PROJO Peter Lord Reports on RI SC State Brief in Lead Paint Trial

PROVIDENCE JOURNAL environmental reporter Peter Lord has been covering the landmark Rhode Island lead paint public nuisance litigation since the late 1990s.  Today, he covers the latest brief submitted by the plaintiff - that is, the state of RI - to the RI Supreme Court.  Yesterday, defendants Sherwin-Williams, Millennium Holdings and NL Industries also submitted a brief rebutting the state's request for compensatory damages.  In addition, Atlantic Richfield submitted a brief contending there were no legal grounds for the state to request overturning the acquittal verdict and having a new trial.

As Lord reports, the state's RI SC briefs are backed by amicus ones from more than 50 organizations and public health experts, including the Rhode Island Chapter of the American Academy of Pediatrics, the Alliance for Healthy Home, the Natural Resources Defense Council and the Childhood Lead Action Project.

In its response to the appeal defendants filed with the RI SC to overturn the jury verdict, the state rejected that request.  The brief, which was prepared by RI Attorney General Patrick Lynch and the private law firm of Motley Rice, argued:

"Having evaded their [the defendants'] responsibility to the state and its citizens for decades, these defendants now come before this court seeking immunity for their role in creating a public nuisance. Armed with little more than alarmist proclamations and doomsday rhetoric, they ask that this court take a bold, unprecedented step that would eviscerate over a century of established Rhode Island law.

"In one fell swoop, defendants attempt to rewrite the law of public nuisance, carving out judicial immunity for themselves and ensuring that they will never be held accountable for the consequences of their actions."

In its brief, the state also noted that the litigation had been "fierce" at times.  At one point, the state contends, there were 121 lawyers who appeared for the defendants.

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