Attorney General's News Release

August 13, 2004

Nixon sues EPA to compel review of air quality standards for lead; says agency is failing to protect public health

St. Louis, Mo. — Missouri Attorney General Jay Nixon today filed suit in federal district court in St. Louis to compel the federal government to comply with the Clean Air Act by reviewing the air quality standards for lead.

The Clean Air Act specifies that the U.S. Environmental Protection Agency must review the national ambient air quality standards every five years. The same air quality standard for lead that was in effect in 1978 is still in effect 26 years later, and the government has not conducted a review since December 1990. Despite a June 9, 2004, letter from Nixon notifying the government of its lapse, the EPA has taken no action to remedy this violation of the law.

"Congress enacted the Clean Air Act to protect public health," Nixon says. "Although the adverse effects of lead on human health are well-known, the EPA has been derelict in its duty to review the air quality standard for lead and protect Missouri families."

According to EPA, lead is a "very toxic" element that affects reproductive success and causes developmental problems in childen at very low levels. The EPA says that even the developing fetus is at risk from lead exposure to the mother. Every year, the scientific community finds that progressively lower levels of lead in the blood adversely impact the health of children.

In the lawsuit, Nixon asks the court to order EPA Administrator Michael O. Leavitt to review the air quality standard for lead, as mandated by Congress.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818