States Suing the EPA for Tighter Regulation of Asbestos:
Asbestos is a carcinogen once widely used in the United States as a fire-retardant and as insulation. When asbestos fibers are disturbed, they can be inhaled or ingested and lodge in the body permanently, leading to inflammation, scarring, and eventually cancer or other fatal asbestos-related diseases. Exposure to asbestos is the prime risk factor for mesothelioma, a cancer of the lining of the organs, including the lungs, abdomen, heart or testes.
Regulating Asbestos
Asbestos use was at its peak in the U.S. in the 1960's and 70's, but by this time the dangers of asbestos were well known. In the 1970's, Congress began to regulate and gradually restrict the use of asbestos, with a great deal of resistance from the asbestos industry. In 1989, the EPA issued the Asbestos Ban and Phase-Out Rule, banning most asbestos-containing products. Unfortunately, this rule was overturned by the U.S. Court of Appeals for the Fifth Circuit, meaning that this rule only bans new uses of asbestos introduced for the first time
after 1989
.In 2016, Congress amended the Toxic Substances Control Act (TSCA) to create a process for regulating asbestos. Ten states petitioned the EPA to create a new rule collecting data on the importation and use of asbestos in order to provide the EPA with the information it needs to regulate asbestos under the TSCA. The EPA denied the states’ petition to create further regulation and created a rule in April of 2019 that will allow the EPA to ban or restrict the use of certain asbestos products.
The Case Against the EPA
Questioning the EPA’s refusal to outright ban the use of asbestos, ten states sued. The lawsuit argues that the EPA’s denial of the petition for further rule-making is “arbitrary and capricious.” The case, filed in federal court in Oakland, California is California et al v. Environmental Protection Agency et al, N.D. Cal., No. 19-03807. Connecticut, Hawaii, Maine, Maryland, Minnesota, New Jersey, Oregon, and Washington joined California in the suit.If you or a loved one has been exposed to asbestos and gotten sick, call us with any questions. We have decades of experience helping victims of asbestos-related diseases. Call 888-910-MESO (6376) or contact us via our website at /contact/.
