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Corrosion Proof Fittings v. EPA
United States Court of Appeals for the Fifth Circuit
947 F.2d 1201 (5th Cir. 1991)
Corrosion Proof Fittings and others (plaintiffs) filed a petition in federal court challenging an Environmental Protection Agency (EPA) (defendant) final rule prohibiting future manufacture, importation, processing, and distribution of asbestos in almost all products under the Toxic Substances Control Act (TSCA). The EPA’s rationale behind the outright ban was that any occupational exposure to asbestos, a toxic material, could lead to a host of health-related illnesses including cancer. The agency’s rule would save three lives over the course of 13 years and at an approximate cost of $128-277 million. Plaintiffs argued that the rule was not promulgated pursuant to the requirements of TSCA.
Rule of Law
Holding and Reasoning (Smith, J.)
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