Network Joins Amicus Brief Urging Ninth Circuit Review of the EPA Lead Rule

The Network joined an amicus brief filed on January 16, 2020, in the case In re A Community Voice v. U.S. Envtl. Prot. Agency, supporting several environmental nonprofit organizations’ petition for judicial review of the EPA’s final rule, “Review of the Dust-Lead Hazard Standards and the Definition of Lead-Based Paint,” published at 84 Fed. Reg. 32,632 (July 9, 2019) (to be codified at 40 C.F.R. pt. 745). The case is currently pending in the United States Court of Appeals for the Ninth Circuit. In a brief authored by Emily Benfer, director of the Health Justice Advocacy Clinic at Columbia Law School, and student legal interns Katherine Donohue and Michelle Lappen, amici argue that the EPA’s new rules fail to align with current scientific understanding of the effects of lead on human health even at low levels of exposure and are far too lenient to adequately protect health. The brief contends that the dust-lead and soil-lead hazard definitions and the dust lead clearance standards should be lowered to reflect current scientific knowledge and technological feasibility. In addition, the definition of lead-based paint should be revised to align with the Consumer Product Safety Commission’s current standard. The Network is joined by fellow amici the American Academy of Pediatrics (AAP), the American Public Health Association (APHA), the National Association of County and City Health Officials (NACCHO), and Dr. Bruce Lanphear in filing this brief.