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Advocacy Groups and Plaintiffs’ Experts Launch Two Challenges to EPA’s Asbestos Risk Evaluation – Are EPA Settlements Possible? Thursday, February 25, 2021
On January 26, 2021, a coalition of advocacy groups and prominent asbestos plaintiffs’ experts launched two challenges to “Part 1” of the asbestos risk evaluation recently released by the United States Environmental Protection Agency (EPA). EPA concluded in Part 1 that 16 of the 32 “conditions of use” analyzed pose an “unreasonable risk” to human health, but advocacy groups have criticized EPA for only addressing risks associated with chrysotile asbestos and excluding review of other fiber types. Now, those groups have teamed up on a pair of legal challenges that could force EPA to revisit its Part 1 asbestos risk evaluation, which could delay risk management regulations.
Tuesday, December 29, 2020
A federal court has ordered EPA to make extensive changes to its Chemical Data Reporting rule (CDR) with respect to asbestos reporting. While the ruling in
ADAO v. Wheeler is limited to CDR reporting of asbestos, it sets the stage for targeted reporting requirements by manufacturers and possibly processors for other substances being considered for prioritization or that are the subjects of risk evaluations. Such requirements might include elimination of the exemptions for substances in articles or present only as impurities and reporting by processors. It will be up to the incoming Biden Administration to decide whether to appeal the decision to the Ninth Circuit or to conduct rulemaking, at least for asbestos.
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A federal court has ordered EPA to make extensive changes to its Chemical Data Reporting rule (CDR) with respect to asbestos reporting. While the ruling in
ADAO v. Wheeler is limited to CDR reporting of asbestos, it sets the stage for targeted reporting requirements by manufacturers and possibly processors for other substances being considered for prioritization or that are the subjects of risk evaluations. Such requirements might include elimination of the exemptions for substances in articles or present only as impurities and reporting by processors. It will be up to the incoming Biden Administration to decide whether to appeal the decision to the Ninth Circuit or to conduct rulemaking, at least for asbestos.
Judge Rules EPA Must Tighten Asbestos Data Collection
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Written By: Tim Povtak,
Last modified: January 7, 2021
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United States District Judge Edward Chen has ordered the Environmental Protection Agency to improve its data collection on the amount of asbestos and asbestos products that are coming into the country.
SAN FRANCISCO (CN) Rejecting the U.S. Environmental Protection Agency’s position that it has everything it needs to assess the risk posed by asbestos, a federal judge on Tuesday ordered the agency to start collecting more data on how much is made, imported and put into U.S. products.
“EPA has not articulated a satisfactory explanation for its decision not to use its significant enforcement powers to collect information from companies concerning asbestos-related health risks,” U.S. District Judge Edward Chen wrote in a 36-page ruling.
In fighting a lawsuit over the agency’s refusal to close asbestos-reporting loopholes, the Trump administration had argued that voluntary reporting by manufacturers, processors and importers provided adequate data for a required chemical risk review that started in 2016.