Levees.org Rally – Protest LSU’s firing of Ivor van Heerden – the most honest appraiser of city’s levee failures

When: 10 a.m. Thursday

Where: Ische Library, 433 Bolivar Street

Posted by Bob Marshall, Columnist, The Times-Picayune April 15, 2009


Ivor van Heerden is pictured here in May 2006 standing near the 17th Street levee break.

Ugly doesn’t change, even when you see it coming. Neither does stupid.

I’m talking about the decision by LSU to fire Ivor van Heerden, the head of the LSU Hurricane Center who earned world-wide renown for his work before and after Hurricane Katrina. This move had been rumored and threatened almost since van Heerden began his post-storm work, but it was no less repulsive for its inevitability.

As someone who covered that story, I always thought the state should be rewarding van Heerden, not chasing him away, because metro area residents — indeed, citizens of any U.S. community currently relying on federal levees to keep them safe — owe Van Heerden a huge debt.

Here’s why.

In the days immediately after Katrina, the world thought New Orleans had been ravaged by a huge storm simply too large for the high-tech flood protection system built at great cost by the U.S. Army Corps of Engineers. And according to some members of Congress and many media commentators, that’s just what we deserved for living here, below sea level.

In fact, that was the official story being put out by the corps.

But about a week after the storm, as van Heerden and engineers on his staff began inspecting the deadly breaches in that system, the story began to change. They were expecting to see evidence of over-topping, signs Katrina was just too big for the system, the very scenario the center had predicted the day before the storm came ashore.

What they found was something else: Signs of catastrophic engineering failures.

In other words, the floodwalls and levees failed not because they were too small, but because they had been either poorly designed, poorly built — or both.

The world’s media immediately gravitated to van Heerden not just because this was shocking news, but also because it came from a hurricane expert with a staff of geotechnical engineers qualified in the science of flood protection.

And he was the only person from this area even talking about the issue.

Incredibly, the state of Louisiana and the city of New Orleans — the two political entities most grievously damaged by the disaster — showed no inclination to launch their own investigations. They were content to leave the examination of the tragedy to the same outfit that built the system in the first place: the Corps of Engineers.

Thankfully, van Heerden wouldn’t let this happen. He put together a group of engineers and scientists from LSU and the private sector and convinced the state attorney general and the Department of Transportation and Development to give “Team Louisiana” official status.

You’d think the university would take pride in one of its own leading such important work. Just the opposite happened.

From the start, van Heerden was pressured by LSU administrators to go easy. At one point he was issued a gag order. It seemed the more problems Team Louisiana uncovered, the more intense the sniping from Baton Rouge.

Some of that was due to classic campus politics: jealousies, rivalries and professional disputes. Some of it was self-inflicted; even van Heerden’s admirers admitted he could be difficult to work with, due to an often uncompromising style and a penchant for going public with results before final drafts were approved.

But van Heerden’s real danger to LSU was his threat to funding.

The federal government is the largest source of research funding for universities, and LSU was lining up tens of millions of dollars for coastal and wetlands work — much of which might be partnered with the corps. Having one of its professors lobbing bombs at the feds made some at the university fear for the LSU pocketbook.

That’s why members of Team Louisiana, as well as researchers from other universities, were warned to shut up or risk their careers. Fortunately for all of us they decided their ethics — as professors, engineers and citizens — compelled them to continue to work for the public good.

Anyone who thinks I’m overstating the case need only look at the Interagency Performance Review Task Force Report, the corps’ official explanation of what happened during Katrina. After spending $20 million over eight months, the first page of the report states it found “no evidence of government or contractor negligence or malfeasance.”

Please.

How about ignoring information that the structures they were building were as much as two feet lower than claimed? Or skipping over alerts that its storm modeling was outdated? Or failing to inspect projects as required by law? Or a mandatory review process that was so sloppy, it missed obvious mistakes by subcontractors?

And how about this verdict: If the project has been built properly, some of the flooding would not have occurred, and much of the rest would have been reduced to the point of nuisance instead of disaster.

That’s just the start of a very long list.

Team Louisiana pointed the way to early exposure of these mistakes and many more. Van Heerden was the only Louisiana official to speak on the record, and loudly. If he hadn’t persisted, who knows what the corps would have failed to find out, or how much more dangerous our lives would be today.

Now, rather than build on that very significant accomplishment, LSU has decided to clean out those who made it happens.

That’s ugly and stupid.

blog.nola.com

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Sick Building Syndrome: Floods, Mold, Cancer, and the Politics of Public Health

Published March 30, 2009 by CommonDreams.org

by Ritt Goldstein

It’s spring, and flooding is again making headlines, although the ‘sick building’ and mold dangers following in flooding’s wake are becoming better appreciated. But disturbingly highlighting the imperatives of such awareness, recently published research has – for the first time – shown the high cost of what the sickness that comes of ‘sick buildings’ can mean, with the potential for long-lasting disability now being a documented fact.

According to a ground breaking Swedish study appearing in The International Archives of Occupational and Environmental Health, 45% of so-called ‘Sick Building Syndrome’ (SBS) victims – treated at hospital clinics – no longer have the capacity to work. Twenty percent of these sufferers are receiving disability pensions, 25% are “on the sick-list”. Emphasizing SBS’s devastating potential, the study warned that the possibilitiy “of having no work capabilities at follow up was significantly increased if the time from (SBS) onset to first visit at the hospital clinic was more than 1 year. This risk was also significantly higher if the patient at the first visit had five or more symptoms.”

It’s unfortunate that knowledge of the serious nature of SBS has not emerged sooner. But, as highlighted by the US Department of Veteran’s Affairs during last Fall’s revelations upon Gulf War Illness, sometimes political and economic considerations affect health policy, leading to a serious health issue long being “denied” or “trivialized”.

‘Sick Building Syndrome’ (more precisely termed ‘non-specific building-related illness’) is typically a product of breathing indoor-air contaminated by mold and/or chemical toxins. Things such as flooding, or poor building contruction, design, or ventilation, can bring on the problem.

SBS’s symptoms have been known to include: mucus-membrane irritation, neurotoxic effects, respiratory symptoms, skin symptoms, gastrointestinal complaints, and chemosensory changes. And while the malady has been increasingly seen since the 1970’s, when energy concerns led to the reduction of indoor ventilation by as much as two thirds, the Swedish study is thought to be the first where the problem has been demonstrated as a chronic condition sparked by environmental causes.

The study was performed by scientists at the Academic Hospital of the University of Umeå, in Northern Sweden, and was based upon locally derived data. But while differences in disability laws and culture may exist between any two nations, as the study strongly observed: “symptoms aggravated by environmental factors exist within this group of patients”.

Providing an interesting parallel, in the aftermath of Hurricane Katrina the New Orleans area saw the phenomenon of ‘Katrina Cough’ occur; a phenomenon marked by a number of SBS symptoms. Though Louisiana health authorities have been dismissive of the ‘Cough’, at present Tullane University School of Medicine has received funding for a five-year study, Tullane’s newspaper headlining: “Researcher Seeks Truth About ‘Katrina Cough'”.

Unfortunately, even problems more serious than SBS can occur through mold, the US Environmental Protection Agency’s (EPA) website explicitly warning that the inhalation of mycotoxins (toxins naturally occurring in some species of molds) has been reported to cause maladies that include cancer. Illustrating what this can mean, recent Swedish headlines shocked the Scandinavian Peninsula with news of just such a cancer outbreak.

Strömbackaskola, a high school in the Northern city of Piteå, was the scene of the cancer cluster. In the worst affected area, about 40% of the employees have been stricken with the disease, with the local paper headlining “The mold in the school is cancer causing”, a national headline reading “Mold in school gives teachers cancer”.

Though the cancer cases began appearing years ago, and its cause was earlier investigated, it was only recently that ‘toxic black mold’, Stachybotrys, was found in the affected areas.

Perhaps even more disturbing, while some claim tragedies like this are unforeseeable, others see them born of a misguided defense of past mistakes, with indifference, and even occasional tactics of intimidation, nurturing tragedy. No land is immune to the temptations of politics and economics…and no land is immune to cancer.

As early as 1999, findings of an association between inhaled mycotoxins (such as aflatoxin) and cancer were reported by the National Institute for Occupational Safety and Health (NIOSH), their study noting: “Several studies have provided evidence for the association of cancer in humans with inhalation of aflatoxin contaminated dust, e.g., lung cancer or colon cancer…elevated risks for liver cancer and cancers of biliary tract”. Similar to the EPA, the NIOSH study further warned: “Diseases associated with inhalation of fungal spores include toxic pneumonitis, hypersensitivity pneumonitis, tremors, chronic fatigue syndrome, kidney failure, and cancer.”

It is regrettable that one can only speculate upon what the true incidence of mold-related cancer, and other mycotoxin-related illness, may be, both in the US and abroad.

While an American, I live in Sweden and have for the last twelve years. Perhaps because Sweden isn’t a large nation, Swede’s social activism, their relationship with their government, communities, and each other, is considerably stronger than that I once knew. But, despite this…

In an article published this summer upon Sweden’s ‘sick schools’ – in Scandinavia’s largest daily, Aftonbladet – I had emphasized that mold can indeed cause maladies ranging from asthma to cancer. But as early as 1997, Stockholm’s papers were already broaching questions of ‘sick building’ related cancers, questions which seem to have been ignored.

At that time, Swedish toxicologist Tony Kronevi was widely quoted as warning of a potential “cancer explosion” resulting from “sick buildings in Sweden”. He specifically warned of problems with “sick schools”, urging that people take “this problem seriously. Now.”

It’s unfortunate that, despite such warnings, this past summer a Swedish government report revealed that those at the national level had yet to take sick schools “seriously.” Just months later, in December, news of the cancer cluster broke.

Was this an instance of political and economic considerations affecting health policy? Was a serious health threat long “denied” or “trivialized”?

Further highlighting what some here have termed ‘indifference’, Swedish parliamentarian Jan Lindholm (Green Party) observed that, for him, it’s “totally inconceivable that the government shows no interest in finding out how over 20 people in a workplace (Strömbackaskola) came to be smitten by cancer”. He added, “this Government is the landlord’s government.”

Approximately a week before news of Strömbackaskola’s cancer outbreak broke, the Swedish Minister for Public Health told Swedish National Radio that she believed the link between poor indoor air and poor health was too weak to act upon.

Reflecting the Minister’s position, Sweden’s governmental websites lack the kind of mold and ‘sick building’ warnings provided by entities such as the EPA and NIOSH, despite the recent SBS findings from Umeå and similar pronouncements from other scientists. Given this, it’s particularly unfortunate that the very young are those most at risk from indoor air problems.

Last Fall I interviewed one of America’s leading authorities on mold – Dr. Dorr Dearborn, Chairman of the Department of Environmental Health Sciences at Case Western Reserve University School of Medicine. Dearborn came to national attention in 1997, The New York Times headlining “Infants’ Lung Bleeding Traced to Toxic Mold”, a revelation he was instrumental in bringing forward. Though his findings and those of his equally courageous colleague, Ruth Etzel, became the subject of considerable debate, the EPA’s “Children’s Health Initiative on Toxic Mold” continues to warn: “A cluster of cases of acute pulmonary hemorrhage/hemosiderosis was reported in Cleveland, Ohio, where 27 infants from homes that suffered flood damage became sick (nine deaths) with the illness starting in January 1993.”

In the interim since his and Dr. Etzel’s findings, animal studies continue to provide ever added confirmation of their conclusions upon toxic mold’s dangers.

During the course of my interview with Dearborn, I asked what had occurred that took the momentum from the ‘sick building’ and mold reforms which many then saw on the horizon. Emphasizing he could just speculate upon what factors had earlier impacted America’s ‘mold debate’, Dearborn spoke of “pressure from industrial sources – insurance companies, etc – to ‘back off’ this problem.”

In Sweden, people have spoken of the “gigantic costs” which addressing ‘sick buildings’ would entail, and this has led many to rationalize away inaction accordingly. Of course, the costs of the widespread illnesses and property damage associated with ‘sick buildings’ is thought to be even more substantive, though, far less visible and borne mainly by individuals, not business or government.

I won’t point out that discussion of isolated cancer cases associated with sick buildings has barely begun here. Nor will I speculate upon the fate of those living in places like Herrgården, a large housing complex in Sweden’s southern city of Malmö’s Rosengård area, where – contrary to the Country’s ‘squeaky clean’ image – recent news stories revealed that half of the apartments are mold infested.

An interview with a number of Rosengård’s healthcare workers recently appeared in local media. The ongoing tragedy they described isn’t pretty.

Within the last twelve months, this nation of nine million has had at least three major residential housing scandals, each involving large numbers of families. And while roach infested slums have sadly now come to Sweden, two of the three scandals involved upscale developments – one was a community of villas on the Country’s west coast, the other was waterside condos in Stockholm.

Of course, in the US, comedic icon Ed McMahon won a $7 million dollar judgment following his Beverly Hills home’s mold problems. But just this March, the TV news program ‘Inside Edition’ ran a story titled: “Did Mold Cause Ed McMahon’s Life-Threatening Cancer?”

In Sweden, the widespread failure to adequately enforce safe-housing laws has been described as an ‘open secret’. In The States, the phrase ‘managed debate’ is used to describe the process through which better regulation of ‘sick buildings’ and mold is kept from even becoming law.

Both circumstances have a cost, and public health has paid dearly. Is Sweden’s mold-associated cancer unique, or rather, is it unique only in that this instance of mold-associated cancer was so large that it could not be rationalized away, dismissed and ignored?

In a November article of mine – which was also published in Aftonbladet – I compared Sweden’s ‘sick building’ scandal to that of China’s melamine. Both scandals are the product of what have been described as ‘open secrets’, but according to a 2003 Swedish survey, sick buildings are sickening a vastly higher population percentage than melamine did.

While our globe is currently witnessing the havoc which lax regulation and unconscionable behavior meant for the financial markets, is this but one indicator of something ‘deeper’? America’s ongoing prescription drug and food scandals, China’s melamine, and Sweden’s ‘sick building’ scandal – all suggest that our ‘crisis’ may be considerably broader than merely one of finance.

History has long demonstrated the high price of blind, ruthless ambition, a price which our world has perhaps only begun to realize it is now paying. Quoting Swedish parliamentarian Jan Lindholm, “totally inconceivable” well describes present circumstances.

We have a problem, a bad problem, and it has its causes. In example, Kronevi told me of a Swedish book he participated in on building issues, a book which might have started vigorous ‘sick building’ debate years ago. He also provided copies of correspondence highlighting how the text had been effectively suppressed.

Of course, a passage from that book noted that a number of Swedish cities, “have noticed an unusually high number of cancer cases connected to SBS symptoms”, with other passages equally interesting. What is also ‘interesting’ are others who have described abuses of power, the efforts to stifle critical voices.

In 2004 I interviewed a number of leading US scientific figures, doing so while writing an exposé series on the drug industry. One article, “Intimidation, Politics and Drug Industry Cripple U.S. Medicine”, contained several interviews worth revisiting.

Kathleen Rest, executive director of the Union of Concerned Scientists (UCS) – whose membership is comprised of much of the cream of America’s scientific community, including a number of Nobel laureates – told me of a “pattern”, a pattern of “politicizing or manipulating scientific advisory boards.” She also noted the UCS had found “evidence and cases of agencies manipulating or suppressing scientific analysis.”

Dr. David J. Graham, the courageous Associate Safety Director of the US Food and Drug Administration (FDA), separately added that “intimidation of scientists who threaten the status quo at FDA is routine.”

It was just this summer when a Swedish environmental researcher – who spoke only under condition of anonymity – told me that challenging the Swedish status quo on ‘sick building’ issues was almost like challenging the mafia. Other Swedes, from different perspectives, have spoken similarly. Leif Kåvestad – a former environmental inspector who received a personal award from the then Swedish Prime Minister, Göran Persson – is one of these.

Both Kåvestad and the researcher indeed described efforts aimed at intimidation, efforts sometimes undertaken by those pursuing self-serving denials of Swedish indoor-environment problems.

On a local level, Kåvestad spoke of how “community Health Departments often cooperate with the community housing companies and their consultants. Tenants which complain over sick buildings with health complaints are threatened…the parties together act like a mafia against the tenants.” And while speaking generally, he added he’s aware of this pattern at some of Stockholm’s ‘sick buildings’, and as an ombud has just taken the question before the Environmental Court.

There is good reason to believe that such circumstances are not limited to Sweden.

An SBS victim myself, I have just filed a civil suit against my landlord, Kopparstaden, a housing firm within the Swedish county of Dalarna. In 2007, my community’s health department declared the apartment Kopparstaden had recently rented me to be uninhabitable.

To this day, my health remains shattered – I suffer a particularly nasty form of SBS.

When I arrived here, as a newcomer to the community, the local ‘Integration Authority’ had offered me the flat. Though it had an unusual odor from the first time I saw it, I was told the odor would ‘disappear’ when I used the plumbing.

When I asked to see other apartments, I was told by the Integration Authority that the apartment was ‘fine’, that there were no others, and, if I didn’t accept it, I wouldn’t be offered another and would likely not find any apartment on my own. Given the circumstances, and that I had no reason to then disbelieve the assurances I was given, I took the flat accordingly.

Later, laboratory analysis revealed “powerfully elevated” mold levels and “unusually high levels” of chemical toxins – such as chloroform – were in every breath I took. According to my physicians, virtually all of my belongings must be disposed of because of contamination, and my insurance policy – as with most insurance policies today – does not cover this kind of claim. However, Kopparstaden’s only compensation offer for my ruined property and shattered health was about $1,000. I refused it.

It is difficult for me to reconcile the many instances I’ve witnessed demonstrating Swedish society’s honesty and integrity with the circumstances I describe.

While the US civil court system has awarded a number of ‘sick building’ and mold sufferers millions of dollars in damages, such things do not exist in this country – there are no punitive damages in this legal system, court awards are ‘minimal’. And, despite such circumstances accentuating the need for robust enforcement of safe housing laws, the opposite appears to have occurred. But, this does well illustrate how the costs of ‘sick buildings’ – though extremely substantive – are today borne mainly by individuals, not the businesses which provide ‘sick’ properties, nor the governmental entities which allow them to continue doing so.

Is today’s ‘crisis’ far broader than merely finance? Has Public Health been sacrificed for political and economic motives?

While many have indeed called the widespread compromising and failure of regulatory authorities an ‘open secret’, perhaps ‘national catastrophe’ may well prove itself a far better term.

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EPA Takes Steps To Resolve Disputes Over Agencies’ Mold Guidance

Posted by Sharon on 4/06/09 on ToxLaw.com

InsideEPA.com
by Aaron Lovell

The Committee on Indoor Air Quality (CIAQ), an EPA-led inter-agency group, is taking a number of steps to resolve inter-agency disputes over how to address risks from indoor mold and improve public access to federal indoor mold research in response to recommendations in a recent Government Accountability Office (GAO) report.

In the October 2008 report, GAO recommended that EPA “help agencies better ensure that their guidance to the public does not conflict,” and also “help guide federal research priorities on indoor mold,” according to the report.

The GAO tasked this to the CIAQ, a multi-agency group that coordinates the federal government’s research into indoor air  quality and includes the Department of Housing & Urban Development, National Institute for Occupational Health & Safety, the Department of Energy and others.

EPA agrees with the GAO recommendations, according to a Jan. 14 letter.  EPA Chief Financial Officer Lyons Gray sent to Rep. Edolphus Towns (D-NY), chairman of the House Committee on Oversight and Government Reform.  Gray wrote that both recommendations will be included as action items at CIAQ meetings, and EPA will lead the CIAQ in considering how to implement the recommendations.

To limit conflicts between agencies’ guidance documents, the committee agreed to work towards creating a single location where guidance from the different agencies could be found, along with the agencies’ research.  “We can do something to improve access to information and improve coordination,” Philip Jalbert, an EPA official and executive secretary of the CIAQ, suggested at a Feb. 18 meeting, particularly regarding remediation and susceptible populations, as discussed in the report.

As part of the implementation of this recommendation, the CIAQ will “look at all existing [agency] guidance and see whether conflicts exist and look at how to resolve those conflicts,” Jalbert said.  Speaking after the meeting, Jalbert said he hopes the process would be “as collaborative as possible.”

To improve public access to mold research, the CIAQ agreed to send letters to each agency to identify a person of contact in an effort to help guide the agencies’ research priorities for indoor mold.  In terms of providing information to the public, another recommendation from the GAO, Jalbert suggested at the February meeting looking into a way to coordinate the sharing of research, such as “having agencies make information available in a standard way or have agencies update a portal with information [presented] in a standard way.”

The committee also agreed to discuss how the agencies can best inform and involve members of the public on the issue, and Jalbert pointed out that some of the agencies dealing with mold “may already have tools in place” to interact with the public.  As far as the coordinated effort, “What kind of tools are we going to employ to make this happen?” he said.

An activist who works on mold issues was encouraged by the response, saying it is “extremely important for one agency” to provide information on mold, because it is a “very political issue” and there are a “lot of myths and mixed information.”  The CIAQ response is noteworthy because it “would not promote a concept of where science has to go,” but would rather “make sure accurate information is coming out of the government,” the source adds.

The January EPA letter says the agency’s response will “build upon the work that was done in 2005 in coordinating the efforts of federal agencies to address indoor mold in the aftermath of hurricanes Katrina and Rita.  EPA assessed the lessons learned from these experiences and incorporated important messages into our outreach documents, low literacy publications, website, public service announcements and other materials.”

While EPA lacks authority to require remediation to address mold, the agency drew criticism from environmentalists in the wake of the Gulf Coast hurricanes in 2005 when it declined to require additional testing for the presence of mold in water-damaged buildings.  Agency officials later said they lacked the legal authority to address the issue.

Activists welcomed the GAO report, as it adopts a precautionary approach to toxic mold exposure and calls on EPA to lead efforts to bolster federal warnings about exposure risks and improve research.  Many public health advocates have long been concerned that exposure to mold causes adverse health effects like asthma and upper respiratory tract problems.  The profile of the issue has increased in recent years, as evidenced by the participation of numerous groups and members of the public on a conference call accompanying the meeting.

Still, other groups, including the U.S. Chamber of Commerce, have argued that the connection is not supported by sound science and leads to unnecessary litigation by plaintiffs seeking building remediation.

Activists Welcome GAO Call For EPA To Boost Mold Warning Efforts

Public health advocates are welcoming a recent Government Accountability Office (GAO) report that adopts a precautionary approach to toxic mold exposure and calls on EPA to lead efforts to bolster federal warnings about exposure risks and improve research, which the agency says is needed to set a health protection standard.

Some advocates are also suggesting that because the report recommends mitigation even in the absence of a standard, it could help overcome insurance and other industry groups’ legal defenses in toxic mold suits, which cite studies claiming exposure is not harmful.  “This groundbreaking report refutes the notion that mold is only a nuisance or a minor allergen. It is a key document to use in any venue where one might wish to cite the serious nature of mold exposure,” according to the Center for School Mold Help, a group that seeks to address mold in school buildings.

But other sources are downplaying the significance of the document, saying it sheds no new light on the issue.  Many public health advocates have long been concerned that exposure to mold causes adverse health effects like asthma and upper respiratory tract problems.  But other groups, including the U.S. Chamber of Commerce, have argued that the connection is not supported by sound science and leads to unnecessary litigation by plaintiffs seeking building remediation.

While EPA lacks authority to require remediation to address mold, the agency drew criticism from environmentalists in the wake of the Gulf Coast hurricanes in 2005 when it declined to require additional testing for the presence of mold in water-damaged buildings.  Agency officials later said they lacked legal authority to address the issue.

The GAO report, Indoor Mold: Better Coordination of Research on Health Effects and More Consistent Guidance Would Improve Federal Efforts, which was released last month, was requested by Senate Health, Education, Labor and Pensions Committee Charmain Ted Kennedy (D-MA) in October 2006.  Relevant documents are available on InsideEPA.com.

In an Oct. 20, 2006 letter to the GAO, Kennedy said that “human exposure to environmental mold and the toxins they produce are known to result in allergic and other hyper sensitivity reactions in healthy individuals.”  The letter continues, “These health effects, coupled with the unprecedented rebuilding of flooded residences and businesses along the coasts of New Orleans, Mississippi and Louisiana could trigger a significant public health crisis.”

A spokeswoman for Kennedy did not rule out hearings on the issue in the 111th Congress, saying last month that they “will evaluate the committee’s hearing schedule on Senator Kennedy’s return to the Senate.”  The GAO document points out that even though there are data gaps and no federal health protection standard, enough is known about the risks that federal agencies should do a better job informing the public of possible risks and improving research.

The report recommends that the EPA-led Committee for Indoor Air Quality (CIAQ) lead efforts to coordinate mold research among federal agencies and take the lead on articulating and guiding research priorities across the involved federal agencies and help agencies review their public guidance on mold to “better ensure that it sufficiently alerts the public, especially vulnerable populations, about the potential adverse health effects of exposure to indoor mold and educates them on how to minimize exposure in homes.”

CIAQ is an interagency group led by EPA.  Other agencies involved in the panel include the Consumer Product Safety Commission (CPSC), Department of Energy, National Institute for Occupational Safety and Health, Occupational Safety and Health Administration, the departments of Labor, Housing & Urban Development (HUD), Health & Human Services (HHS), Agriculture and Defense.

The report recommends that the CIAQ ensure consistent guidance among different agencies.  For example, guidance issued by CPSC, EPA, the Federal Emergency Management Agency, HHS, and HUD cites a variety of health effects of exposure to indoor mold but in some cases omits less common but serious effects.  Moreover, while guidance on minimizing indoor mold growth is generally consistent, guidance on mitigating exposure to indoor mold is sometimes inconsistent about cleanup agents, protective clothing and equipment, and sensitive populations.  As a result, the public may not be sufficiently advised of indoor mold’s potential health risks, the report says.

The report also finds that data gaps involving adverse health affects are “being minimally addressed.”  “Of the 65 research activities, nearly 60 percent address asthma, and more than half address . . . sampling and exposure assessment methods for indoor mold,” the report says, while there are not enough studies looking at other adverse health endpoints.

Such lack of data is important, according to EPA, because the lack of regulation of airborne concentrations of indoor mold “is largely due to the insufficiency of data needed to establish a scientifically defensible health-based standard,” the report says. “Another factor is the lack of scientific consensus regarding how best to measure these concentrations.”

One public health advocate says that the GAO report demonstrates a “precautionary principle,” coming to the conclusion that, despite existing research gaps, “enough is known that it is important to warn the public of possible or plausible ill health effects in a consistent, coordinated manner” and that “inter-agency coordination is required to properly warn the public, to properly educate health agencies and to effectively advance the scientific understanding of causes, exacerbations and symptoms of mycotic and related diseases.”

The source adds that the report is important because it is an acknowledgment from the federal government “that many of the symptoms of ill health being reported by US citizens after their exposure to microbial contaminants in water-damaged buildings” might be caused by the exposure.

Still, a neurotoxicologist who has worked on the issue says that, while the report is a “good effort,” it is “woefully inadequate” for dealing with the research gaps identified by GAO.  According to the report, research by EPA, HHS and HUD includes five projects addressing the “effects of human exposure to stachybotrys chartarum,” a greenish-black mold that some believe has adverse health effects, four projects focusing on doses of the fungi-based mycotoxins needed to cause adverse health effects via inhalation or skin, and one exploring the relationship between mold and dampness and acute pulmonary hemorrhage in infants.

“Those are the [studies] you’d like to see at the top” of the list, the source says.

The second source would like to see “a national research program to investigate adverse health effects from exposure” to mold, with funding for studies specifically solicited by the agencies to look at the connection between adverse health effects and mold.

According to the report, EPA generally agreed with recommendations that it use CIAQ to help articulate and guide research priorities on indoor mold across relevant federal agencies and help relevant agencies review their existing guidance to the public on indoor mold.

Aaron Lovell

toxlaw.com

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The connection between the author of ‘The Challenge of Mold’ – Recap Advisors – CAS – Riverstone Residential & Toxic Jefferson Lakes Apartments

The author of The Affordable Housing Institute – The Challenge of Mold writes of now understanding illness from indoor mold exposure. Here is the information linking Mr. Affordable Housing Institute and CEO of Recap Advisors (for profit -making him many millions – billions in the affordable housing – apartment business) to CEO at CAS of which Riverstone Residential is a partner and which manages toxic Jefferson Lakes Apartments. After reading his views in The Affordable Housing Institute – The Challenge of Mold and then his views in the information below, how is it he can ignore and be part of corporations leasing, with complete knowledge (and have been for a long time) extremely mold infested apartments. Is it the investment and the accountability???

Granted, these corporations are so big and interrelated he may not have knowledge of this situation. But that is not an excuse but an example of a major problem. These huge corporate investors and developers use the affordable housing programs to build these apartments because they make huge profits and then pat themselves on the back and pretend they are concerned about and helping to provide affordable housing (as an example see – gimme-shelter-tax-shelter-funded-affordable-housing-affordable-housing-kings). The investors and companies that own these apartment complexes have probably never even seen them and huge property management companies are hired to manage them with the focus being to maximize profits for their clients. These apartment complexes that allow rent programs along with tenants paying the regular rent fees start declining (in maintenance, screening tenants,etc). That is the reason for NIMBY – not in my backyard. Once these developers and investors have made their huge profits they could care less about these properties except that they keep leasing.

So, if you are connected to properties that are infested with years of mold growth, please don’t write about a family made sick from mold in their home and the fact that you have been convinced mold can cause illness. I do not appreciate the high doses of toxins we are sick from because we were leased an extremely infested toxic apartment that the previous owners and Riverstone Residential knew of and now the current owners – Louisiana Housing Finance Agency and of course Riverstone Residential know of and cover up as best they can and continue to lease. katy

The Links

David A. Smith – Founder – Affordable Housing Institute

David A. Smith is the founder of the Affordable Housing Institute, which develops sustainable housing financial ecosystems worldwide. He is also founder and CEO of Recap Advisors, LLC. (Recap, www.recapadvisors.com), a Boston-based firm that recapitalizes and preserves existing affordable housing via innovative financial transactions; over its 15 years, the firm has been involved in over 365 properties, 45,000 apartments, comprising US$1.5 billion of aggregate value. David provides high-quality analysis to Congress, the Millennial Housing Commission, CBO, HUD, and others, and was a principal member of the 1996 Senate mark-to-market working group. A 1975 Harvard graduate, David is an award-winning author with more than 100 published articles in real estate, valuation, and policy periodicals, and a textbook. David is also a senior fellow at the University of Maryland. Detailed biography here.

AHI and Recap Advisors, LLc.

In addition to AHI, David Smith also is CEO of Recap Advisors, LLC. (Recap), one of the US’s premier financial consultancies in affordable housing that recapitalizes and preserves existing affordable housing in the US through innovative financial transactions.

Complementary and compatible

Although AHI and Recap are fully independent, they are complementary and compatible endeavors:

Recap is for-profit and works exclusively within the United States, for mission-oriented owners (both non-profit and for-profit), buyers, and government bodies (Federal, state and in some cases local agencies).

AHI is non-profit (approved as a §501c3) and works exclusively outside the United States, for government bodies and NGO’s seeking better affordable housing programs.

Legal and financial relationship: arm’s-length

AHI and Recap are fully independent. Neither draws financial support from or provides financial support to the other. Any inter-company arrangements are on a purely arm’s-length basis and are fully documented with appropriate agreements. – affordablehousinginstitute.org

Why use the U S experience?

Most affordable housing experiments have failed – or rather, they have succeeded only for a time. Affordable housing is a challenging business to sustain, vulnerable as it is to shocks from every direction. Any property will fail without both continuous talent and continuous financial support. Even with these things, many properties nevertheless fail.

In the US, government involvement with affordable housing dates from the 1937 Housing Act, born of the Great Depression. Our involvement with public-private affordable housing dates from the 1968 Housing Act. In the 34 years since then, the US government has invested, directly or indirectly, roughly $350 billion (2002 dollars) to create, operate, renovate, and preserve, roughly 4,000,000 public-private affordable apartments. That is a huge investment and a huge experience base. That money and that experience have bought us some wisdom – sometimes expensively, very expensively.

In affordable housing, every decision faces an inherent tension: maximize income or maximize affordability?

When we make mistakes, and we have made many, they stand as grim monuments to past theories about how people should behave rather than how they do behave. Doctors bury their mistakes. We foreclose ours. Sometimes we implode them, level them and start from scratch.

Why David A. Smith?

For twenty-seven years, my entire business career, I have worked on existing public-private affordable housing, usually fixing things that are wrong. Knowing nothing of the field when I started, I have become a passionate advocate for it, and a passionate critic when it is done wrong. Seeing it done badly, seeing money lost and people suffering, infuriates me. The residents deserve better. The taxpayers deserve better. We all deserve better.

For the last thirteen of those years, I’ve run Recapitalization Advisors, Inc. (www.recapadvisors.com), a for-profit consulting company. Recap recapitalizes and preserves existing affordable housing through innovation financial transactions. Though small, it is nationally known and respected as a transaction innovator and thought leader. We don’t just talk about it, we do it.

For more than a decade – really, ever since I started Recap and even before – I’ve volunteered my help to academics, policy makers, program designers, HUD, Congress – in short, anyone who can influence policy – in an effort to make what we have work better. Everything I know about the inventory and its challenges, I learned by observing and doing (and, of course, making my share of mistakes). I’ve testified before Congress, served on HUD and Congressional practical working groups, written numerous articles and papers, and generally spread what I’ve learned anywhere and everywhere it will do the cause good.

I like this stuff. I believe in this stuff. I want to see it done better. Done right, it spans political ideologies: liberal or conservative, left or right wing. – affordablehousinginstitute.org

Recap Advisors – David A. Smith CEO

Multifamily housing assets can be messy, tedious, and difficult to manage.

Underneath every portfolio of these investments are physical buildings, building managers, property managers, partners with divergent interests, complex debt structures, and possible use restrictions with their attendant social and political imperatives.

Recap is one of the nation’s acknowledged experts in the finance, restructuring, and asset management of multifamily residential properties.

Recap Advisors and On-Site Insight are now becoming CAS Financial Advisory Services, a new name that reflects our expanded capabilities and services. – recapadvisors.com

CAS Partners

CAS Partners is a world-class property and asset management company. With a range of multifamily real estate services—including property management, construction management, credit and collections, financial advisory, insurance, purchasing and utility services—CAS Partners delivers comprehensive solutions to our clients.

Whether you need to refinance a property, enlist property management for your operations, or make large-scale capital improvements, CAS Partners has the expertise and scale to make your business a success. – caspartners.com

CAS Financial Advisory Services (CAS FAS)

Over the past 20 years, CAS FAS has delivered services to more than 750 properties, representing more than $2.6 billion in real estate value. We currently asset-manage more than $2 billion worth of multifamily residential properties. We are one of the nation’s acknowledged experts in the finance, asset management and restructuring of multifamily residential properties.

CAS FAS helps clients achieve the most from their multifamily residential assets.

David A. Smith- CEO – CAS Financial Advisory Services

David A. Smith, CAS Financial Advisory Services CEO and founder of Recap Advisors, designs, develops and delivers new business services tailored to the needs of specific customer segments.

A senior fellow at the University of Maryland, David is also an award-winning author with more than 100 published articles in real estate, valuation and policy periodicals, and a textbook; and is a sought-after speaker.

In 1989, David founded Recap Advisors, one of the nation’s acknowledged experts in the finance, restructuring, and asset management of multifamily residential properties. He also served as its CEO. Throughout his career, David has been a pioneer in both private transactions and government policy innovations, having created business lines in acquisition of existing affordable housing, financial recapitalization, debt restructuring, equity takeout and renewed affordability. He has provided high-quality analysis to Congress, the Millennial Housing Commission, CBO, HUD and others, and was a principal member of the 1996 Senate mark-to-market working group. David graduated from Harvard University. – caspartners-services-financial

CAS Property Management Services – Riverstone Residential (Riverstone)

Through CAS Partners, Riverstone gains the financial strength and expansive collection of supporting products and services enabling our clients’ success every day. Riverstone has built its leading-edge service structure through strategic leadership, financial strength and national scale. – caspartners-services-property-management

Riverstone Residential

Riverstone Residential is the flagship brand of CAS Partners, which was formed to provide an all-inclusive range of real estate services including property management, construction management, credit and collections, financial advisory and insurance, purchasing and utility services. – Riverstone Residential (CAS Property Management Services)

Riverstone Residential – Financial Advisory

In slow or dire economic times, it’s comforting to know your financial service provider is watching out for your assets. CAS Financial Advisory Services offers property owners a way to enhance your financial performances, economic value, physical condition, affordability and resident quality of life.

We help you protect or enhance your position, manage risks, grow and improve your portfolio, and design and fund improved programs. CAS Financial Advisory Services is able to revive distressed assets through complex asset valuation, fairness, and portfolio evaluation services.

By creating a custom-designed solution for your business needs, we can restructure finances to improve your cash flow. We are a team composed of dedicated financial analysts, asset managers and policy experts — and it’s our goal to manage your assets so you realize the best return on your investment.

For more information contact David Smith at dsmith@casfas.com. – riverstoneres-financial

Jefferson Lakes Apartments

Jefferson Lakes is truly a place to call home, offering you comfort, convenience, and casual sophistication.  Our beautiful floor plans were carefully designed with spacious living areas and a variety of convenient advantages perfectly suited for every taste.

Jefferson Lakes offers unsurpassed amenities including lighted tennis courts, three sparkling pools and a lake ready for a family picnic or a day of fishing.

Enjoy the resort style living you deserve.

There’s a perfect home for you at Jefferson Lakes. – jeffersonlakes.riverstoneres.com

Toxic Mold Infested Jefferson Lakes Apartments

Go to Katy’s Exposure for documented reports on mold (with more to come) and obvious evidence that Riverstone Residential is aware of and continues to lease these toxic apartments.

Jefferson Lakes is an example for this statement – “When we make mistakes, and we have made many, they stand as grim monuments to past theories about how people should behave rather than how they do behave. Doctors bury their mistakes. We foreclose ours. Sometimes we implode them, level them and start from scratch.”

And what about this statement – “…Seeing it done badly, seeing money lost and people suffering, infuriates me. The residents deserve better. The taxpayers deserve better. We all deserve better.”

Would “people suffering” include those poisoned, now being poisoned, and those who will be poisoned???  katy

Posted in Environmental Health Threats, Louisiana Housing Finance Agency, Mold and Politics, Mold Litigation, Riverstone Residential, Toxic Mold | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Louisiana – Corruption spreads & infests the judicial system like toxic mold

To protect certain interests, judges in Louisiana (even at the expense appearing ignorant) will determine – even though FACTS prove otherwise – that there are NO scientific or medical authorities which even establish a general causal relationship between molds and human health.

This is a guaranteed conclusion ESPECIALLY if you are the unfortunate victim of an exposure to toxin producing molds at abnormal concentrations in an apartment leased to you.  And even though you know the facts, and even if you are sick and your baby is sick and all of your possessions are now covered and being consumed by the mold – you will pay for that apartment even if you have to leave and pay to live somewhere else.  If you can’t afford to do that then you can stay in your toxic apartment and pay to be poisoned. 

Lots of people have toxic investments that produce good income and these must be protected.  katy

By ALLEN M. JOHNSON JR
Advocate – New Orleans bureau
Mar 31, 2009

Court upholds rejection of housing mold lawsuit

NEW ORLEANS — A federal appeals court has let stand a lower court ruling dismissing a $1.1 million civil suit by two women who blamed their health problems on “toxic mold” found in their Slidell apartment.

In a decision published late Friday, a three-judge panel of the 5th U.S. Circuit Court of Appeals concluded that Judge Carl J. Barbier of the federal Eastern District of Louisiana at New Orleans did not err July 17 when he threw out a suit by Heather Jenkins and Melissa Dawn McKee, former tenants of Unit 1103 of the Greenbrier Estates apartments at Slidell.

Judge Barbier also correctly rejected the testimony of three witnesses for the two women — Chester J. Doll, Johnny Belenchia and Ernest D. Lykissa — who failed to meet federal court standards for expert testimony, the 5th Circuit opinion stated.

Without the expert testimony, the 5th Circuit ruling stated, Jenkins and McKee “obviously had insufficient evidence to pursue their claims” against the defendants: Slidella, LLC and Sizeler Real Estate Management Co. Inc and Flournoy Construction Co. LLC. Slidella and Sizeler owned and operated the unit, built by Flournoy.

Jenkins and McKee lived at the apartment from Feb. 1, 2004, through July 2004.

Mold was detected both before and after the women occupied the unit, according to an appellate filing by the defendants’ attorney, William L. Brockman, of Metairie.

However, Brockman’s brief argued that the defense presented “ample evidence, and the District Court agreed, that there are no medical or scientific authorities which even establish a general causal relationship, much less a specific causation” between mold exposure and “injurious consequences to human health.”

He added that Jenkins and McKee broke their lease and vacated Unit 1103 based on their “unfounded concerns” about mold.

2theadvocate.com

Posted in Environmental Health Threats, Louisiana Housing Finance Agency, Mold and Politics, Mold Litigation, Riverstone Residential, Toxic Mold | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment