More On Lead Paint Cleanup Ordered In California

Last month, we gave brief highlights of a landmark lead paint liability case in California. Here is a more detailed analysis, prepared for the excellent legal blog SLAW.

The California Superior Court has held three of five paint companies liable for a lead paint cleanup on the ground of public nuisance. The court ordered them to clean up lead paint in California residences painted before 1978, at a total cost of $1.15 billion. The use of lead in interior residential paint was permitted until after 1978, i.e. the manufacture and sale of lead paint was legal when these homes were painted. See People v. Atlantic Richfield Company, et al. Superior Court of California, County of Santa Clara, Case No. 1-00-CV-788657.