Ohio Files Lawsuit
Against Former Pigment Manufacturers; Additional Developments in Other Cases
Ohio Attorney General Marc Dann (D) filed suit against
several former lead pigment manufacturers on April 2. Companies named in the
suit include Sherwin-Williams and DuPont.
Like the successful suit that the State of Rhode Island
won in February 2006, Ohio’s case against the former pigment manufacturers
is based on a public nuisance. Dann is seeking several types of relief in court,
including monetary damages, an order for the paint companies to remove all lead-based
paint from any building in the state accessible to children, and a public education
campaign designed to combat childhood lead poisoning. The state’s case
may be complicated by a dispute over whether Governor Ted Strickland (D) vetoed
a law limiting public nuisance claims within a required ten day window.
The National Paint and Coatings Association and the U.S.
Chamber Institute for Legal Reform, both pro-industry groups, were quick to
attack Dann and criticize the suit. Opponents like Chamber’s Institute
for Legal Reform argue that Dann is abusing Ohio’s public nuisance law
because he can’t make a case under product liability law; though every
state’s laws are slightly different, similar industry arguments have already
failed in Rhode Island, Wisconsin, and California.
Lead poisoning prevention advocates who support Ohio’s
case point the lead industry’s poor track record when it comes to helping
solve a problem they had a part in creating. They maintain that industry’s
continued refusal to voluntarily step up and offer significant resources for
lead abatement, lead hazard control, and other forms of lead poisoning prevention
had required states, counties, and cities to file suit as a last resort.
In other cases against former pigment manufacturers, developments
include the following:
The City St. Louis filed an appeal in April with the
Missouri Supreme Court, asking the court to reverse a 2006 appellate court
ruling that held that the City cannot pursue its public nuisance claims against
former lead paint companies. The Alliance for Healthy Homes filed a friend
of the court brief in support of St. Louis’ appeal.
In Rhode Island, the State recommended Mary Jean Brown
as the special master and the defendants objected. They said it appears "from
available information [Brown] has had for many years been involved in reviewing
(and to some extent shaping) the evidentiary facts regarding childhood lead
poisoning and lead abatement in Rhode Island," and thus has ties to the
plaintiffs. The judge heard arguments about this on June 4 but did not say
when he would rule. On May 16, plaintiff filed a proposed abatement schedule
indicating it would file a detailed plan by Sept. 15. Defendants have 60 days
to file objections to the plan. The plaintiff also proposes that defendants
pay all fees and costs incurred by the function of the special master.
The City of Milwaukee’s lawsuit went to trial
in late May, starting with opening remarks, in which the manufacturers blamed
the City for lead-based paint problems and childhood lead poisoning and erroneously
claimed that the lead industry had been “open” with consumers
about the dangers of lead-based paint. The City rested its case on June 6,
and the defendants are currently presenting their case.
North
Carolina Study Shows Significant Costs of Unhealthy Housing
A study by the North Carolina Housing Coalition, The Economic
Cost of Substandard Housing Conditions Among North Carolina's Children, estimates
that unhealthy housing's contribution to childhood illnesses, injuries, and
disabilities in the state cost $95 million annually.
The study found that neurological conditions like autism,
cerebral palsy, and mental retardation attributable to substandard housing have
the highest total cost—$48 million, followed by lead poisoning at $20
million. Asthma and acute bronchitis affect 134,000 North Carolina children.
According to the authors, the total cost of the contribution of substandard
housing to these conditions in the state is more than $9 million. Similarly,
burns and falls due to substandard housing in North Carolina are estimated to
cost $9 million, birth defects $7.5 million, and childhood cancer $700,000.
To address the human and economic toll that substandard
housing takes on North Carolina, the authors recommend increasing the production
of quality affordable housing, providing more resources for the rehabilitation
of existing affordable housing, and improving code enforcement. They suggest
funding the North Carolina Housing Trust Fund at $50 million a year to expand
affordable housing preservation and rehabilitation programs and supporting the
North Carolina Housing Finance Agency's Urgent Repair program, which provides
home repair grants to low income homeowners.
Alliance,
National Center for Healthy Housing Comment on Remodeling and Renovation Studies
The Alliance for Healthy Homes and the National Center
for Healthy Housing (NCHH) took the Environmental Protection Agency (EPA) to
task in comments submitted April 15 in response to two new remodeling and renovation
studies. EPA conducted one of the two studies, which were added to the proposed
lead-safe remodeling and renovation rule docket. The other was conducted by
the National Association of Homebuilders (NAHB).
The Alliance and NCHH stated in their comments that both
the EPA and NAHB studies reinforce the need for a strong, protective remodeling
and renovation rule. In light of this fact and known dangers of using practices
like uncontrolled sandblasting and high-heat paint removal, the groups urged
EPA to act quickly to issue a strong rule. The agency has not yet done so.
On April 26, the California Air Resources Board announced
the country’s strongest restrictions on the use of formaldehyde in wood
products, including countertops, cabinets, and shelving used in homes.
Formaldehyde is a potent irritant and a carcinogen, and
it often contaminates indoor air, particularly in homes that have had new wood
products installed and in newly constructed homes. The chemical is often used
in pressed wood that is commonly used for many types of residential products.
Estimates indicate that the new regulation will reduce
the amount of formaldehyde emitted from wood products by at least 60 percent.
The restrictions will be fully phased in by 2012.
Advocates, while pleased that the state is moving to restrict
the common indoor air pollutant, argue that the state isn’t moving fast
enough to limit residents’ exposure to formaldehyde. They argue that there
is no safe exposure level for the chemical and that the state should move to
fully implement the standards by 2010.
Baroody
Withdraws as Nominee to Head Consumer Product Safety Commission
On March 1, President Bush nominated industry insider Michael
Baroody to be chairman of the Consumer Product Safety Commission (CPSC), the
agency charged with protecting the public against injury and death from a wide
range of consumer products. One day before his May 23 confirmation hearing in
the U.S. Senate, Baroody withdrew as the CPSC nominee.
Before his nomination, Baroody served as the executive
vice president of the National Association of Manufacturers, an industry trade
group that often works against regulation of consumer products. His confirmation
was strongly opposed by a wide range of consumer advocacy and public interest
groups.
Bush has yet to name a new nominee to the commission post.
Iowa Passes
Blood Lead Test Law
On April 17, Iowa Governor Chet Culver (D) signed House
File 158, a bill that makes it a requirement for all of the state’s children
to receive a blood lead test prior to age six or before entering elementary
school.
HF 158 goes beyond federal requirements that all children
under the age of six who are eligible for Medicare be tested for lead. Such
screening is useful for tracking the prevalence of lead poisoning and, combined
with primary prevention measures that directly address lead hazards, is an important
part of a comprehensive lead poisoning prevention strategy.
Bronx
Child Wins Lead Poisoning Lawsuit against Rental Property Owner, Doctor
In late April, a Bronx, NY, girl who suffered from severe
lead poisoning as a young child won her case against a rental property owner
and her doctor. A jury awarded the girl $3.5 million.
Monika Bernardez was exposed to lead hazards in her apartment
for five years. The ongoing exposure caused blood lead level high enough to
cause Bernardez to suffer permanent brain damage. The rental property owner
was aware of the problem; Bernardez’s mother had repeatedly complained
about water leaks, which can damage lead-painted surfaces, and peeling paint.
The building had also been cited repeatedly for lead hazard violations.
Bernardez included her doctor in the suit because the doctor
misdiagnosed her lead poisoning.
HUD
and EPA Settle Lead Disclosure Cases in California, Washington State, Maryland
The U.S. Department of Housing and Urban Development (HUD)
and EPA settled three important cases in May against rental property owners
that failed to disclose the presence of lead hazards and lead-based paint to
their tenants. Failure to disclose such risks is a violation of federal law
for most residential rental properties built before 1978.
In Los Angeles, Linder & Associates was accused of
violating the disclosure law when it failed to notify tenants of potentially
dangerous levels of lead in their homes. Linder owns more than 500 residential
units in several cities in southern California, and under the settle agreement
will replace windows, render all units lead-safe, notify tenants of any future
lead hazards, and pay a $10,000 civil fine.
The Longwell Company, based in Seattle, also failed to
warn tenants of lead hazards, which may have exposed children to the toxic heavy
metal; children are the most vulnerable to the damaging effects of lead poisoning.
As part of the settlement, Longwell will undertake a $150,000 lead safety and
renovation project. The company will also pay a small civil fine of a little
over $2,000.
EPA also forged a unique disclosure settlement agreement
in Baltimore. Continental Realty Corp. owns over 4,000 residential units in
17 buildings, and like Linder and Longwell, failed to disclose hazardous lead-based
paint conditions to its tenants. In addition to a small civil fine of over $6,000,
Continental is now also required to perform an environmental audit on its properties
and report the results to EPA on a quarterly basis. Should further violations
of the disclosure law be found, Continental will pay additional fines to EPA.
Disclosure is one important tool in the fight to prevent
lead poisoning. To learn more about the federal disclosure rule and how cities,
states, and citizens can use the disclosure law to leverage property improvements
and increased lead safety, visit www.afhh.org/res/res_Operation_LEAP_toolkit.htm.
Lead-Tainted
Candy Still Being Sold in California
Despite a landmark settlement negotiated between the State
of California and major candy manufacturers last June, several candy brands
that contain high levels of lead are still being sold in the state, including
products made by Mars, Inc. Some companies involved say the candy must be old
product that retailers and distributors are still sending to store shelves.
Environmental and public health advocates have been fighting
for years to eliminate lead from candy sold in California and throughout the
United States. Upon learning that leaded candy was still for sale, the advocates
said that despite assurances that certain major candy companies and their Mexican
subsidiaries are no longer manufacturing or marketing candy that contains lead,
the continued appearance of the products on store shelves is tarnishing the
image of all candy companies, even those that have done the right thing and
eliminated lead from their products.
Recent
Studies Point to Large Health, Economic Impacts of Mold and Excessive Moisture
Two recent studies, one conducted by the U.S. Department
of Energy’s Lawrence Berkeley National Laboratory (Berkeley Lab) and the
other by the EPA, suggest that the public health and economic impacts of mold
and excessive moisture in homes is significant.
Mold and excessive moisture were already known to pose
respiratory health risks, especially to those with asthma and compromised immune
systems, as illustrated several years ago by the Institute of Medicine at the
National Academies of Science. The new studies, however, go further and quantify
the extent of the impacts of mold and excessive moisture.
The Berkeley Lab study indicates that mold and excessive
moisture increased the risk of “asthma-related health outcomes”
like asthma attacks by 30 to 50 percent. Researchers in that study cautioned
that their work did not show that mold and moisture cause asthma itself, but
that the conditions can cause asthma-related outcomes.
EPA estimated the number of asthma cases that can be attributed
to mold and excessive moisture. The agency said that 4.6 million asthma cases
are related to mold and excessive moisture, at a cost to the U.S. economy of
$3.5 billion every year.
Researchers at both Berkeley Lab and EPA said that the
results of the studies clearly indicate that a strong, comprehensive strategy
is needed to combat these all-too-common unhealthy housing conditions. Efforts
to combat mold and moisture in housing should include better moisture control
during the building's design; moisture control practices during construction;
and improved preventive maintenance of existing buildings that includes a comprehensive
moisture and water intrusion control program.
CDC
Releases Report on Low Income Housing Tax Credit and Lead Poisoning Prevention
The Centers for Disease Control and Prevention (CDC) released
a report April 15 that examines how the Low Income Housing Tax Credit (LIHTC)
program has dealt with childhood lead poisoning caused by lead hazards in older
housing that is being rehabilitated. Lead poisoning prevention expert Dr. David
Jacobs prepared the report for CDC.
Key findings of the report include:
Disparities exist in how the states administer the LIHTC
with regard to lead hazard controls.
The number of units that contain lead-based paint and
that have been rehabilitated under the LIHTC program without the safety of
lead hazard control requirements is estimated to be 193,000 housing units,
with another 14,000 being added every year.
74 percent of the housing units being rehabilitated
under the LIHTC program do not have lead paint requirements.
To address these and other issues, the report recommends
that CDC work closely with the Internal Revenue Service (IRS), HUD, the Department
of Agriculture (USDA, which operates rural housing programs), state governments,
developers, parents, and others to improve lead hazard control and lead poisoning
prevention policies in LIHTC properties. Overall, the report says, “It
should not be the policy of the U.S. government to subsidize housing units that
threaten the health of children.”
The results of such coordination would clearly be beneficial to thousands of
children and families throughout the United States, according to the report.
A clear and consistent policy would advance the LIHTC program, eliminate confusion
and inconsistent guidance and policy, incorporate public health principles,
and ensure that children living in houses rehabilitated under the program are
safe from lead hazards.
New
Report on Rebuilding a Healthy New Orleans Now Available
The Final Conference Report of the New Orleans Health Disparities
Initiative is now available. The report, Rebuilding a Healthy New Orleans,
grew out of a community-based conference in June 2006 on the need to address
minority health disparities in both the health care system and in the environment
after Hurricane Katrina. The conference was co-sponsored by the Alliance for
Healthy Homes, Poverty & Race Research Action Council, the Center for Social
Inclusion, the Health Policy Institute of the Joint Center for Political and
Economic Studies, and others.
Since last June, conference participants have continued
to develop the analysis from the conference, and the final report presents an
important framework for assessing environmental justice and health system rebuilding
in the New Orleans region.
The report includes chapters by AlMarie Ford, Bob Bullard,
Shelia Webb, Ben Springgate, and Judy Solomon, and is available at www.prrac.org/pdf/rebuild_healthy_nola.pdf.
National
Center for Healthy Housing Study Provides Effective Asthma Interventions
The National Center for Healthy Housing (NCHH) released
May 1 a study that tested steps families can take to reduce asthma symptoms.
The research team, which included the Phoenix Children's Hospital, the City
of Phoenix, and NCHH, spent 36 months with 67 Phoenix, AZ, families to help
them apply the steps in their homes. A vast majority—96 percent—reported
significant improvements in their children's health.
Rebecca Morley, NCHH Executive Director, said that asthma
is one of the leading causes of disease among children in the United States.
She then pointed out that there are practical measures
that families can take to protect their children.
The Phoenix study found that several interventions, including
the following, will reduce asthma symptoms:
Find out what allergies you have so you can avoid these
potential asthma triggers.
Consider removing carpet from the bedroom and replacing
with smooth and cleanable floors, such as linoleum or wood flooring.
Keep foods stored in tightly sealed containers to avoid
attracting cockroaches and rodents. Clear crumbs, drips, spills, and dirty
dishes immediately.
Identify and quickly fix water leaks in your home.
Quit smoking, and always keep tobacco smoke away from
children.
Vacuum often and, importantly, use HEPA (High Efficiency
Particle Air) filters to remove dust.
Use zippered "allergen resistant" mattress
and pillow covers to keep dust mites out of sleeping spaces.
Change bed sheets often and wash with hot water.
Dust in carpets, bedding, and in the heating and cooling
system, musty smell, and observed cockroach infestation were found in 52-69
percent of the homes at the start of the study. When the study ended and interventions
had been carried out consistently, 96 percent of parents reported that the health
of their children with asthma had improved.
In United States, over 20 million people, including 6.2
million children, suffer from asthma. Fourteen million days of school are missed
each year as a result of the disease, and asthma costs the U.S. economy at least
$16 billion every year.
Research
Suggests LeadCheck Swabs Are Unreliable in Checking Dust for Lead
A study published in April in the online version of Environmental
Research suggests that LeadCheck swabs are unreliable for checking household
dust for lead. The company that manufactures the swabs advertises the product
as being able to detect lead dust levels that exceed EPA’s 40µg/ft2
lead dust standard for floors.
The results of the research showed that LeadCheck swabs
produce a significant percentage of false negatives when compared to the results
of a standard dust wipe test. In fact, the swabs had a 64% false negative rate,
leading the researchers to conclude that the swabs were not reliable for checking
for the presence of lead under standard testing procedures.
The study’s authors called for future research to
see if other results interpretation methods can reduce the false negative error
rate, and to determine if LeadCheck swabs are indeed appropriate for use by
homeowners and others who want to conduct instant dust lead tests.
New Integrated
Pest Management Videos Available Online
In April, the New England Asthma Regional Council posted
three integrated pest management (IPM) videos on the Web. The videos cover an
overview of IPM for property managers and staff and tips for residents to effectively
stop pests in the home. The video for residents is also available in Spanish.
Each video is under 10 minutes long, and all the videos can be found at www.healthyhomestraining.org/ipm/ARC_BHA.htm.
Healthy Homes
Training Course Materials Available in Spanish
Materials for the Essentials for Healthy Homes Practitioners
course are now available in Spanish. All of the course modules have been translated,
as well as a number of the exercises. Visit www.healthyhomestraining.org/
and click on "Course Materials in Spanish" in the blue bar on the
left side of the page.
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