Duty to Protect: Enhancing the Federal Framework to Prevent Childhood Lead Poisoning and Exposure to Environmental Harm

55 Pages Posted: 26 Jun 2019

See all articles by Emily A. Benfer

Emily A. Benfer

George Washington University - Law School

Emily Coffey

Sargent Shriver National Center on Poverty Law

Allyson E. Gold

Wake Forest University - School of Law

Mona Hanna

Michigan State University

Bruce P. Lanphear

University of British Columbia (UBC) - BC Children's Hospital and Child & Family Research Institute; Simon Fraser University (SFU) - Faculty of Health Sciences

Helen Y. Li

Connecticut Legal Services

Ruth Ann Norton

Green & Healthy Homes Initiative

David Rosner

Columbia University - Mailman School of Public Health

Kate Walz

Sargent Shriver National Center on Poverty Law

Date Written: June 21, 2019

Abstract

Scientific evidence indisputably demonstrates that lead poisoning causes permanent neurological damage and numerous co-morbidities for children and adults. Exposure to lead hazards irreversibly harms individuals and, left unchecked, can devastate communities into the future. In recognition of these threats, the President’s Task Force on Environmental Health Risks and Safety Risks to Children (Task Force) was established by Executive Order in 1997. The original Task Force created the first coordinated federal response to eliminate childhood lead poisoning in the United States and set an ambitious ten-year timeline to achieve its goals of prevention, treatment, research, and progress management. However, the most recent Task Force retreated from these bold goals. Rather than eliminating lead poisoning, in 2018 the Task Force sought merely to reduce it. This Article provides a comprehensive overview of the dangers of lead exposure, details the federal government’s evolving response to lead poisoning, and, for the first time, disseminates previously unpublished comments on “Drafting a New Federal Strategy to Reduce Childhood Lead Exposures and Impacts,” submitted to the Task Force in 2017, ahead of its most recent report. By providing these comments publicly, this Article creates a record of critical recommendations to the Task Force, provides best practices for the federal government's response to lead poisoning, and encourages federal policymakers to take the necessary steps to meet the original goal of eradicating lead hazards and protecting children from lead poisoning.

Keywords: lead poisoning, social determinants of health, federal government, public health, housing,

JEL Classification: health education and welfare

Suggested Citation

Benfer, Emily and Coffey, Emily and Gold, Allyson and Hanna, Mona and Lanphear, Bruce P. and Li, Helen and Norton, Ruth Ann and Rosner, David and Walz, Kate, Duty to Protect: Enhancing the Federal Framework to Prevent Childhood Lead Poisoning and Exposure to Environmental Harm (June 21, 2019). Yale Journal of Health Policy, Law, and Ethics, Vol. 18, No. 2, 2019, Available at SSRN: https://ssrn.com/abstract=3408133

Emily Benfer (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States

Emily Coffey

Sargent Shriver National Center on Poverty Law ( email )

Chicago, IL
United States

Allyson Gold

Wake Forest University - School of Law ( email )

P.O. Box 7206
Winston-Salem, NC 27109
United States

Mona Hanna

Michigan State University ( email )

Agriculture Hall
East Lansing, MI 48824-1122
United States

Bruce P. Lanphear

University of British Columbia (UBC) - BC Children's Hospital and Child & Family Research Institute ( email )

University of British Columbia
Vancouver, British Columbia
Canada

Simon Fraser University (SFU) - Faculty of Health Sciences ( email )

8888 University Drive
Burnaby, British Columbia V5A 1S6
Canada

Helen Li

Connecticut Legal Services ( email )

62 Washington St
4th Floor
Middletown, CT 06457
United States

Ruth Ann Norton

Green & Healthy Homes Initiative ( email )

United States

David Rosner

Columbia University - Mailman School of Public Health ( email )

600 West 168th St., 6th Floor
New York, NY 10032
United States
212-305-1727 (Phone)
212-342-1986 (Fax)

Kate Walz

Sargent Shriver National Center on Poverty Law ( email )

Chicago, IL
United States

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