In November NAHB, the National Lumber and Building Material Dealers Association, the Window & Door Manufacturers Association, and the Hearth, Patio & Barbecue Association challenged the Environmental Protection Agency’s decision to remove an opt out provision from its controversial Renovation, Repair and Painting Rule.

They argued that EPA violated procedures contained in Federal law governing how it adopts its regulations.  The court found that EPA did not violate the law in adopting the Lead Paint Rule.

However, legislation is now pending in the U.S. Congress to amend the Lead Paint Rule legislatively to, among other things, require an opt out provision.