Following the reasoning of the Supreme Court in Connecticut v. American Electric Power Co., Inc. (AEP), 546 U.S. ___ (No. 10-174, S. Ct. 2011), the U.S. District Court for the Eastern District of Washington ruled in January that federal common law nuisance claims filed by Washington residents living downstream and downwind of a Canadian metal smelter and fertilizer manufacturing facility must be dismissed, because CERCLA displaces the federal common law of nuisance. Barbara Anderson, et al. v. Teck Metals, 2015 BL 1624 (E.D. Wash. No. 13-CV-420, 1/5/15). Former and current residents of Northport, Washington filed a class action alleging that air… Read more
Tag: cadmium
EPA Withdraws Cadmium Immediate Final Rule Under TSCA
On December 14, 2012, EPA announced the withdrawal of an immediate final rule issued under Toxic Substances Control Act (TSCA) Section 8(d) regarding products containing cadmium. “EPA has decided to withdraw the immediate final rule”, said EPA’s Office of Pollution Prevention and Toxics in a December 14 statement. The withdrawal was to be codified in a Federal Register announcement last week. The immediate final rule had required “manufacturers (including importers) of cadmium or cadmium compounds, including as part of an article, that have been, or are reasonably likely to be, incorporated into consumer products to submit certain unpublished health… Read more