For the Second Time in Four Years, the Ninth Circuit Has Ordered the EPA to Set New Lead Paint and Dust Standards

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The U.S. Ninth Circuit Court of Appeals this month ordered the Environmental Protection Agency to go back and reconsider its lead hazard standards for homes—again.
On May 14, in A Community Voice et al. v. U.S. Environmental Protection Agency, the appeals court ruled that the EPA violated the court’s 2017 mandate to reevaluate hazard standards for lead in dust and paint that persist in millions of American homes, posing health risks, particularly to young children. For separate reasons, the court also ordered the agency to update its definition of lead-contaminated soil.
The EPA was found in violation for not strengthening its health standards for lead safety and instead considering such outside factors as feasibility and testing capabilities. In its ruling, the majority of appeals court judges also rebuked the agency for its glacial pace in setting standards over the last three decades.
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