NEW YORK, July 21 (Reuters) - A coalition of families is
asking New York City schools to immediately remove aging
fluorescent light fixtures it says are leaking a toxic
substance that may harm children's health.
The New York City Department of Education committed in
February to replacing the light fixtures over 10 years, but a
lawsuit filed by New York Communities for Change on Wednesday
in Brooklyn federal court contends that the removal time frame
is "unacceptably lax" given the "significant risks" the leaks
pose to the health of children in hundreds of schools across
the city.
In 2010, a DOE report estimated that 772 city schools were
using the light fixtures in question, parts of which contain
polychlorinated biphenyl, or PCB, according to court documents.
The U.S. Environmental Protection Agency severely restricted
the use of PCBs in 1978, declaring them a probable carcinogen
linked to developmental disruptions in children.
The DOE report included the results of a pilot study
conducted in 2009 showing that the light fixtures were leaking
PCB in amounts that were in many cases well over the EPA
threshold for PCB air levels in schools, according to the
lawsuit. In addition to the light fixtures, PCBs were also
identified in caulk used in construction materials for
schools.
Given the dangers, the city's 10-year plan to replace the
pre-1978, PCB-leaking light fixtures doesn't go fast or far
enough, according to Communities for Change, which represents
families from low- and moderate-income communities across New
York City.
TIME FRAME 'A JOKE'
Experts consulted by the plaintiffs have estimated the
replacement plan could be executed in as little as two years,
said Miranda Massie, an attorney with New York Lawyers for the
Public Interest, which represents the plaintiffs. The savings
to the city from replacing the decades-old light fixtures
should also help the city in the long run, she added.
"What's absolutely clear is that 10 years is unreasonable
and a joke," Massie said.
The plaintiffs are seeking a court order directing the city
to commit to a faster time frame for removing and replacing the
aging light fixtures. The same group also filed a lawsuit in
2009 seeking removal of the PCB-tainted caulk; that suit was
put on hold while the city conducted the pilot study that
uncovered the presence of PCB in the lighting.
Natalie Ravitz, a spokeswoman for the DOE, called the
city's $708 million plan "unprecedented" compared to other
cities experiencing the same issue with PCBs.
"While some people think we should spend more and do this
faster, we continue to believe this is an aggressive,
environmentally responsible plan that will cause minimum
disruption to student learning and generate significant energy
savings for the city and taxpayers in the long run," Ravitz
said in a statement.
The case is New York Communities for Change v. New York
Department of Education et al., in the U.S. District Court for
the Eastern District of New York, no. 11-3494.
For New York Communities for Change: Miranda Massie of the
New York Lawyers for the Public Interest.
For the DOE: Not immediately available.
(Reporting by Jessica Dye)