Toxics Law Reporter Index-Summary

LABELING

LANDFILLS

– CAA, East Brunswick operators settle emissions charges (D.N.J.), 760
– Coal ash status, landfill capacity relevant to proposal, utility industry says, 956
– CWA, Chesapeake Bay tributary, coal ash, 57; Md. sues Mirant Power (D. Md.), 324
– Ill., Hillside Landfill resolves state violations (Ill. Cir. Ct.), 866
– Nuisance, odors from demolition site, immediate alleviation sought (Ohio Ct. C.P.), 244
– RCRA

– – State order does not bar suit if EPA retains authority (M.D. Tenn.), 322
– – Tex. landfill disputes state authority (U.S., rev sought), 1105; (rev den), 1252

– Saccharin and salts, EPA proposes removing from hazardous waste lists, 409
– Superfund

– – Cal., El Dorado County to clean up landfill near Lake Tahoe (E.D. Cal.), 676
– – Cost recovery claim time-barred (W.D. Pa.), 1185
– – Lead from car batteries, city of Gary and auto yard owner liable (N.D. Ind.), 166
– – Lowry site, groundwater, Coors settles claims (D. Colo.), 562; settlement approved, 1136
– – Petroleum, Del., cleanup, monitoring, 105
– – Tewksbury, Mass., cleanup plan (D. Mass.), 10

– TSCA, elevated PCB levels at landfill, settlement, 1286

LANHAM ACT

– Food, trans fat count rounded down, state claims barred (C.D. Cal.), 1209

LAWYERS

See ATTORNEYS

LEAD

– Artificial turf firms agree to reduce lead levels (Cal. Super. Ct.), 760
– Baby food and beverages, lead contamination alleged (D. Colo.), 726
– Bullets

– – CWA, citizens' standing (U.S., rev sought), 79; (rev den), 261
– – EPA denies petition to regulate shot, bullets and fishing sinkers, 892; environmental groups to challenge EPA, 956
– – Insurance, duty to defend shooting range (D. Or.), 55
– – TSCA. groups seek to ban lead in bullets and fishing tackle (D.D.C.), 1258

– CAA, EPA air quality standards upheld (D.C. Cir.), 492
– Gas for propeller planes, ban, 34
– Lipstick, no harm shown in proposed class suit (3d Cir.), 317
– Monitoring emissions, expansion, 17; final rule published, 1352
– Nuisance and trespass claims, time bar not defeated by sovereign immunity (C.D. Ill.), 483
– Paint

– – Canada, lead reduction on children's items initiated, 1214; final rule issued, 1321
– – Contingency legal fees allowed in some nuisance suits (Cal.), 743; amicus brief filed (U.S., rev sought), 1276
– – Learning disabilities in teen, paint firm seeks to reverse award (Miss.), 702
– – Limited liability firm member may be personally liable for children's injuries (Md.), 282
– – Litigation costs denied successful defendants (R.I. Super. Ct.), 554
– – Negligence verdict lacked “owner or operator” definition (Md. Ct. Spec. App.), 1303
– – Public nuisance litigation in case of potential “planetary liability,” Insight, 411
– – Risk-utility rule violates due process rights (E.D. Wis.), 666; remaining defendants win reprieve, 1210
– – Thomas toy train maker, insurer need not defend from U.S. suits (7th Cir.), 314
– – TSCA, disclosure rules for residential leases (11th Cir.), 782

– Smelters

– – China, Gansu province residents sue smelter, 519
– – Insurance policies, lead may not be “pollutant” (E.D. Mo.), 431
– – Tex. law, unallocated settlements bar cleanup claim against insurer (5th Cir.), 781
– – Zinc, verdict for neighbors conditionally affirmed (W.Va.), 282; settlement (W.Va. Cir. Ct.), 1236

– Superfund

– – Car battery waste, city of Gary and auto yard owner liable (N.D. Ind.), 166
– – Tar Creek site, relocation fund to cover Kan. residents, 378; ban on property value suits valid (Okla.), 644; state not party to tribe's damages suit (N.D. Okla.), 886

LEGISLATION, FEDERAL

– Ed. Note: This heading covers bills with assigned numbers only. For information on measures not yet assigned numbers, see specific subject headings.
– House

– – HR 3619, Coast Guard reauthorization, oil spill prevention, passed, 1042
– – HR 4678, Foreign Manufacturers Legal Accountability Act, Insight, 247
– – HR 5088, Clean Water Act, jurisdiction clarification, 406; agencies' views expressed in letters, 762
– – HR 5301, Fishing boat permit exemption, House passes, 762

– Senate

– – SJRes 26, Greenhouse gas emission rules, effort to block fails, 603
– – S 510, Food safety, Feinstein (D-Cal) to seek BPA ban in containers, 489
– – S 1606, Foreign Manufacturers Legal Accountability Act, Insight, 247
– – S 2995, Power plant emissions bill dropped, 981
– – S 3072, EPA greenhouse gas rules, two-year delay, 220
– – S 3125, Superfund tax for orphan site cleanups, 265
– – S 3305, Oil spills, raise in liability cap, 466; Republicans block vote, 488; Senate panel approves unlimited liability for offshore spills, 683
– – S 3306, Oil spills, advance payments for affected states, 466

LIMITATIONS PERIODS

See STATUTES OF LIMITATIONS

LOUISIANA

– Arsenic, cattle dip unreasonably dangerous per se (La. Ct. App.), 1157
– Bacteria in baby formula, brain damage, warning claim allowed (D. Minn.), 398
– Chinese drywall, sulfur gas, remediation and other costs awarded (E.D. La.), 397; 300 homes to be repaired, 1128; pollution exclusion clause no bar to coverage, 1349
– Chlorine, industrial hose fitter not manufacturer under La. law (M.D. La.), 1130; correction, 1245
– Clean Air Act (CAA)

– – Murphy Oil, Meraux refinery (E.D. La.), 122; settlement (W.D. Wis.), 1009
– – Shell refineries to pay fine and implement pollution controls (S.D. Tex.), 326

– Ethyl acrylate, Dow Chem., CAFA amount in controversy not met (5th Cir.), 795
– Gulf of Mexico oil spill

– – Advance payments to affected states

See LEGISLATION, FEDERAL, S 3306

– – Agencies to probe, 409
– – Ala. files two suits over BP spill (M.D. Ala.), 822; BP rejects lost revenue claim, 980
– – BP blames Halliburton cement work, report, 946
– – Broad scope of impacts discussed, 752
– – Cause of rig accident unexplained at Senate hearings, 469
– – Clean Water Act (CWA)

– – – Citizens' suit, enforcement against BP planned, 567; filed (E.D. Pa.), 624; legal issues analyzed, Insight, 958
– – – Transocean, rig owner, claims may proceed (S.D. Tex.), 596

– – Compensation fund distribution not based on proximity, 1154; two options offered, 1238
– – Congress briefed on cleanup progress, 434; Congress weighs legislation, 523
– – Consolidation sought for suits against BP, Transocean and others (MDL), 453; 77 suits transferred and consolidated (J.P.M.L.), 795; La. suit to remain in multidistrict litigation (E.D. La.), 1064; BP waives liability limit, 1096; structure and schedule for litigation set, 1154; discovery to begin, 1239; status conference dates set, 1321; Justice Dept. files suit (E.D. La.), 1354; Transocean safety audit records ordered, 1355
– – Crisis communication plans, Insight, 735
– – Escrow account to be created by BP, 600
– – Food

– – – Fishing ban area and monitoring efforts expanded, 498
– – – Shrimpers file negligence suit (E.D. La.), 423

– – Gulf Coast Claims Facility, process and predictions, Insight, 985
– – Insurers seek ruling on coverage (S.D. Tex.), 544
– – Liability caps

– – – GAO asks Congress to revise trust fund cap, 1223
– – – House panel measure to raise liability planned, 602
– – – Increase to $10B

See LEGISLATION, FEDERAL, S 3305

– – – Offshore drilling accidents, Insight, 575
– – – Transocean seeks $26.8M limit (S.D. Tex.), 482; DOJ moves to block limit, 563; Transocean/DOJ agreement reached, 597
– – – White House supports lifting limit on future spills, 557

– – Litigation, over 100 suits filed, 558
– – Louisiana

– – – BP to restore La. coast and test seafood, 1153
– – – Transocean sued by state (E.D. La.), 979

– – Managing claims, multidistrict suits vs. independent fund, Insight, 685
– – National commission works on restoration proposal, 1287
– – Natural resource trustees assess damage, 1041
– – Obama calls for updates to oil pollution laws, 601
– – Restoration head seeks to divert CWA trust funds to BP cleanup, 1008
– – Seafood, class suit over dispersant Corexit 9500 (E.D. La.), 666
– – Taxation and liability increases considered by White House, 498

– Hurricane Katrina, formaldehyde in FEMA trailers, dismissal affirmed (5th Cir,), 1336
– Metoclopramide, brand name maker not liable to user of generics (M.D. La.), 1159
– Naphtha leak, class damages reduced (La,), 1122
– Oil and gas

– – Chevron, pre-purchase contamination, land owners may sue (La. Ct. App.), 854
– – Radioactive materials in drinking water, bankruptcy (3d Cir.), 8
– – Spill

See Gulf of Mexico oil spill, this heading

– Pollution exclusion clause, leased land cleanup cost recovery barred (5th Cir.), 1217
– Refineries

– – Battle reenactment, dust exposure, class certified (E.D. La.), 617
– – Wetland, estuary cleanup, ConocoPhillips settles, 1109

– Tobacco, Scalia halts payment to La. smoker class (U.S., judgment stayed), 996; (rev sought), 1310
– Vioxx, redhibition claim, elements not proven (E.D. La.), 669
– Zyprexa, off-label marketing, Lilly settles claims brought by La. (E.D.N.Y.), 399

LUNG DISEASE

– Asbestos

See ASBESTOS

– Beryllium, monitoring claim requires genetic marker proof (3d Cir.), 588
– Diacetyl

See DIACETYL

– Diet drugs, pulmonary hypertension

– – Pondimin, suit time barred (U.S., rev den), 286
– – Redux, negligent design defect claim (Pa. Super. Ct.), 799

– Silica

See SILICA

– Tobacco

See TOBACCO INDUSTRY

– X-ray machine cleaning fluid, worker's cancer claim (N.Y. Sup. Ct.), 134