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Originally published Monday, February 1, 2010 at 3:44 PM

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Environmental group to sue over Midway Atoll paint

The Center for Biological Diversity has filed a notice of intent to sue the U.S. Fish and Wildlife Service for allegedly failing to clean up toxic, lead-based paint at federal facilities on Midway Atoll.

The Associated Press

HONOLULU —

The Center for Biological Diversity has filed a notice of intent to sue the U.S. Fish and Wildlife Service for allegedly failing to clean up toxic, lead-based paint at federal facilities on Midway Atoll.

The group said Monday that the paint kills up to 10,000 Laysan albatross chicks each year and also threatens the endangered Laysan duck. It says the inaction violates the Migratory Bird Treaty Act, Endangered Species Act, and Resource Conservation and Recovery Act.

In response to the filing, U.S. Fish and Wildlife Service spokeswoman Barbara Maxfield said the agency began cleaning up the lead-based paint at Midway Atoll around 2005.

She says $1.5 million has been spent so far to remediate 24 of 95 buildings that contain lead-based paint.

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