Drinking Water and Lead Contamination

Lead in drinking water gained national attention as a result of the state of emergency declared in Flint, Michigan last year. But it is not just Flint. Lead in drinking water has emerged as a concern in city after city. A December 2016 study has identified almost 3,000 areas across the country where blood tests for lead were at levels at least double those reported in Flint, including pockets of Baltimore, Cleveland, and Philadelphia. Colorless, odorless, tasteless, and with a tendency to bioaccumulate, lead can only be detected by testing. It poses a particular health concern for children, causing developmental delays and other ill effects. At the national level, public water systems are regulated for contaminants, including lead, under the Safe Drinking Water Act (SDWA). The EPA sets national standards for contaminants, and regulates lead under the EPA Lead and Copper Rule. Almost eighteen million people live in communities with reported violations of the rule, according to a study of 2015 data collected by EPA.

States have a direct hand in oversight of the federal programs under state drinking water programs, and can adopt standards that are more stringent than the federal standards. Legal challenges have included criminal charges, allegations of delayed reporting and slow response to lead findings by state and federal officials, and lead-poisoning lawsuits, not only in Flint but in Chicago, New Jersey, and other venues. Join Kathy Robb, a partner in the New York firm Sive, Paget & Riesel, for a discussion of legal issues and developments surrounding lead in drinking water.

Learning Objectives: 

1. Understand how lead in drinking water arises, why it is a concern, and where the key issues have emerged in the U.S.
2. Know the scope of U.S. regulations of lead in drinking water
3. Identify key court cases addressing claims surrounding lead in drinking water
4. Explore how the federal and state governments are addressing the issue, through infrastructure and existing law