Month: March 2021

Lead Paint Found On Nearly 600 Girls Bicycles, Seized at the Border

DCW50 by Abigail Hillerich

Baltimore, MD – U.S. Customs and Border Protection (CBP) and the U.S. Consumer Product Safety Commission (CPSC) recently seized 598 girl’s bicycles in Baltimore that were coated in “excessive levels of harmful lead paint,” according to CBP. The Dripe-X bikes were shipped from China and on their way to San Bernardino, Calif., valued at $84,000. When the bikes arrived at the border, CPSC took samples, testing them for potential lead content. After the tests were returned, indicating the bikes had high levels of lead content in the paint, they were seized. Click here for the full text.

EPA Releases Final Risk Evaluations for Asbestos, Part 1: Chrysotile Asbestos

EPA Washington, DC

The U.S. Environmental Protection Agency (EPA) released the final risk evaluation for asbestos, part 1: chrysotile asbestos. Under the Toxic Substances Control Act (TSCA), EPA is required to evaluate the risks associated with exposure to existing chemicals in commerce using the best available science, and then take action to address any unreasonable risk identified. This announcement completes the first part of the final risk evaluation for asbestos. Part 1 of the risk evaluation for asbestos is specific to chrysotile asbestos.

EIA Managing Director Brent Kynoch comments “In releasing it’s final risk evaluation for asbestos: Part 1 Chrysotile, the EPA has finally acknowledged what we have all known for decades – Asbestos presents an unreasonable risk to any and all persons that are exposed. EPA still has work to do to address the risk posed by asbestos that currently exists in buildings, homes and facilities throughout the country, but this first determination is significant. We applaud EPA’s efforts, but we will continue to push for a thorough evaluation of “legacy” asbestos, including the other 5 forms of asbestos in addition to Chrysotile, which is the only subject of this Part 1 Risk Evaluation.”

Click here for the full EPA press release and documents. 

Manufacturer Can Be Held Strictly Liable for Products Made and Sold by Others, NJ Supreme Court Say

NJ Law Journal by Mitchell W. Taraschi and Alexander J. Gacos

New Jersey – The New Jersey Supreme Court ruled this year that “manufacturers and distributors can be found strictly liable for failure to warn of the dangers of their products, including their asbestos-containing components and a third party’s replacement components.” Although the case focused on asbestos-related products, the impact on products liability for manufacturers and distributors may ultimately be much more far-reaching. Click here for the full text.

Home Depot to Pay $20,750,000 Penalty for Nationwide Failure to Follow Rules for Conducting Renovations Involving Lead Paint

EPA National

EPA and the Department of Justice announced a proposed nationwide settlement with Home Depot resolving alleged violations of the EPA’s Lead Renovation, Repair and Painting (RRP) Rule at home renovations performed by Home Depot’s contractors across the country. The States of Utah, Massachusetts, and Rhode Island, which have EPA-authorized RRP programs, are joining the United States in this action. The settlement requires Home Depot to implement a comprehensive, corporate-wide program to ensure that the firms and contractors it hires to perform work are certified and trained to use lead-safe work practices to avoid spreading lead dust and paint chips during home renovation activities. Home Depot will also pay a $20.75 million penalty, the highest civil penalty obtained to date for a settlement under the Toxic Substances Control Act. Click here for the full text.

Biden Picks Top North Carolina Environmental Official to Run EPA

Washington Post   by Brady Dennis, Steven Mufson, and Juliet Eilpern

National – President-elect Joe Biden will nominate Michael S. Regan, who heads the North Carolina Department of Environmental Quality, as the next Environmental Protection Agency administrator, according to two people who spoke on the condition of anonymity because the decision has not yet been formally announced. He would play a central role in realizing Biden’s promises to combat climate change, embrace green energy and address environmental racism. He also would be responsible for crafting fuel-efficiency standards for the nation’s cars and trucks, overseeing emissions from power plants and oil and gas facilities, and cleaning up the country’s most polluted sites. Click here for the full text.

Libby Asbestos Case Goes to the Supreme Court

Missoulian by Rob Chaney

Libby, MT – In a textbook example of the importance of fine print, the state of Montana and its former insurance company have asked the state Supreme Court to decide who’s liable for almost $100 million in damages due to Libby asbestos victims. The state won a district court lawsuit in 2018 when the judge ruled National Indemnity Co. was responsible for the full settlement, even though it only had the state as a client from July 1, 1973, to July 1, 1975. The settlement involved claims from Libby residents who weren’t warned about the health dangers of asbestos exposure from W.R. Grace and Co.’s vermiculite mine between the 1950s and 1980s. When the district court ruled, the settlement amount was estimated to be $43 million to more than 200 victims. Click here for the full text.