Corrosion Proof Fittings v. EPA

Corrosion Proof Fittings v. EPA is a 1991 federal appeals court decision that struck down most of the EPA's 1989 rule banning asbestos. The Fifth Circuit found the EPA had not adequately justified a near-total ban under the Toxic Substances Control Act. As a result, asbestos was never fully banned in the United States, and many products remained legal.

Origin

The case was decided by the U.S. Court of Appeals for the Fifth Circuit in 1991. It was brought by asbestos product manufacturers challenging the EPA's Asbestos Ban and Phaseout Rule.

Significance in Asbestos Context

This decision is a big reason asbestos is still not fully banned in the United States, which surprises many patients. It meant asbestos-containing products kept entering workplaces and homes long after the dangers were well known, extending exposure for a generation of workers and their families. For someone diagnosed today, it helps explain why exposure may have continued into the 1990s or later, and why manufacturers, not just old products, remained sources of harm. The ruling is part of the regulatory-failure backdrop that supports holding product makers accountable rather than assuming the government had already cleared asbestos from the market.

Example Sentence

When his lawyer explained Corrosion Proof Fittings v. EPA, he finally understood why the pipe products he handled in 1994 still contained asbestos.

Related Terms

Toxic Substances Control Act, EPA, Asbestos Ban and Phaseout Rule, Government Regulations, Regulatory Failure

Notes

• If your exposure ran into the 1990s or later, note that legal asbestos products explain it, and document the products and dates.
• Ask your attorney how continued post-ruling sales affect claims against specific manufacturers.
• Preserve product packaging, invoices, or labels from later exposures, because they establish that asbestos-containing goods were still in use.