LA Sen. David Vitter (R-Formaldehyde)

Andy Kroll
November 12, 2009

Excerpt

“So why is Vitter so sympathetic to the formaldehyde industry? Campaign finance records show that many of Louisiana’s big formaldehyde polluters happen to be—you guessed it—Vitter campaign donors. He’s received $9,000 from Dow Chemical’s PAC, $5,000 from Monsanto’s, $5,000 from ExxonMobil’s, and $2,500 from the American Forest and Paper Association’s. The American Forest and Paper Association is also a member of the Formaldehyde Council, an industry group whose views align with Vitter’s (it’s lobbied for an NAS review, too).”

“And though a Vitter spokesman’s recent comments that the FEMA-trailer debacle, which exposed thousands of displaced Gulf Coast victims living in government-issued trailers to high formaldehyde levels, demonstrated the need “to get absolutely reliable information to the public about formaldehyde risk as soon as possible,” Vitter’s position ensures the EPA won’t be rolling out formaldehyde guidelines anytime soon.”

Article

In May, President Obama nominated a renowned scientist known as the “father of green chemistry” to head the EPA’s Office of Research and Development. For an administration that supports ambitious climate change legislation and stresses the importance of sustainability, the nomination of Paul Anastas, director of Yale’s Center for Green Chemistry and Green Engineering and a former White House environment director, was very much in keeping with its broader agenda. Anastas’ nomination was unanimously approved in committee in July, and his confirmation seemed all but assured. Yet six months later Anastas still isn’t confirmed. Standing in his way is Sen. David Vitter (R-La.), whose block on Anastas’ nomination raises questions about Vitter’s close ties to the formaldehyde industry.

Today, the future of the formaldehyde industry is very much in jeopardy. A few years back, the International Agency for Research on Cancer definitively announced that the chemical, used in building materials and household products, causes cancer in humans. The EPA, which has studied formaldehyde’s risks for more than a decade, doesn’t go quite so far, saying it’s a “probable human carcinogen.” But that could soon change. The EPA has recently signaled that it plans to definitively assess formaldehyde’s health effects. “This is not the time for more delay,” an EPA spokeswoman told the New Orleans Times-Picayune in September. As the agency’s research director, Anastas would surely have a role in this assessment. Given that one of Anastas’ specialties is researching “the design of safer chemicals and chemical processes to replace hazardous substances,” the formaldehyde industry is predictably concerned about his nomination.

Here’s where Vitter comes in. Instead of the EPA ruling on formaldehyde now, Vitter wants the agency to let the National Academy of Sciences review formaldehyde’s risk, a process that could take a year or more and that might favor industry supporters, environmentalists say, because the NAS review would use industry-based reports. Likewise, blocking Anastas’ nomination is another way of slowing the EPA’s movement on formaldehyde. (An EPA official told Mother Jones that agency head Lisa Jackson met with Vitter to ask him to let the nomination go through, which didn’t happen.) And though a Vitter spokesman’s recent comments that the FEMA-trailer debacle, which exposed thousands of displaced Gulf Coast victims living in government-issued trailers to high formaldehyde levels, demonstrated the need “to get absolutely reliable information to the public about formaldehyde risk as soon as possible,” Vitter’s position ensures the EPA won’t be rolling out formaldehyde guidelines anytime soon.

So why is Vitter so sympathetic to the formaldehyde industry? Campaign finance records show that many of Louisiana’s big formaldehyde polluters happen to be—you guessed it—Vitter campaign donors. He’s received $9,000 from Dow Chemical’s PAC, $5,000 from Monsanto’s, $5,000 from ExxonMobil’s, and $2,500 from the American Forest and Paper Association’s. The American Forest and Paper Association is also a member of the Formaldehyde Council, an industry group whose views align with Vitter’s (it’s lobbied for an NAS review, too).

Anastas is under no illusions as to the obstacles in the way, telling Chemistry World in October that “we face tremendous challenges in ensuring the best science is brought to bear on issues like arsenic and formaldehyde.” Reached at his office Wednesday, he remained sanguine about his nomination, saying he was “extremely enthusiastic about assuming my duties at the EPA when the Senate finalizes its process and if they confirm me.” An environmentalist with the Sierra Club summed up the situation best to the Times-Picayune: “It’s just disappointing that anybody would try to get in the way of us finally adopting the kind of formaldehyde standards that exist in other [countries] that protect people. It’s ironic that this could come from somebody from Katrinaland, who has thousands of constituents who were exposed to excess formaldehyde level after being placed in government housing.”

mother jones

International Agency for Research on Cancer (IARC) confirms link between formaldehyde and leukemia

Formaldehyde Exposure and Asthma in Children: A Systematic Review

New Orleans family loses FEMA trailer suit & Why CDC Responded With ‘Lack of Urgency’ to Formaldehyde Warnings – top government officials worried about lawsuits from the beginning

Political Action Committee – NAA – files Amicus Brief in mold case (two infant deaths in mold filled apt – Wasatch Prop Mgmt) citing US Chamber/ACOEM ‘litigation defense report’ to disclaim health effects of indoor mold & limit financial risk for industry

“Changes in construction methods have caused US buildings to become perfect petri dishes for mold and bacteria to flourish when water is added. Instead of warning the public and teaching physicians that the buildings were causing illness; in 2003 the US Chamber of Commerce Institute for Legal Reform, a think-tank, and a workers comp physician trade organization mass marketed an unscientific nonsequitor to the courts to disclaim the adverse health effects to stave off liability for financial stakeholders of moldy buildings. Although publicly exposed many times over the years, the deceit lingers in US courts to this very day.” Sharon Noonan Kramer

Information on Riverstone Residential knowingly exposing tenants to extreme amounts of mold toxins at Toxic Mold Infested Jefferson Lakes Apartments in Baton Rouge, Louisiana

Toxic Mold Infested Jefferson Lakes Apartments managed by Riverstone Residential

Riverstone Residential Litigation

Mold Inspection Reports

Photos of Mold in Apartment

Attorney Malpractice

Posted in Environmental Health Threats, FEMA Trailers, Health - Medical - Science, Politics | Tagged , , , , , , , , , , | Leave a comment

International Agency for Research on Cancer (IARC) confirms link between formaldehyde and leukemia

Jennifer Sass
Senior Scientist
Washington, D.C.
NRDC
November 4, 2009

I won’t bury the lead: last week the International Agency for Research on Cancer (IARC), the most prestigious international body for cancer assessment in the world, determined that sufficient evidence exists to link formaldehyde with leukemia, a cancer of the blood or bone marrow. The link with leukemia means that the overall impact of formaldehyde on human cancers is much greater than previously thought.  

The recent history of  formaldehyde provides important lessons on the current hurdles, both legal and political, that EPA faces in its efforts to protect the public, and underscores the need for legislation to reform the nation’s policies on protection from toxic chemicals.

Formaldehyde is a toxic gas that is used as a binding agent in many products including plywood, furniture, carpeting and particle board. It contaminated the air inside housing trailers that were provided to many families that lost their homes after Hurricanes Katrina and Rita.  In fact, the “Katrina trailers” issue is the consequence of actions taken by the Bush administration in 2004 to weaken public protections from formaldehyde, for the specific benefit of the chemical, plywood and timber industries. A contemporary account of that effort by the Los Angeles Times can be found here.  In short, the Bush-era EPA’s political appointees issued a rule exempting dozens of plywood manufacturing facilities from adopting pollution controls to reduce public exposure to formaldehyde, as required under the Clean Air Act.  The justification was based upon an industry-funded assessment of the risk formaldehyde posed for nasal and throat cancers.  The agency ignored emerging evidence of the link between formaldehyde and leukemia, since consideration of that additional risk of exposure would have reduced the number of facilities that could be exempted from adopting pollution controls.

At the same time as EPA’s Air Office was exempting facilities from adopting pollution controls (a decision that was subsequently successfully challenged by NRDC and overturned by a federal court in 2007) the agency’s Office of Research and Development was working to complete its own reassessment of the hazards posed by formaldehyde.  That assessment was being conducted by the agency’s Integrated Risk Information System (IRIS) program.  IRIS hazard assessments are frequently used as the basis for setting cleanup standards for air, water and contaminated soil.  As EPA moved forward with weakening Clean Air Act protections from formaldehyde, it simultaneously blocked the IRIS program from finalizing its revised assessment of the hazards posed by formaldehyde, which took into account recent studies, including one by the National Cancer Institute (NCI) which found additional evidence supporting the link between formaldehyde exposure and leukemia. 

Fast forward to September 2009 and the Obama Administration’s nominee to head the Office of Research and Development (which is where the IRIS program is located) is being held-up by Senator David Vitter (R-LA) who wants the assessment to be sent to the National Academy of Sciences (NAS) for additional review. Now, however, IARC has concluded that exposure to formaldehyde is linked to leukemia. From here on out, formaldehyde’s link to leukemia simply must be considered by environmental and public health agencies, and it increases the imperative that strong protections for the public be adopted quickly. 

Ultimately, EPA’s revised hazard assessment of formaldehyde may lead to more stringent controls of formaldehyde emissions from some factories, but is that enough to protect the public?  What else can EPA do to protect people from this cancer-causing chemical?  Unfortunately, the current answer is: very little. This is because the law intended to give EPA broad authority to protect the public from unsafe chemicals, the Toxic Substances Control Act (TSCA) is written in a way (and has been interpreted by a federal court of appeals) to make it almost impossible for EPA to take action to protect the public from formaldehyde and other existing unsafe chemicals.  By way of example, EPA’s 10-year effort to ban most uses of asbestos, were rejected by a court (after an industry challenge to the rules) as not meeting the law’s stringent standards. In fact, when organizations and citizens (including people made sick by living in “Katrina trailers” petitioned EPA to adopt California’s strong emission standards for formaldehyde in composite wood products, EPA rejected the petition saying that current information was insufficient to meet the test for agency action under TSCA. In short, the central law for protecting the public from unsafe chemicals is broken and needs to be fixed.  Legislation to reform the Toxic Substances Control Act is expected to be introduced in Congress soon.  Revisions to TSCA will need provisions that allow EPA to quickly take action to protect the public from chemicals that we know are unsafe, and that we know people are being exposed to.  That would certainly include formaldehyde, asbestos, and a number of other chemicals.  

As of now, protection for the public is running years, and even decades behind the science (and behind common sense). The science increasingly confirms the serious health threats posed by chemicals that are ubiquitous in our lives.  Perhaps the new IARC findings on formaldehyde and leukemia will be the “final straw” that can break industry opposition to effective laws and strong safety standards to protect public health.

switchboard.nrdc.org

Formaldehyde Exposure and Asthma in Children: A Systematic Review

New Orleans family loses FEMA trailer suit & Why CDC Responded With ‘Lack of Urgency’ to Formaldehyde Warnings – top government officials worried about lawsuits from the beginning

Political Action Committee – NAA – files Amicus Brief in mold case (two infant deaths in mold filled apt – Wasatch Prop Mgmt) citing US Chamber/ACOEM ‘litigation defense report’ to disclaim health effects of indoor mold & limit financial risk for industry

“Changes in construction methods have caused US buildings to become perfect petri dishes for mold and bacteria to flourish when water is added. Instead of warning the public and teaching physicians that the buildings were causing illness; in 2003 the US Chamber of Commerce Institute for Legal Reform, a think-tank, and a workers comp physician trade organization mass marketed an unscientific nonsequitor to the courts to disclaim the adverse health effects to stave off liability for financial stakeholders of moldy buildings. Although publicly exposed many times over the years, the deceit lingers in US courts to this very day.” Sharon Noonan Kramer

Information on Riverstone Residential knowingly exposing tenants to extreme amounts of mold toxins at Toxic Mold Infested Jefferson Lakes Apartments in Baton Rouge, Louisiana

Toxic Mold Infested Jefferson Lakes Apartments managed by Riverstone Residential

Riverstone Residential Litigation

Mold Inspection Reports

Photos of Mold in Apartment

Attorney Malpractice

Posted in Environmental Health Threats, FEMA Trailers, Health - Medical - Science, Politics | Tagged , , , , , , , , , , , | Leave a comment

Formaldehyde Exposure and Asthma in Children: A Systematic Review

ABSTRACT

Objective: Despite multiple published studies regarding the association between formaldehyde exposure and childhood asthma, a consistent association has not been identified. This study reports the results of a systematic review of published literature in order to provide a more comprehensive picture of this relationship.

Conclusions:  The results indicate that there is a significant positive association between formaldehyde exposure and childhood asthma. Given the largely cross-sectional nature of the studies underlying this meta-analysis, there remains a need for well-designed prospective epidemiologic studies.

Formaldehyde Exposure and Asthma in Children:  A Systematic Review – pdf

environmental health perspectives online

New Orleans family loses FEMA trailer suit & Why CDC Responded With ‘Lack of Urgency’ to Formaldehyde Warnings – top government officials worried about lawsuits from the beginning

Political Action Committee – NAA – files Amicus Brief in mold case (two infant deaths in mold filled apt – Wasatch Prop Mgmt) citing US Chamber/ACOEM ‘litigation defense report’ to disclaim health effects of indoor mold & limit financial risk for industry

“Changes in construction methods have caused US buildings to become perfect petri dishes for mold and bacteria to flourish when water is added. Instead of warning the public and teaching physicians that the buildings were causing illness; in 2003 the US Chamber of Commerce Institute for Legal Reform, a think-tank, and a workers comp physician trade organization mass marketed an unscientific nonsequitor to the courts to disclaim the adverse health effects to stave off liability for financial stakeholders of moldy buildings. Although publicly exposed many times over the years, the deceit lingers in US courts to this very day.” Sharon Noonan Kramer

Information on Riverstone Residential knowingly exposing tenants to extreme amounts of mold toxins at Toxic Mold Infested Jefferson Lakes Apartments in Baton Rouge, Louisiana

Toxic Mold Infested Jefferson Lakes Apartments managed by Riverstone Residential

Riverstone Residential Litigation

Mold Inspection Reports

Photos of Mold in Apartment

Attorney Malpractice

Posted in Environmental Health Threats, FEMA Trailers, Health - Medical - Science | Tagged , , , , , , , , , | Leave a comment

More Problems at Evergreen Square Apartments – New Orleans based Fountainbleau Management Services

By Emily Le Coz, Northeast Mississippi Daily Journal, Tupelo, Miss.
Nov. 1, 2009

TUPELO – The brief working relationship between the former Evergreen Square apartment complex and the city of Tupelo appears over.

The two had seemingly cooperated the past year to correct a host of code violations at the low-income complex on Lawndale Drive.

But that partnership fizzled last month when the city spotted raw sewage bubbling into a few units. The problem was fixed within the city’s 24-hour deadline, but the incident caused friction between the municipality and the complex’s owner, Roland Von Kurnatowski.

According to a series of e-mails obtained by the Daily Journal, attorneys for Von Kurnatowski hoped to meet with city officials so their client could “levy certain complaints and discuss inconsistencies in the treatment being received by Evergreen Square.”

The e-mails specifically referenced a “threat” made by Tupelo building inspector Debra Byrd, who had said she’d shut off water to the entire complex if the sewage leaks weren’t immediately repaired. Stephanie Rebman 10/29/09 who called it a threat? isn’t it a rule or a decision rather than a threat?

Byrd told the Daily Journal this week Mike Tonos 10/29/09 change if runs after Saturday she was within her legal right to take that action and had received permission to do so by the Tupelo Water & Light Department.

Byrd also said that while on-site apartment staff  have been courteous and professional, the complex continues to deteriorate from neglect. It also racks up more code-violation complaints than any other apartment complex in the city. The 257-unit property was in such bad shape that the city last year imposed a September 2008 deadline to have everything up to code or face condemnation. It later extended that deadline through spring of this year to give the owners more time.

“We got assurance they would begin … to bring all those down units back into commerce, but up to now they have not done that,” Byrd said. “In the meantime we continue to get complaints.”

But according to an attorney for Von Kurnatowski, the apartment complex has been unfairly targeted by the city over “personal vendettas.”

“This story has been painted one way for a long time,” said attorney Brian Yoakum of Memphis. “We are confident that we will ultimately prove that these allegations of neglect and abuse are wholly untrue. As this story develops, it will become apparent to any unbiased observers that this is all being driven by the personal vendettas of certain city officials.”

Yoakum did not elaborate. He did say his client tried to resolve those issues at a meeting with city officials but that the city abruptly canceled.

The meeting had been set for Oct. 20, but it was called off by city attorneys who were unaware of it until the last minute. They warned against the meeting because of an ongoing lawsuit against the apartment complex in which city employees are involved.

“We disagree that such a meeting is in the best interest of the city of Tupelo,” wrote city attorney Martha Stegall, “and do not see how it is possible that meeting can be unrelated to the ongoing litigation.”

Yoakum had insisted otherwise.

The lawsuit was filed late last year by former apartment tenants who claim they were subjected to intolerable living conditions. They are represented by Tupelo attorneys Lawrence Deas and Michael Gratz.

Von Kurnatowski and his New Orleans-based company Fountainbleau Management are represented by Yoakum and Clarksdale attorney Bill Luckett, who has announced he’ll run for governor in 2011.

Byrd and at least one other building inspector gave depositions in that case, testifying about the conditions of the complex. City employees told the Daily Journal during a newspaper investigation last year that the property had severe sewage and mold problems, in addition to other issues.

Since then, the apartment complex made efforts to work with the city to improve conditions. It even hired a new manager and changed its name to President’s Gate.

But Byrd said problems remain and more than two dozen units still lack a certificate of occupancy, which is required before they can be rented.

link

Two stories from last year

Evergreen residents blame mold for health woes

By Emily LeCoz
Daily Journal
8/20/2008

Excerpt 

TUPELO – Past and current residents of the Evergreen Square apartment complex blame its well-documented mold problem for their numerous illnesses and claim the entire property is a health hazard.

At least a half dozen families said their members have suffered chronic respiratory illnesses, asthma, sinus infections, allergies, vomiting or depression since moving into the apartment complex on Lawndale Drive.

According to mold tests done late last year by a national environmental laboratory testing service provider, PRO-LAB, apartments at Evergreen Square contained several strains of mold, including:

– Alternaria
– Aspergillus
– Basidiospores
– Cladosporium
– Hyphae
– Penicillium
– Rusts
– Smuts

The owner of Evergreen Square, Ronald Von Kurnatowski Jr. of New Orleans-based Fountainbleau Management Services, said the mold has been cleaned up and claimed he’s unaware of any lingering issues.

But residents say otherwise.

djournal

Evergreen Square – Mold so hazardous to health – hazmat respirators worn by inspectors

Daily Journal
8/17/2008
By Emily LeCoz

Excerpt 

“She complained enough to management to obtain a different unit – D33 – in June. But within days, the problems started there, too. So, Wimsatt said, she started complaining again. But instead of receiving help, she got an eviction notice.”

“At least a half dozen tenants told the Daily Journal that they live in mold-infested, bug-infested apartments with routine maintenance problems that are either ignored entirely or patched up inefficiently.”

“The owner of Evergreen Square, Ronald Von Kurnatowski Jr. of New Orleans-based Fountainbleau Management Services, denied those allegations. He said the situation there has been exaggerated by a handful of unruly tenants bent on attacking the current manager. They dislike her, he said, because she enforces the rules.”

“Von Kurnatowski also said he is unaware of any mold and claims the on-site maintenance crew fixes all problems efficiently and thoroughly.”

Although Evergreen Square apartment manager Shariah Gates refused to make an official statement on behalf of the complex, she did say all the residents who talked to the newspaper were being evicted. She also denied any of the currently occupied units had problems.

And last year, the city had to shut down four of the 16 apartment buildings in the complex after finding the mold to be so hazardous to human health that inspectors had to wear Hazmat respirators before entering some of the units.

Von Kurnatowski said he’s been disappointed in the city’s attitude toward his complex and that inspectors have unfairly targeted him.

Several tenants this month drew up a petition complaining about the poor conditions there and gathered about 45 signatures. But when the apartment manager found out about it, she wrote up those residents for “disturbing the peace,” and said it was a violation of their lease.

djournal

Political Action Committee – NAA – files Amicus Brief in mold case (two infant deaths in mold filled apt – Wasatch Prop Mgmt) citing US Chamber/ACOEM ‘litigation defense report’ to disclaim health effects of indoor mold & limit financial risk for industry

“Changes in construction methods have caused US buildings to become perfect petri dishes for mold and bacteria to flourish when water is added. Instead of warning the public and teaching physicians that the buildings were causing illness; in 2003 the US Chamber of Commerce Institute for Legal Reform, a think-tank, and a workers comp physician trade organization mass marketed an unscientific nonsequitor to the courts to disclaim the adverse health effects to stave off liability for financial stakeholders of moldy buildings. Although publicly exposed many times over the years, the deceit lingers in US courts to this very day.” Sharon Noonan Kramer

Information on Riverstone Residential knowingly exposing tenants to extreme amounts of mold toxins at Toxic Mold Infested Jefferson Lakes Apartments in Baton Rouge, Louisiana

Toxic Mold Infested Jefferson Lakes Apartments managed by Riverstone Residential

Riverstone Residential Litigation

Mold Inspection Reports

Photos of Mold in Apartment

Attorney Malpractice

Posted in Environmental Health Threats, Mold Litigation, Toxic Mold | Tagged , , , , , , , , , , , , , , , , , , | Leave a comment

The Late Movies: Dogs Welcoming Home Soldiers

by Jason English
November 10, 2009

“I can’t begin to imagine how hard it would be to leave my family for months at a time, especially if my destination were Iraq or Afghanistan.   And I don’t know how I could deal with my wife being deployed overseas.  These reunion videos—for me, at least—shed a tiny beam of light on how emotionally draining being a military family can be.   They’ll also make you want a dog.  To commemorate Veterans Day, here are some overjoyed dogs greeting returning soldiers.”

Gracie welcomes her dad, who has returned from Afghanistan
Seeing my dog the day I got back from Afghanistan

Buddy Homecoming
Buddy can’t contain his enthusiasm after seven months apart from his owner

U.S. Soldier, Home Sweet Home, Sweet Surprise
I’m not sure I’ve ever heard anything make a sound quite like this. How great are dogs?

My Dogs greeting me after returning from 14 months in Iraq, pre arranged
We’ve posted this incredible clip before—dogs greeting a soldier after 14 months in Iraq. Worth watching again.

A TN Soldiers Welcome Home
Basset hound Reggie welcomes his best friend home from Afghanistan.

Soldier coming home to dog
Rocky gives his favorite soldier the welcome home he deserves.

Ecstatic Puppy Greeting
From the YouTube description: “Soldier daddy comes home after a month of training, and the pups go ballistic!”

 Boxer greeting Daddy after Iraq
This boxer was cautious at first, but that caution was quickly replaced by excessive jubilation.

Dachshund Homecoming
Dachshunds Franklin and Sally give a vocal welcome to their dad, a U.S. Navy man returning from an eight-month deployment to Kuwait. (According to the YouTube description, Franklin and Sally are both rescue dogs. If this video has put you in a dachshund-adopting mood, contact Southern States Dachshund Rescue at ssdr.org or Dachshund Rescue of North America at drna.org.

Dogs greeting Daddy
This soldier is attacked (and nearly hurdled) by his pups.

Soldiers Surprising their kids
Not a dog person? We’ll end with a compilation of returning soldiers surprising their kids at school. Powerful, powerful stuff.

mental floss

Posted in Good Things, Veterans | Tagged | Leave a comment