Ohio
Governor Vetoes Bill Limiting Municipal Lawsuits Against Lead Pigment Manufacturers
On January 8, Ohio Governor Ted Strickland (D) vetoed a
bill that would have essentially banned city lawsuits against former manufacturers
of lead pigment and lead-based paint. The bill, passed toward the end of the
2006 legislative session, was set to go into effect because former Governor
Bob Taft (R) neither signed nor vetoed the bill. Under Ohio law, if a governor
takes no action a bill, the bill becomes law after ten days.
The bill would have blunted the efforts of six Ohio cities,
including East Cleveland, Toledo, and Akron, which have filed cases against
Sherwin-Williams, Millenium Holdings, NL Industries (formerly National Lead),
ConAgra Grocery Product Company, Du Pont, Atlantic Richfield, Cytec Industries,
and American Cyanamid on claims that the companies created a public nuisance
by knowingly marketing and selling a product in Ohio that the industry knew
to be dangerous.
The language limiting public nuisance claims was part of
a larger bill that sought to prevent large damages against corporations that
have harmed Ohio consumers.
In vetoing the bill, Strickland said, “[This bill]
greatly weakens current protections provided to consumers in the State of Ohio.
This effort to mend the Consumer Sales Practices Act and arbitrarily limit awards
to victims...does not allow consumers defrauded by companies to seek appropriate
justice.”
Strickland continued, “While weakening protections
for consumers, at the same time the bill strengthens protections for companies
that may have been responsible for products that have harmed and even continue
to harm children and others in Ohio. This prevents cities from being able to
seek justice on behalf of their citizens. I will not allow this legislation
in its current form, which drastically undermines current consumer protections,
to go into effect during my administration.”
St.
Louis Lawsuit Against Former Lead Pigment Manufacturers Moves Forward
Seven years after its initial filing, a lawsuit filed by
the City of St. Louis against several former lead pigment manufacturers is moving
forward, with the Missouri Supreme Court planning to consider the case.
The City of St. Louis sued the lead pigment manufacturers
in January 2000 to recover its costs to treat lead poisoned children and abate
lead hazards in public and private homes and buildings. The suit claims that
the defendants manufactured and marketed lead pigments despite their knowledge
of the hazards, and accuses the defendants of failing to test their products
adequately and warn of their dangers. The complaint included claims for public
nuisance, product liability, negligence, fraudulent misrepresentation, conspiracy,
unjust enrichment, and indemnity, and seeks compensatory and punitive damages
as well as injunctive relief.
The case, St. Louis v. Lead Industries Association
et al., was tied up for several years in pretrial motions. In 2004, the
judge in the case, Margaret Neills, narrowed the city’s suit to a claim
of public nuisance, and in 2006, dismissed the case. In early January of this
year, an appeals court in Missouri decided to send the case to the state’s
high court, saying, "the existing law affecting this case should be reexamined,"
and adding that it is an "important question in which the general public
has interest."
The Missouri Supreme Court has yet to schedule a date for
review.
City
of Los Angeles Joins Lead Paint Lawsuit in California
The City of Los Angeles in early January joined a multiparty
lawsuit against several former lead pigment manufacturers. The suit, originally
filed by Santa Clara County in 2000, alleges that the existence of lead-based
paint in millions of homes and other buildings is a public nuisance under California
law.
The case, County of Santa Clara v. Atlantic Richfield,
has already traveled heavily through the California court system. Originally
dismissed at the trial court level, the case was reinstated on appeal, though
several causes of action were thrown out. When the defendant corporations appealed
to the California Supreme Court, they were denied. With the state appeals court
ruling in force, the lawsuit is awaiting a trial date.
New York City
Places Hundreds of Homeless Families in Lead-Tainted Apartments in Effort to
Save Taxpayer Dollars
In January, it was revealed that the New York City Department
of Homeless Services placed hundreds of homeless families in apartments contaminated
with toxic lead dust and deteriorated lead-based paint, triggering protests
at City Hall by lead poisoning prevention and homeless advocates. The placements
were made through the Bloomberg administration’s Housing Stability Plus
program, which moves families out of shelters and into more stable housing.
As a result of the placements, families report that some
of their children were poisoned by lead. The poisonings occurred because the
Department of Homeless Services only performed a cursory inspection of each
housing unit before placing a family; the department’s inspectors did
not test the apartments for lead.
Throughout the course of the Housing Stability Plus program,
700 buildings in which families were placed have been cited for lead paint violations
by the city; another 200 hundred buildings were “presumed” to contain
lead-based paint, though it was unclear if that paint was deteriorated and posing
a hazard to children.
When asked why the Department of Homeless Services never
tested apartments for lead, Assistant Commissioner in charge of placement Rick
Chandler said, "It does serve our agency well to move people out as quickly
as possible because shelters are extremely expensive for taxpayers in the city."
Chandler then passed responsibility for ensuring that apartments in the placement
program are lead-safe to the city’s Department of Housing Preservation
and Development.
Patrick Markee, senior policy analyst with the New York
City Coalition for the Homeless, responded “City agencies should be protecting
children from exposure to lead poisoning, not dumping homeless children and
families into hazardous apartments subsidized with taxpayer dollars.”
To learn more about how to protect families from lead-based
paint hazards, visit www.afhh.org/lead.
EPA Tells Industry
to Keep Carcinogenic Wood Preservative Out of Household Products
The EPA in early January told industry groups that it would
not allow the use of a known carcinogen to preserve wood used for decks, play
equipment, and other household items. The preservative, acid copper chromate
(ACC), is highly toxic and was made infamous in the movie Erin Brockovich.
ACC contains hexavalent chromium, a known cancer-causing
chemical. The EPA weighed the industry’s request and determined that the
dangers posed by ACC far outweigh the product’s “minimal benefits.”
EPA also noted that even if the chemical wasn’t associated with a high
cancer risk, the pain from skin irritation caused by contact with wood treated
with ACC would be enough to ban its use in household products.
The industry application comes four years after EPA banned
chromated copper arsenate (CCA) as a wood preservative. CCA was notorious for
containing arsenic, a heavy metal that can cause bladder cancer, skin disorders,
and other diseases. CCA was shown to leach from playground equipment, decks,
fences, and other wood products preserved with the substance, posing a hazard
to children who engage in normal hand-to-mouth behavior.
Radon Action
Month Continues Through End of January
EPA has designated January as National Radon Action Month—a
time when individuals, states, and other organizations join with EPA in stepping
up activities and events to increase awareness about radon, promote testing
and mitigation, and advance the use of radon-resistant new construction.
Exposure to radon gas causes more than 20,000 deaths annually
in the U.S. and it is the number one cause of lung cancer among non-smokers.
The challenge is that radon is a colorless, odorless, tasteless gas, so it’s
easy to forget that it may be a problem in any home, school, or building in
the country. Individuals, groups, and organizations concerned about healthy
people, homes, and communities are the driving force in getting the message
out to the public about the dangers of indoor radon; National Radon Action Month
provides a framework for this essential communication.
Consumer
Product Safety Commission Announces It Will Ban Lead in Toy Jewelry
On December 11, 2006, the Consumer Product Safety Commission
(CSPC) announced that it would begin a regulatory process to ban lead in toy
jewelry. This decision was in response to a petition filed by the Sierra Club
last summer. The Advance Notice of Proposed Rulemaking can be found in the January
9, 2007, Federal Register. Go to www.gpoaccess.gov/fr/index.html,
and search the 2007 issues using the key word “jewelry.” More information
about the history of the Sierra Club campaign can be found at www.sierraclub.org/environmentallaw/lawsuits/viewCase.asp?id=322.
The public will have until March 12, 2007, to provide comments
to CPSC. Comments can be submitted electronically to the agency at cpsc-os@cpsc.gov.
FDA Tightens
Requirements for Lead in Candy
In November, the U.S. Food and Drug Administration (FDA)
issued revised guidance for manufacturers on lead content of candy likely to
be consumed by children. FDA has lowered the maximum allowable lead content
from 0.5ppm to 0.1ppm and has stated it is prepared to take enforcement action
against any candy product containing lead at levels that may pose a health risk
(i.e., above 0.1ppm).
FDA also reiterated that its policy toward the use of lead-based
ink on candy wrappers remains as stated in its 1995 letter to the industry:
they continue to strongly urge all candy manufacturers, including those whose
products are offered for import into the United States, to refrain from using
lead-based printing inks on their packaging materials.
EPA Seeks
to Eliminate Air Pollution Standard for Lead
In December 2006, the U.S. Environmental Protection Agency
issued a paper indicating that it was exploring the possibility of dropping
the lead in air pollution standard it currently implements under the Clean Air
Act. EPA claims that revoking the standard is justified "given the significantly
changed circumstances since lead was listed in 1976."
Advocates and congressional critics, including Rep. Henry
Waxman, (D-CA), immediately criticized the Agency’s move, arguing that
lead is still a serious threat to children and adults, and that even small amounts
of lead can cause learning disabilities, behavioral problems, high blood pressure,
and cardiovascular problems in humans. Waxman called the deregulatory effort
indefensible, and public health experts agreed.
Though deteriorated lead-based paint is currently the largest
single source of lead exposure in the United States, any source of lead exposure
is important to control. This includes lead in air, lead in water, and lead
in soil. Very small amounts of lead from a variety of sources, including the
air, can accumulate in the bones, increasing the potential body burden for those
exposed.
To send a message, before the February 5th comment deadline,
urging EPA to strengthen, not eliminate or weaken, the standard for air lead
levels, visit Natural Resources Defense Council’s Earth Action Center
at www.nrdc.org/action,
or use the contact information below to send your own message to the EPA Administrator:
Administrator Stephen Johnson
Environmental Protection Agency
1200 Pennsylvania Ave., NW - Mailcode 6102T
Washington, DC 20460-0001
Fax: 202-566-1741 a-and-r-docket@epa.gov
Persistent
Organic Pollutants Linked to Type II Diabetes
Using data from the National Health and Examination Survey
(NHANES), a group of researchers has found a possible link between exposure
to persistent organic pollutants (POPs) and the development of Type II diabetes,
a health problem that is growing rapidly in the United States. The researchers’
study was published a July 2006 edition of Diabetes Care.
For years, health experts have blamed diet and a sedentary
lifestyle for growing rates of Type II diabetes. While the researchers who released
the POP study do not dispute that diet and lifestyle are factors, they also
say that many organochlorines can interfere with important hormone production,
including insulin, which regulates a human’s blood sugar levels.
The POPs studied by the researchers include two pesticides
and DDE, a metabolite of DDT commonly found in house dust, even though the chemical
has been banned for decades. People exposed to the highest levels of POP chemicals,
including DDE, were up to 38 times more likely to have Type II diabetes than
those in the lowest exposure groups within the study.
Researchers cautioned that epidemiological studies like
this one cannot definitively prove causation, but the scientists said that they
believe the link is very strong. They also note that simultaneous exposure to
all the POPs in the study, along with other POPs not measured, may combine to
be a causative factor for Type II diabetes. This “chemical soup”
effect is how most people are actually exposed to chemicals in their indoor
and outdoor environments.
In January, Environmental Health Perspectives
(EHP) published a Focus section that illustrates that lead is neither
a problem of the past nor an issue confined to children. In fact, the effects
of lead weigh heavily on all age groups in the United States.
Though average blood lead levels in the United States have
fallen dramatically since the 1970s, pockets of high-level exposures still exist,
especially in areas with large swaths of older, substandard housing with deteriorated
lead-based paint, and in industries that regularly work with lead. Also of concern
are the long-term effects of chronic, low-level lead exposure.
A number of recent studies have shown that chronic low-level
lead exposure can cause damage to the brain, kidneys, and heart. Low-level lead
exposure has also been linked to an increased risk for peripheral artery disease,
a condition that, like coronary artery disease, can increase the risk of heart
attack and stroke in adults.
All of this evidence has led many scientists and medical
researchers to the same conclusion: there is no such thing as a safe level of
lead exposure, for children or adults.
Healthy
People 2010 Midcourse Review Now Available
A midcourse review of the federal government’s Healthy
People 2010 initiative was released in 2006 and is now available online.
Founded on data that enable progress and trends to be tracked,
Healthy People 2010 provides a set of 10-year evidence-based objectives
for improving the health of all Americans. Its two overarching goals are to
increase the quality and years of healthy life and to eliminate health disparities.
Healthy People 2010 covers 28 focus areas with 467 specific objectives.
Midway through the decade, the U.S. Department of Health
and Human Services (DHHS) conducted a midcourse review to assess the status
of the national objectives. Through the Midcourse Review, DHHS, other federal
agencies, and other experts assessed the data trends during the first half of
the decade, considered new science and available data, and if appropriate, revised
the objectives to ensure that Healthy People 2010 remains current,
accurate, and relevant to public health priorities.
In the Environmental Health focus area of the review, there
are 6 topical sections. Healthy homes and healthy communities comprise the fourth
section. The focus of this section is to provide a healthy environment within
the nation’s communities and places where people spend the most time:
their homes, schools, and workplaces.
The 7th National Conference on Science, Policy, and the
Environment: Integrating Environmental and Human Health will be held February
1-2, 2007, in Washington, DC. The conference will explore the linkages between
environment and human health and will address the many essential roles the environment
plays on our well being today, as well as the multi-dimensional relationships
between human health and environmental components, which may have far-reaching
consequences. For more information, see www.ncseonline.org/2007conference/cms.cfm?id=1238.
The Great Lakes Region Asthma Forum will take place on
February 8-9, 2007, in Chicago. This regional effort builds on the launch of
the Communities in Action for Asthma-Friendly Environments (www.asthmacommunitynetwork.org/keydrivers.aspx).
Through interactive sessions with model programs from the Great Lakes region,
Asthma Forum participants will learn how to implement proven successful strategies
in their community-based programs. EPA will also recognize Model and Emerging
Asthma Programs. Representatives of health care plans and providers, government
health and environmental agencies, advocacy and other nonprofit organizations,
schools, employers, universities, and others affiliated with community asthma
programs are invited to the Forum. For registration information, contact Jennifer
Head at AsthmaChicago@techlawinc.com.
The registration form is available at www.epa.gov/region5/air/radon/asthmaforum/07glrasthmaforumregistrationform.pdf.
The 6th Annual New Partners for Smart Growth: Building
Safe, Healthy and Livable Communities Conference will be held in Los Angeles,
February 8-10, 2007. The conference hosts a variety of participants and speakers
who cross disciplines to share experiences and insights, and valuable tools
and strategies to encourage smart growth implementation. Public health is one
important discipline that has begun to recognize smart growth as a viable solution
to improve our nation’s health. To view more information on this conference,
visit www.newpartners.org.
The International Conference on Developmental Toxicity
and Fetal Programming will take place May 20-24, 2007, in Tórshavn, Faroe
Islands (located in the North Atlantic). This international conference emphasizes
a) the developmental perspective, i.e., the risks during different developmental
stages, from preconception to adolescence, from toxic substances; b) the environmental
perspective, i.e., the impacts of different environmental hazards; and c) the
disease perspective, i.e., long-term health implications. For further information,
please visit www.pptox.dk.
The Western Regional Conference on Eliminating Childhood
Lead Poisoning, Implementing Healthy Homes Programs, and Combating Indoor Environmental
Hazards will take place March 5-7, 2007, in Long Beach, CA. This is an educational
and networking conference for public officials, lead industry practitioners,
environmental consultants and contractors, facility operators, health educators,
and community advocates from the western United States and is tailored to the
policies, regulations, and programs that are specific to these states. More
information is available at www.leadmoldconferences.com.
The annual Indoor Environmental Health and Technologies
Conference and the National Conference of Lead and Healthy Homes Grantees will
take place April 24-27, 2007, in Orlando, FL. Partial registration scholarships
are available for attendees from nonprofit organizations, local government agencies,
and small businesses. For information on scholarships, poster opportunities,
and displaying educational materials, please call or e-mail Steve Weil, Conference
Director, at 301-924-0804, list@leadmoldconferences.com.
Program, hotel, and registration details are at www.leadmoldconferences.com.
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