The Lack of Mold Legislation: A Recipe for Disaster

Abstract

This article discusses the lack of federal mold legislation and the growing need for a federal air quality standard, especially in the wake of Hurricane Katrina. With the significant health risks caused by Katrina, will a few housing requirements, minimal occupational protections, and air pollution legislation that, unlike the air pollutants themselves, refuses to enter the home environment be enough to cure the toxic mold problem? With the onset of adverse health effects, it is likely that those injured will file lawsuits seeking damages for personal injuries incurred as a result of exposure to mold. The immense flooding and corresponding property damage caused by Hurricane Katrina has set the stage for the next decade of lawsuits related to toxic mold claims. Its task force was created to assess the adverse environmental impact caused by toxic mold; measure the detrimental health affects caused by mold exposure amongst the general population; examine the actions and legislation promulgated by other states and organizations; assess the limits to mold exposure in an indoor environment; and determine the cost-efficient and environmentally sound measures to control mold contamination and growth. Of primary concern is the provision requiring the establishment of minimum levels of exposure to mold, as well as the uncertainty inherent in these minimum levels. The Molding of Mold Litigation With scientific advancement and extensive research having already proved a causal connection between mold and some illnesses, mold-related personal injury claims will likely flood the courts as Katrina's floodwaters recede.

Keywords: mold litigation, mold legislation, mold damage, mold health affects

JEL Classification: I18, K23, K32