for death of mother (D. Minn.), 202
– Tobacco industry

– – Daughter of deceased smoker awarded $13.8M in punitive damages (Cal. Super. Ct.), 1042
– – Philip Morris ordered to pay $8M punitive and compensatory damages in first Engle progeny trial (Fla. Cir. Ct.), 267
– – Smoker aware of risks, jury finds for R.J. Reynolds (Fla. Cir. Ct.), 447
– – $20M award lacks support, remanded for new trial on punitive damages (Mo. Ct. App.), 7
– – Widower suit may proceed, punitive damages barred (S.D.N.Y.), 1103

– Veterinary medication, wrongful death of pet cats, owner loss not covered (Vt.), 626
– Zyprexa and suicide, summary judgment proper (5th Cir.), 473

WYOMING

– CWA, Silver Tip Creek and Salt Creek oil discharge, Andarko to pay $1M penalty and $8M compliance (D. Wyo.), 610