Asbestos and the law (United States)

Asbestos and the Law (United States) refers to the legal framework surrounding the use, regulation, and litigation of asbestos in the United States. Asbestos, a group of naturally occurring fibrous minerals, has been widely used in various industries for its durability, heat resistance, and insulating properties. However, asbestos exposure has been linked to several serious health conditions, including asbestosis, lung cancer, and mesothelioma, a rare form of cancer primarily affecting the lining of the lungs or abdomen.

History

The history of asbestos regulation and litigation in the United States can be traced back to the early 20th century when the harmful effects of asbestos exposure began to emerge. Despite early evidence of health risks, widespread use of asbestos continued into the 1970s. The first landmark asbestos-related lawsuit was filed in 1966, marking the beginning of asbestos litigation in the United States.

Regulation

Federal regulation of asbestos began in earnest with the passage of the Clean Air Act in 1970, which classified asbestos as a hazardous air pollutant. Subsequent legislation, including the Toxic Substances Control Act (TSCA) and the Occupational Safety and Health Administration (OSHA) regulations, further restricted the use of asbestos and established exposure limits to protect workers.

Litigation

Asbestos litigation has become one of the longest and most expensive mass torts in U.S. history. Initially, lawsuits were filed against asbestos manufacturers and employers for failing to protect workers from asbestos exposure. Over time, litigation expanded to include property owners, asbestos removal contractors, and companies that used asbestos in their products.

The legal landscape of asbestos litigation has evolved over the years, with courts adopting various approaches to manage the large number of claims. Some jurisdictions have established asbestos dockets to handle these cases more efficiently. Additionally, many companies have established asbestos trust funds to compensate victims of asbestos-related diseases.

Current Status

Today, the use of asbestos is heavily regulated in the United States, but it has not been completely banned. The Environmental Protection Agency (EPA) continues to oversee asbestos use and removal, ensuring compliance with federal laws and regulations. Asbestos litigation remains active, with new cases being filed by individuals diagnosed with asbestos-related conditions.

See Also

• Mesothelioma
• Occupational Safety and Health Administration
• Environmental Protection Agency
• Asbestos trust fund

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