Blog Post | 114 KY. L. J. ONLINE | March 12, 2026
An Invisible Killer: Radon Exposure and Kentucky’s Lack of Regulation
By: Maiah Cisco, Staff Editor, Vol. 114
Kentucky has the highest rate of new lung cancer rates in the nation.[1] “The rate of new lung cancer cases per 100,000 people in Kentucky is 84.1, [which is] significantly higher than the national rate of 52.8.”[2] While smoking is often cited as the primary explanation for the Commonwealth’s high lung cancer rates, it is not the whole story.[3] An invisible killer, radon, is the second leading cause of lung cancer in the United States and the leading cause among nonsmokers.[4]
“Radon forms naturally” when radioactive metals such as “uranium, thorium, and radium . . . break down in rocks, soil, and groundwater.”[5] As the gas is released, it can seep into homes and buildings through cracks in foundations and other structural openings.[6] Classified as a “Class A” carcinogen, radon poses a serious health risk when inhaled.[7] Radioactive particles from radon decay can become trapped in the lungs, potentially developing into cancer.[8] Because radon exposure occurs predominately in homes, which is where the majority of people spend their time, it presents a particularly dangerous risk of developing lung cancer.[9]
Kentucky naturally has one of the highest average radon levels in the country due to the state’s geological makeup.[10] In fact, the average indoor radon test level in Kentucky is around 7.4 pCi/L, which is significantly higher than the national average of 1.3 pCi/L.[11] Although there is no safe level of exposure to radon,[12] the Environmental Protection Agency (“EPA”) recommends homeowners to consider “fixing their home”[13] when radon levels fall “between 2 pCi/L and 4 pCi/L.”[14] Kentucky’s radon levels clearly exceed the EPA’s threshold for recommended action.[15]
Despite the alarming cancer rates and elevated radon levels, Kentucky does not require new residential or public buildings to incorporate radon resistant construction techniques, and there are no comprehensive federal regulations mandating any preventative measures nationwide.[16] Current legal protections in Kentucky are limited primarily to professional licensing requirements for radon mitigating businesses and disclosure obligations during real estate transactions.[17] The current laws take a reactive approach rather than a proactive approach to saving lives in the Commonwealth.
Lung cancer often takes years to develop, and once diagnosed, the disease is frequently in an advanced stage that is too difficult to treat effectively.[18] Simply breathing—one of the most basic human functions—can lead to a silent but excruciating death. This reality in conjunction with the late onset of lung cancer symptoms and the unknown exposure to this deadly gas make clear that it is critical “to take steps to reduce radon exposure [in order] to help prevent lung cancer.”[19] Unlike smoking, which is a personal choice, radon exposure is largely involuntary and reducible only through routine testing and mitigation.[20] While testing and mitigation is an option, it does not prevent radon from sneaking into one’s home.[21] Instead, preventative construction measures can significantly reduce radon entry from the outset and provide continuous protection throughout a building’s lifespan.[22]
A more proactive solution is to require radon resistant new construction in all newly built structures, including residential homes and public housing developments. Some basic radon resistant construction techniques include constructing a gas permeable layer, plastic sheeting, sealing and caulking, vent piping, and junction boxes.[23] Radon resistant construction techniques can vary in cost and effectiveness.[24] But it is a significant selling point that “[t]he cost to the builder of including [radon resistant] features is typically less than the cost to mitigate the home after construction.”[25] Beyond financial considerations, the value of saving lives is immeasurable.
Several states have already recognized the importance and feasibility of radon preventative construction techniques by implementing laws that require radon resistant construction in certain buildings.[26] Kentucky, a state with consistently high radon levels and the nation’s highest rate of new lung cancer cases, has strong reason to adopt similar preventative measures.[27]
Requiring radon resistant construction in all new residential homes and public housing would attack radon exposure at its core. By addressing radon risks at the time of construction, Kentucky can proactively protect its current and future residents from the deadly long-term consequences of radon exposure by taking meaningful steps toward a healthier Commonwealth.
[1] New Report: Kentucky Worst in Nation for New Lung Cancer Cases, 2nd Worst for Adults Who Smoke; Among Leaders in High-Risk Screening and Shows Progress in Incidence, Survival and Early Diagnosis, Am. Lung Ass’n (Nov. 4, 2025), https://www.lung.org/media/press-releases/fy26-solc-kentucky.
[2] State of Lung Cancer, Am. Lung Ass’n (Oct. 29, 2025), https://www.lung.org/research/state-of-lung-cancer/states/kentucky.
[3] See New Report: Kentucky Worst in Nation for New Lung Cancer Cases, 2nd Worst for Adults Who Smoke; Among Leaders in High-Risk Screening and Shows Progress in Incidence, Survival and Early Diagnosis, supra note 1.
[4] Radon and Your Health, CDC (Feb. 16, 2024), https://www.cdc.gov/radon/about/index.html; Radon and Cancer Risk, Am. Cancer Soc’y (Jan. 16, 2026), https://www.cancer.org/cancer/risk-prevention/radiation-exposure/radon.html; Health Risk of Radon, U.S. Env’t Prot. Agency (last updated Nov. 19, 2025), https://www.epa.gov/radon/health-risk-radon (noting that radon is the leading cause for lung cancer in people who do not smoke); Rick Childress, UK Researchers Expand Access to Radon Mitigation in Kentucky with $2.6 Million Grant, Univ. of Ky. Rsch. (Nov. 13, 2024), https://research.uky.edu/news/uk-researchers-expand-access-radon-mitigation-kentucky-26-million-grant.
[5] Childress, supra note 4; What is Radon, U.S. Env’t Prot. Agency (Oct. 14, 2025), https://www.epa.gov/radon/what-radon.
[6] Childress, supra note 4; What is Radon, supra note 5.
[7] How Long Does It Take for Radon to Give You Lung Cancer?, Radon Elimination (Oct. 8, 2019, 15:37), https://www.radoneliminator.com/blog/radon-to-give-lung-cancer.
[8] Radon and Your Health, supra note 4.
[9] Stacy R. Stanifer and Ellen J. Hahn, Analysis of Radon Awareness and Disclosure Policy in Kentucky: Applying Kingdon’s Multiple Streams Framework, 21 Pol’Y Pol. & Nursing Prac. 132, 132–33 (2021); How Long Does It Take for Radon to Give You Lung Cancer?, supra note 7.
[10] See Childress, supra note 4; Am. Lung Ass’n, Radon Testing Disparities: Kentucky 6 (2022); State of Lung Cancer, supra note 2.
[11] Jordan Stiles, Radon Risk in Lexington KY Homes, Protect Env’t (June 26, 2024), https://www.protectenvironmental.com/radon-risk-in-lexington-ky-homes/#:~:text=Radon%20has%20become%20a%20serious,your%20home%20or%20commercial%20building; J. Guan, Understanding US Radon Levels by State: Is Your Home at Risk?, Our Cancer Stories (2026), https://www.ourcancerstories.com/lung-cancer/cancer-risk/radon-action-level-in-US; What is EPA’s Action Level for Radon and What Does It Mean?, U.S. Env’t Prot. Agency (Nov. 12, 2025), https://www.epa.gov/radon/what-epas-action-level-radon-and-what-does-it-mean.
[12] What is EPA’s Action Level for Radon and What Does It Mean?, supra note 11.
[13] Radon Control in New Home Construction, Env’t L. Inst. (2025), https://www.eli.org/buildings/radon-control-new-home-construction.
[14] What is EPA’s Action Level for Radon and What Does It Mean?, supra note 11.
[15] Stiles, supra note 11.
[16] What are the Standards and Regulations for Environmental Radon Levels?, Agency for Toxic Substances and Disease Registry (May 26, 2023), https://archive.cdc.gov/www_atsdr_cdc_gov/csem/radon/standards.html; see Ky. Rev. Stat. Ann. § 309.440 (LexisNexis 2026) (noting that there are no specific regulations concerning the mitigation of radon).
[17] Wilson Sebastian, Are There Laws About Radon Testing in Kentucky?, Radon Delete (Feb. 15, 2025), https://radondelete.com/blog/are-there-laws-about-radon-testing-in-kentucky/; Stanifer & Hahn, supra note 9; see Ky. Rev. Stat. Ann., supra note 16.
[18] Radon and Your Health, supra note 4.
[19] Id.
[20] Id.
[21] Id.
[22] Radon-Resistant Construction Basics and Techniques, U.S. Env’t Prot. Agency (Aug. 15, 2025),
https://www.epa.gov/radon/radon-resistant-construction-basics-and-techniques.
[23] Installing Radon-Resistant Features, Kan. State Univ. https://sosradon.org/rrnc-install (last visited Mar. 9, 2026).
[24] Radon-Resistant Construction Basics and Techniques, supra note 23.
[25] Id.
[26] Does Your State Require Radon Testing, RadonResources (Jan. 25, 2021),
https://radonresources.com/blog/does-your-state-require-radon-testing/; Elizabeth Ann Geltman Glass & Nichole LeClair, Pol’y Surveillance Program (2017) https://legacy.lawatlas.org/datasets/state-radon-laws; Building Codes and Standards, Indoor Env’t Ass’n https://aarst.org/building-codes-standards/ (last visited Mar. 7, 2025).
[27] New Report: Kentucky Worst in Nation for New Lung Cancer Cases, 2nd Worst for Adults Who Smoke; Among Leaders in High-Risk Screening and Shows Progress in Incidence, Survival and Early Diagnosis, supra note 1; see Childress, supra note 4.