Hazard standards for the lead found in dust from lead paint and crucial definitions on what constitutes lead-based paint in the first place are outdated and need revisiting.
(CN) The U.S. Environmental Protection Agency’s current standards regarding the dangers of exposure to deteriorating lead paint are flimsy to stand and require some serious reworking, the Ninth Circuit ruled Friday.
The ruling follows a lengthy legal battle between the EPA and a number of environmental advocacy groups over the current hazard standards linked to lead exposure from paint. For decades, lead paint was used in homes, schools and other public works across the country. Lead-based paint was ultimately banned in the 1970s when it became clear how toxic the paint chips and peelings are for children, though millions of older structures containing lead paint still stand today.
ADVERTISEMENT
9th Circ. Says EPA Must Revisit Lead-Related Standards
Law360 (May 14, 2021, 7:20 PM EDT) A divided Ninth Circuit said Friday the U.S. Environmental Protection Agency improperly set a lead dust hazard standard that would still harm human health and castigated the federal government for its lengthy, not very hopeful, saga of combating lead paint s dangers.
The majority sided with environmental advocates and told the EPA to try again to craft an appropriate standard. The court blamed the EPA for inaction and ignoring Congress mandate that the standard must reflect only the health risks from lead even though it is currently understood that no amount of lead in the blood is safe.
ADVERTISEMENT
ADVERTISEMENT
Toyo Tire Can t Appeal Summary Judgment Ruling Before Trial
Law360 (May 10, 2021, 7:50 PM EDT) An Illinois federal judge declined Monday to grant partial final judgment on Toyo Tire s claims that a rival infringed its trade dress, saying there s too much overlap in counterclaims set for trial in September to allow Toyo to immediately appeal its rival s summary judgment win.
In February, U.S. District Judge Mary M. Rowland granted Atturo Tire Corp. a summary judgment win in a trade dress lawsuit leveled by the Japanese tire giant in 2014, and rejected a summary judgment bid from Toyo Tire on counterclaims that Atturo Tire had lodged in the case.
pray@altoonamirror.com
A former inmate of the State Correctional Institution at Smithfield in Huntingdon County has failed to convince the Pennsylvania Superior Court that he found newly-discovered, exculpatory evidence in his case, which involved the aggravated assault of corrections officers during a 2013 melee at the prison.
Huntingdon County Common Pleas Court Judge George N. Zanic sentenced Ronald Terell Stockton, now 33, to an additional 27 to 100 months behind bars after the inmate was found guilty of aggravated assault of the officers.
Stockton was originally sentenced to a prison term of 10 to 20 years for robberies that occurred in Philadelphia County.
His Huntingdon County sentence is to be served consecutive to the Philadelphia County sentence.