The U.S. Supreme Court rejected appeals from Sherwin-Williams and Congra Brands, leaving a ruling intact that requires the companies to pay more than $400 million for lead-paint remediation in California, Bloomberg reports.
Sherwin-Williams filed its appeal in an attempt to avoid payments related to a decision that the paint manufacturer ignored health damages caused by putting lead in paint. The original decision alleged that Sherwin-Williams "knew or should have known" lead paint was hazardous. The case originated when ten California cities and counties sued both Sherwin-Williams and Congra Brands, for creating a "public nuisance" by promoting lead paint.
The cities and counties said the companies and their trade associations promoted lead paint as safe well after they learned it caused irreversible neurological harm, particularly to children.
Sherwin-Williams and Conagra said they aren’t opposed to all public-nuisance suits but said the case against them goes so far it violates the Constitution’s due process and free speech clauses.
"Pegging public nuisance liability to prior product promotion offers a tempting, facile way to shift responsibility from government policymakers and budgets onto corporations," Sherwin-Williams argued.
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