Catastrophic Injury

New EPA Plan Proposes Elimination of Lead Dust

The Environmental Protection Agency (EPA) has proposed tougher standards on lead in paint for older homes and schools, potentially triggering its removal in millions of buildings around the country. According to a report in The Washington Post, the new rules would almost completely prohibit lead dust in older buildings. The only contamination allowed would be the lowest levels that current removal efforts cannot eliminate, agency officials said. EPA estimates that each years, those requirements would reduce lead exposure for 250,000 to 500,000 children under the age of 6.

What the New Rule Would Mean

These rules would apply to homes, schools, daycare centers and other facilities that are frequently visited by young children. The United States has banned the sale of lead-based paint since 1978, but federal rules are still allowed for some low-level exposure from paint applied prior to that year. The new proposal would update EPA standards to account for a new scientific consensus that lead harms children even at the most microscopic levels.

Under the proposal, inspections that finds any level of lead in a home or childcare facilities would require the location to be classified as a lead hazard. This means landlords (building owners) must disclose the presence of lead to renters and homebuyers. EPA’s head of chemical safety and pollution, Michal Freedhoff, said that there is simply no safe level of lead. Even low levels are detrimental to children’s health and this proposal, he said, would help eradicate lead-based paint hazards from homes and childcare facilities across the United States once and for all.

According to EPA’s estimates, about 31 million homes still have lead paint on their walls. Scraping and sanding may generate dust that can cause lead poisoning if ingested. A Government Accountability Office (GAO) report in 2019 estimated that more than 15 million students were enrolled in school districts that had lead paint in their buildings.

This proposal comes out of a 2019 lawsuit filed by a number of environmental groups including the Sierra Club, which filed the complaint alleging that lead limits set by the EPA has not fully protected people. The EPA’s proposal will go through a 60-day comment period. A further analysis may take several months after which the agency will issue a final rule, which is expected sometime next year.

Why Lead Exposure is Harmful for Children

Lead exposure can cause severe problems in young children. According to the U.S. Centers for Disease Control and Prevention (CDC), lead exposure may seriously harm a child’s health and cause adverse effects such as damage to the brain and nervous system, slowed growth and development, learning and behavior problems and hearing and speech problems.

This may lead to lower IQ, decreased ability to focus and pay attention, and underperformance in school for such victims. The health effects of exposure are more harmful to children under the age of 6 because their bodies are still developing and rapidly growing. Young children also tend to put their hands or other objects, which may be contaminated with lead dust, into their mouths. So, they are more likely to be exposed to lead compared with older children.

New York Lead Poisoning Lawyer

Whether you have been living as a tenant at a private apartment complex or in a public housing unit (the Projects), please remember that you have legal rights. If your child has been diagnosed with high blood lead levels, regardless of whether you live in public or private housing, you may be able to file a personal injury lawsuit against the NYCHA (the Projects) or private landlords (building owners and building managers) for damages. Those who have been affected can seek compensation for damages including medical expenses, cost of diagnostic tests, permanent injuries, lost income and benefits, disabilities, past and future pain and suffering, etc.

If your child has been affected by lead poisoning, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.

Our law firm recovered $1,162,500 for a child who suffered lead poisoning from paint in her apartment. The child’s injuries were subtle and difficult to recognize. We recovered $162,500 above the $1 million dollar total insurance policy in this case. Despite the judge’s efforts to settle the case for $950,000, we fought hard and recovered $162,500 more than the insurance policy of one million dollars. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.

Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury, lead poisoning and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.

Other TOLL FREE phone numbers for us are:

1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES

Please visit us at: www.WORK4YOULAW.com

Source: https://www.washingtonpost.com/climate-environment/2023/07/12/lead-paint-dust-epa/

Published by
Ken Wilhelm