Court Orders Paint Companies to Pay Abatement for Lead Paint

Court Orders Paint Companies to Pay Abatement for Lead Paint in California Homes

Jan 16,2018

Lead paint is a health threat in many of California’s older homes. It is particularly dangerous for children, who can suffer from developmental delays and other lifetime health issues from lead poisoning.

A recent ruling by the California Court of Appeal court holds paint manufacturers responsible for the problem. The court upheld an order that ConAgra, NL Industries and Sherwin-Williams pay to abate the health hazards of lead paint.

In 2014, the companies were ordered to pay a combined $1.15 billion. The money would go toward an abatement program in 10 California counties and cities. The original lawsuit included homes built before 1978, the year that lead paint in homes was outlawed. However, the appellate ruling limits the abatement program to homes built before 1951. That was the year they say paint companies stopped actively advertising lead-based paint. The change will reduce the amount the companies will be required to pay, but it is unclear what the new amount will be.

Lead Paint Advertising was “Public Nuisance”

The appellate judges agreed with the plaintiffs’ argument that the companies’ marketing of lead paint created a public nuisance. Typically that reasoning is used in cases such as landlords operating drug dens. However, this case is an example of how the argument can be applied to environmental issues.

According to the 2014 ruling, the abatement program would include inspecting more than 3.5 million California homes and apartments. Any lead hazards discovered would be removed or abated. This would include painting over deteriorating surfaces and removing lead chips and dust.

“Lead paint in homes is a serious health issue in California. This ruling is a step in the right direction for creating safer living environments for families,” said Attorney Walter Clark, founder of Walter Clark Legal Group.

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