A state
appellate court has upheld a trial court decision that found paint companies
created a public nuisance by promoting lead paint use in residential homes,
although it reduced the $1.15 billion award, and limited the relevant time period to pre-1951. See People v.
ConAgra Grocery Products Company,
Opinion, H040880 (6th Cal. App filed Nov. 14, 2017).
The Counties of
Alameda, Los Angeles, Monterey, San Francisco, San Mateo, Santa Clara, Solano
and Ventura Counties, and the cities of Oakland and San Diego sued
ConAgra Grocery Products Company, NL Industries, Inc. and the Sherwin-Williams
Company seeking cleanup of lead-contaminated from paint in homes.
In 2013, a Santa
Clara County Superior Court ruled that the paint companies created a public nuisance
by promoting lead paint use despite being aware of serious health
threats. The court ordered the companies to pay $1.15 billion into a lead paint
abatement fund to rehabilitate homes built prior to 1980. Paint manufacturers
have successfully fought off similar suits filed in other states by local
governments seeking to hold them accountable for lead paint contamination. The
appellate court however, based on a lack of evidence, was limited abatement to
pre-1951 paint applications as there was no evidence promotion continued after
that time.
We would note
that there is also a federal law, that is being enforced in California that
regulates in a manner similar to asbestos, the way that the construction and
remodeling projects have to manage lead paint covered surfaces in houses..
EPA's
Lead Renovation, Repair and Painting Rule (RRP Rule) requires that firms
performing renovation, repair, and painting projects that disturb lead-based
paint in homes, child care facilities and pre-schools built before 1978 have
their firm certified by EPA (or an EPA authorized state), use certified
renovators who are trained by EPA-approved training providers and follow
lead-safe work practices.
See https://www.epa.gov/lead/renovation-repair-and-painting-program
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