Groups Sue EPA For Failing
to Protect Children from Rat Poisons
November 11, 2004 — By Natural Resources Defense Council
Tens of Thousands of Children — Mostly Latino and African-American — Are
Poisoned Annually
WASHINGTON (November 9, 2004) — The Environmental Protection Agency has failed
to protect children from exposure to chemical rat poisons, according to a
lawsuit filed today by West Harlem Environmental Action (WEACT) and the Natural
Resources Defense Council (NRDC). The groups filed the lawsuit in federal
district court in New York City.
The agency introduced safety regulations in 1998 that would have protected
children from the poisons, but it revoked those regulations in 2001. Tens of
thousands of children are poisoned every year; African-American and Latino
children suffer disproportionately.
"The EPA is allowing the chemical industry to continue to sell rat poisons
without adding ingredients that would protect children," said Aaron
Colangelo, an NRDC attorney. "There is an easy and effective solution to
the problem, but the agency sided with industry instead of our kids."
In 1998, when the EPA determined that rat poison exposures are an unreasonable
health risk in violation of federal pesticide laws, it refused to approve rat
poisons unless manufacturers included two safety measures to protect children:
an ingredient that makes the poison taste more bitter and a dye that would make
it more obvious when a child ingested the poison. In 2001, however, EPA revoked
the safety regulations, announcing that it "came to a mutual agreement with
the rodenticide [manufacturers] to rescind the bittering agent and indicator dye
requirements."
The number of reported child poisonings has increased annually since EPA's
policy reversal, according to Poison Control Center data. Every year more than
15,000 children under age six accidentally eat rat poisons, and several hundred
require hospitalization. Poisoned children can suffer from internal bleeding,
bleeding gums, and anemia, and can go into a coma.
Rat poisons harm children in all communities, but African-American and Latino
children and children living below the poverty level suffer a disproportionate
risk. In New York state, for example, 57 percent of children hospitalized for
rodenticide poisoning are black, although only 16 percent of New York state's
population is black; 26 percent of hospitalized children are Latino, although
Latinos comprise only 12 percent of the state's population; and 17.5 percent of
the children hospitalized are below the poverty level, although children living
below the poverty level comprise only 13 percent of the state's population.
Studies have found that the safety measures do not undermine the effectiveness
of the rat poisons. One manufacturer already includes a bittering agent in a
leading rat poison sold in the United States because it is required in other
countries, and has found it to be equally effective at killing rats as poisons
without the bittering agent.
"There is no tradeoff between more child poisonings on the one hand and
more rats on the other," said Veronica Eady, general counsel for WEACT.
"These basic safety measures would protect children without making the rat
poisons less effective at killing rats."
Millions of pounds of rat poisons are applied nationally every year. In New York
City, for example, rat poisons are used heavily in public housing, public
schools and city parks. Some 800 pounds of these rat poisons were used in the
General Grant Houses in West Harlem in 2000 alone, and the same rat poisons were
used in nearby Morningside Park, as well as two elementary schools in the same
neighborhood. As a result, children living in the General Grant Houses - and
likely in other areas of the city - may be exposed to these rat poisons at home,
at school and in local parks.
WEACT and NRDC are filing the lawsuit to challenge EPA's reversal of the child
safety measures. The groups charge EPA's policy reversal violates the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Administrative
Procedure Act.
The Natural Resources Defense Council is a national, nonprofit organization of
scientists, lawyers and environmental specialists dedicated to protecting public
health and the environment. Founded in 1970, NRDC has more than 1 million
members and e-activists nationwide, served from offices in New York, Washington,
Santa Monica and San Francisco. For more information visit our website, www.nrdc.org
or contact Aaron Colangelo or Elliott