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Playgrounds Constructed with Arsenic-Treated Wood

In the September 24th edition of The Buffalo News, you may have read an article about three local playgrounds which have equipment made of arsenic-treated wood. The New York Coalition for Alternatives to Pesticides is reported to have sampled the play equipment and soils at these three sites and to have found significantly elevated levels of arsenic. The Coalition attributes those levels to the arsenic-treated lumber. The article states that the Coalition urges school districts and municipalities which own wooden play equipment to conduct similar testing, and if possible, to replace such playgrounds.

With the publicity this article has brought to this issue, we expect increased attention by parents and others to the steps taken by other school districts and municipalities with such equipment to assure that it does not present a risk to their children. Any school district or municipality which owns or otherwise has responsibility for a playground constructed of arsenic-treated lumber should consider taking certain steps to protect itself from potential liability. If you wish assistance in addressing this situation, please contact Rick Kennedy (848-1407) or Paul Meosky (848-1482) of our Environmental Law Practice Group. They both have experience in dealing with issues of arsenic contamination.