Connecticut is the last state to join others in suing the Environmental Protection Agency (EPA) in an effort to force the federal agency to adopt a new set of rules related to asbestos. Attorney Generals from multiple states have joined in the lawsuit.
Legal Action Taken Against the EPA
The Attorney Generals of California and Massachusetts initiated the legal action by filling the lawsuit in federal court in California in late June 2019. Attorney generals from the District of Columbia, Hawaii, Maine, Maryland, Minnesota, New Jersey, Oregon and Washington quickly joined in.
This group is attempting to force the federal agency to establish a new set of rules regarding asbestos. If successful, the legal action would require the EPA Administrator to initiate a rule-making process and require the passage of a new reporting rule. The relief the Attorney Generals are seeking as part of the lawsuit includes:
- Eliminating “naturally occurring asbestos” as an existing exemption for asbestos reporting
- Requiring asbestos manufacturers, processors and importers to comply with the reporting requirements
- Requiring reporting on imported items that contain asbestos
- Collecting data on the importation and the usage of chemicals and dangerous substances
The Connecticut Attorney General recently added his name to the list in the multi-state effort to force the agency to enact rules to regulate asbestos. He said that complete data on where asbestos is processed and utilized is essential to protect the public health. He further stated that the lawsuit was filed to force the federal agency to fulfill its obligations under the law.
History of Asbestos Use
In North America, asbestos has been mined and used in various commercial applications since the late 1800s. It realized a surge of use during World War II. The substance is resistant to heat and chemical erosion. It is also affordable and durable, which are some of the reasons the substance was used in various applications including:
- Insulation
- Flooring
- Fireproofing
- Vehicle brake shoes
- Clutch pads
- Paints
- Coatings
- Ceiling materials
- Adhesives
- Plastics
In the 1970s, the U.S. Consumer Product Safety Commission banned the use of asbestos in some applications, such as for wallboard patching compounds and gas fireplaces. Then, in 1989, the EPA banned new uses of asbestos and passed regulations that required schools to routinely inspect their buildings for damaged asbestos, which can cause fibers of asbestos to become airborne and be inhaled by those in the vicinity. Several industries voluntarily agreed to stop using asbestos in their products due to potential health concerns.
Dangers of Asbestos
The most significant danger of asbestos exposure is the possibility of developing mesothelioma. Mesothelioma is a rare form of cancer that affects the thin linings of the organs in the chest. Asbestos fibers are breathed in or ingested, causing them to get trapped in the lungs. This ultimately results in scarring and inflammation and leads to serious breathing problems. Mesothelioma often takes decades after asbestos exposure before the disease is formed in the human body
Other health concerns linked to asbestos exposure include:
- Asbestosis
- Lung cancer
- Larynx cancer
- Ovarian cancer
- Pharynx cancer
- Stomach cancer
- Colorectum cancer
- Tumors
- Pleural plaques
- Pleural thickening
- Pleural effusions
- Pleuritis
- COPD
Asbestos Litigation
Due to the serious ramifications that asbestos exposure had, many companies that manufactured products made with asbestos have been sued. Many of these companies were forced into bankruptcy due to their significant liability exposure. Some of these companies formed special asbestos bankruptcy trusts to provide compensation to individuals who were negatively affected by their products. Billions of dollars are available to individuals with mesothelioma or other asbestos-related conditions. Our personal injury lawyers are familiar with mesothelioma claims and can help you pursue your share of the compensation available to individuals with mesothelioma.
