{"id":7656,"date":"2018-07-06T14:21:54","date_gmt":"2018-07-06T18:21:54","guid":{"rendered":"http:\/\/localhost:10028\/uncategorized\/nyc-officials-admit-they-ignored-lead-poisoning-issues\/"},"modified":"2022-08-18T21:16:16","modified_gmt":"2022-08-19T01:16:16","slug":"nyc-officials-admit-they-ignored-lead-poisoning-issues","status":"publish","type":"post","link":"https:\/\/napolilaw.lemonadestand.org\/en\/article\/nyc-officials-admit-they-ignored-lead-poisoning-issues\/","title":{"rendered":"NYC Officials Admit They Ignored Lead Poisoning Issues"},"content":{"rendered":"<p><span style=\"font-weight: 400;\">Although <\/span><a href=\"https:\/\/nypost.com\/2018\/07\/01\/officials-found-elevated-lead-levels-in-hundreds-of-children-but-didnt-follow-up\/?utm_campaign=iosapp&amp;utm_source=message_app\" target=\"_blank\" rel=\"noopener\"><span style=\"font-weight: 400;\">over 800 children<\/span><\/a><span style=\"font-weight: 400;\"> in City housing projects tested positive for potentially lethal lead levels, city officials did not follow-up on the results.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">In 2012, the Environmental Protection Agency lowered lead exposure standards from 10 micrograms to 5 micrograms. But officials with the city health department and New York City Housing Authority continued to use the old standard. So, the City government did nothing to help these families. Now that attention focused on the problem, \u201cThe Health Department has already begun to conduct these investigations for children in public housing and will begin implementing beyond that by the end of the year,\u201d according to a press release. Officials also bragged that they had reduced lead levels by 90 percent since 2005. But that simply means that the problem was much more widespread than originally believed.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">After victims filed a lawsuit in Manhattan federal court, Mayor Bill DeBlasio almost immediately ordered the NYCHA to spend an additional $2.2 billion to clean up the lead poisoning problem.<\/span><\/p>\n<p>&nbsp;<\/p>\n<h2>Lead Poisoning in New York<\/h2>\n<p><span style=\"font-weight: 400;\">This metal is cheap and plentiful, so building contactors used it as much as possible. Their lobbyists fought hard to keep lead pipes legal for as long as possible. Largely as a result of their efforts, <\/span><a href=\"https:\/\/www.epa.gov\/dwstandardsregulations\/use-lead-free-pipes-fittings-fixtures-solder-and-flux-drinking-water\" target=\"_blank\" rel=\"noopener\"><span style=\"font-weight: 400;\">Congress did not ban lead plumbing until 1986<\/span><\/a><span style=\"font-weight: 400;\">. That\u2019s almost a decade after lawmakers ordered lead to be removed from paint. Furthermore, the pipe ban came almost two decades after President Richard Nixon signed the Clean Air Act. That act lowered lead levels in the atmosphere by about 90 percent. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">So, it\u2019s not too surprising that NYC officials were slow to act on concerns of lead poisoning. Lawmakers have known for years that this heavy metal is harmful. Yet for some reason, plumbing supplies were immune from regulation years after other measures took effect. A few of these harms include:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><b>Lower IQ<\/b><span style=\"font-weight: 400;\">: Lead is chemically similar to calcium, so the body absorbs lead quickly, believing it is a nutrient. But lead is, in fact, a rather powerful neurotoxin which delays both nervous system and brain development. This double whammy practically ensures that children exposed to lead will do poorly in school and in life.<\/span><\/li>\n<li style=\"font-weight: 400;\"><b>Infertility<\/b><span style=\"font-weight: 400;\">: Lead affects both the gonads and the hormones. Lead also reduces sperm count. Perhaps most disturbingly, research indicates that exposure of <\/span><a href=\"https:\/\/www.ncbi.nlm.nih.gov\/pmc\/articles\/PMC4212138\/\" target=\"_blank\" rel=\"noopener\"><span style=\"font-weight: 400;\">less than 5 micrograms<\/span><\/a><span style=\"font-weight: 400;\"> may cause these lifelong and irreversible injuries.<\/span><\/li>\n<li style=\"font-weight: 400;\"><b>Encephalopathy<\/b><span style=\"font-weight: 400;\">: The same neurotoxin that lowers IQ also causes encephalopathy in many cases. Encephalopathy is an umbrella term for a variety of serious cognitive disorders. In addition to mental symptoms, such as memory loss, personality changes, and inability to solve even basic problems, many of these victims suffer from physical symptoms, like tremors and seizures.<\/span><\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">Based on dangers like these, and the scholarly research behind these conclusions, the federal government ordered American industries to reduce lead air emissions to 0.15 micrograms by January 2017. That\u2019s ten times lower than the limits set in the Clean Air Act.<\/span><\/p>\n<p>&nbsp;<\/p>\n<h2>What to Do About Lead Poisoning<\/h2>\n<p><span style=\"font-weight: 400;\">These problems are certainly not unique to a few apartment complexes in New York City. In fact, the government estimates that some <\/span><a href=\"https:\/\/www.cdc.gov\/nceh\/lead\/default.htm\" target=\"_blank\" rel=\"noopener\"><span style=\"font-weight: 400;\">four million households<\/span><\/a><span style=\"font-weight: 400;\"> have dangerously high lead levels in their water or air. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">The twenty-five year gap between the 1971 Clean Air Act and 1986 lead plumbing ban clearly shows that legislative action is, by no means, a quick solution. For remedies like these, victims must turn to the courts. It\u2019s no coincidence that Mayor DeBlasio only approved additional lead remediation funds after victims filed a federal lawsuit.<\/span><span style=\"font-weight: 400;\">Such lawsuits against governments are often effective. Rather than go through expensive litigation, City Halls around the country often take action. However, these kinds of suits are rather easy to defend, should the city choose that route. New York has a rather strong sovereign immunity law that is difficult to overcome.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">So, Napoli Law attorneys came up with a better idea. Hunter Shkolnik is Co-Liaison Counsel in the <\/span><a href=\"\/practice-areas\/environmental-litigation\/flint-michigan\/\"><span style=\"font-weight: 400;\">Flint Water Crisis Litigation<\/span><\/a><span style=\"font-weight: 400;\">. Since Michigan\u2019s sovereign immunity law is a lot like New York\u2019s, Hunter and his team took legal action against the engineering firms that designed and built Flint\u2019s water supply infrastructure. Private companies do not have the same kind of immunity. Furthermore, they cannot claim that they had no input over the types of materials used and other nuts-and-bolts kinds of things. Municipal governments have made these types of arguments in the past, and they will do so again.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Damages in <a class=\"wpil_keyword_link\" href=\"https:\/\/www.napolilaw.lemonadestand.org\/en\/practice-areas\/environmental-litigation\/\" title=\"environmental litigation\" data-wpil-keyword-link=\"linked\" data-wpil-monitor-id=\"66\">environmental litigation<\/a> cases usually include compensation for both economic losses, such as the educational and therapeutic supplements which lead-exposed kids need. This compensation also includes money for noneconomic damages, such as pain and suffering, emotional distress, and loss of enjoyment in life. Finally, many juries award substantial punitive damages in these kinds of cases. This additional money is available if there is clear and convincing evidence of excessively reckless conduct.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Lead pipes poison children in New York City and other places throughout the country. For a free consultation with an <\/span><a href=\"\/free-case-evaluation\/\"><span style=\"font-weight: 400;\">experienced personal injury attorney in New York<\/span><\/a><span style=\"font-weight: 400;\">, contact Napoli Shkolnik, . We handle environmental litigation cases on a nationwide basis.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Although over 800 children in City housing projects tested positive for potentially lethal lead levels, city officials did not follow-up on the results. In 2012, the Environmental Protection Agency lowered&#8230;<\/p>\n","protected":false},"author":3,"featured_media":7657,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"categories":[773],"tags":[882,883],"class_list":["post-7656","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-environmental-litigation","tag-lead-contamination-in-new-york","tag-child-lead-poisoning"],"acf":[],"page_builder_type":"gutenberg","gutenberg_data":[],"_links":{"self":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts\/7656","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/comments?post=7656"}],"version-history":[{"count":1,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts\/7656\/revisions"}],"predecessor-version":[{"id":18248,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts\/7656\/revisions\/18248"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/media\/7657"}],"wp:attachment":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/media?parent=7656"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/categories?post=7656"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/tags?post=7656"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}