The Eleventh Circuit Court of Appeals has upheld regulations under TSCA and the Lead-Based Paint Hazard Reduction Act of 1992, requiring lessors of residential property built before 1978 to put a specifically worded “Lead Warning Statement” in the property’s lease and affirmatively disclose either that lead-based paint is present on the property or that the lessor has no knowledge of such paint. Vidiksis v. EPA, No. 09-12544 (11th Cir. 7/28/10).
So ruling, the court affirmed a $97,000 penalty levied against a property owner by EPA’s Environmental Appeals Board. The property owner argued that EPA did not have authority under the Lead Hazard Act to require any specific lead paintrelated language in leases. Disagreeing, the court ruled that the lead-based paint notice and disclosure requirements were reasonable and within the scope of TSCA and the Lead Hazard Act.