The U.S. Environmental Protection Agency (EPA) recently asked a California federal judge to trim claims in a lawsuit regarding asbestos laws.

The plaintiffs in the asbestos lawsuit, led by the Asbestos Disease Awareness Organization and other consumer advocates, aim to force the EPA to enact stricter laws pertaining to the known carcinogen to protect employees and consumers from asbestos exposure.

The lawsuit was reportedly prompted by the EPA’s denial of the organizations’ petition to require importers, manufacturers, and processors to provide more information about the asbestos they use. The groups wanted these entities to report how much asbestos they use, how the asbestos products are used, and what risk the products pose to workers and the general public.

The groups brought claims against the EPA under the Administrative Procedure Act (APA) and the Toxic Substances Control Act (TSCA). Although the APA and TSCA provide similar protections, the plaintiffs included claims under both acts in their asbestos lawsuit, as risks from exposure still exist after decades of regulation.

EPA Counter Argument

The EPA recently argued against the plaintiffs’ claims, saying they were not allowed to bring claims under both the APA and the TSCA. Because they have already brought claims under one law, the agency argues, they do not have cause to bring claims under the second law.

“Plaintiffs’ attempt to have two bites at the apple by bringing an APA claim in addition to their TSCA claim is not permitted,” the EPA wrote in their brief. “The APA provides for district court review of ‘final agency action for which there is no other adequate remedy in a court.'”

The agency stressed that they are not attempting to completely dismiss the claims. Instead, the EPA argues that the plaintiffs are not allowed to double up on their claims.

“EPA is not arguing that denial of plaintiffs’ petition is wholly unreviewable,” the agency noted. “Rather, and consistent with the text of the APA, TSCA section 21(b)(4) provides adequate procedures for district court review of petition denials submitted under section 21(a), thus barring a simultaneous cause of action under the APA.”

What is Asbestos?

Asbestos is a naturally occurring mineral that was previously used in many products due to its natural resistance to heat, corrosion, and other damage. However, it has been revealed that asbestos is a carcinogen – meaning that it can cause cancer. As such, use of the substance has usage laws dictated by the Occupational Safety and Health Administration (OSHA).

Exposure to the mineral has a long latency period, meaning that people may not get sick for years to decades after they inhale or ingest microscopic asbestos fibers. These small fibers are reportedly hard for the body to expel and they can cause cellular damage over time.

Asbestos has been linked to cancers such as lung cancer and mesothelioma, which is a cancer that affects the organ linings found in the body. Due to this latency period, treatment options for mesothelioma and asbestos-related lung cancer are often too little, too late.

Although asbestos is heavily regulated by the EPA, it is not completely banned in the United States. In April 2019, the EPA slightly increased its regulations by ruling that asbestos products not on the market cannot return to the market without being evaluated by the agency. However, the Asbestos Disease Awareness Organization has argued that the agency should push for stricter asbestos laws and regulations to protect consumers from the carcinogen.

The EPA Asbestos Lawsuit Case No. 3:19-cv-00871, in the U.S. District Court for the District of Northern California.