Mercury rises as latest environmental worry

As a result of the mercury accumulation, 41 states have issued a fish advisory, either warning pregnant women and children not to eat certain species or suggesting only limited monthly consumption of some fish.

Last year, the Food and Drug Administration advised pregnant women and those of child-bearing age who might become pregnant to avoid shark, swordfish, king mackerel, and tilefish. The FDA, which before this had not made its plans public, says it will expand its mercury testing to include more fish. "In a number of species, we have enough information, and in others, we don't have enough information," says Michael Bolger, a scientist with the FDA.

Unfortunately, there is no easy way to get rid of the mercury. "If we stopped using mercury today, it would take 15 to 50 years until the levels are down so species of fish are safe to eat," says Mr. Bender.

Environmentalists who have allied themselves with some business groups would like to see federal legislation to deal with the issue comprehensively. "We'd like to see a national solution in the interest of consistency," says Robin Wiener of the Institute of Scrap Recycling Industries, which is a partner with environmentalist groups. "But in the absence of that – and we know Congress has a very full agenda – we'll do it on a state-by-state basis."

The states with legislation started their control efforts with the products that are easy to corral. For example, many states, and even some cities such as Boston and San Francisco, now ban fever thermometers that use mercury. "We have found they do break frequently," says Terri Goldberg of the Northeast Waste Management Officials' Association in Boston.

In 1997, Vermont passed legislation requiring that products from thermostats to lamps warn consumers if mercury is used. "The intent of the law was to cover as many consumer products as possible and make sure they don't get thrown into the waste treatment but get recycled instead," says Ron Shems, a former assistant attorney general in Vermont.

The National Electrical Manufacturers Association sued the state over the law, maintaining its members couldn't label products just for Vermont. Lower courts ruled in favor of the state, and last week, the US Supreme Court refused to hear the appeal, in essence validating the law.

The Alliance of Automobile Manufacturers is now considering options including litigation to try to stop Maine's new law. The legislation is "requiring us to set up a business we are not involved in: waste handling," says Greg Dana, vice president for environmental affairs at the alliance.

Mr. Dana notes that automobile companies are almost through phasing out the use of mercury switches. Only two models, the GM G-Van and an older Jeep, still use them.

The difference in cost between mercury and an alternative is minuscule, he admits. But, he says, the companies don't have any responsibility to take care of the mercury. "It's part of the car at the end of its life. That's the responsibility of the people who dismantle it."

Page: 1 | 2