Revisiting Asbestos-Contaminant Exposure, Regulation, and Reckoning: When Death is in the Air

Abstract

Amphibole and tremolite are related forms of contaminant asbestos that are extremely toxic in nature. However, the U.S. Environmental Protection Agency (EPA) has not specifically listed these asbesti-forms in the Clean Air Act (CAA) or its implementing regulations because they are not commercially produced. This exclusion is difficult to justify in light of the well-established link between exposure to these contaminants and asbestos-related disease. This Note discusses the regulatory loophole created by the current CAA regulatory scheme and uses the pending criminal action against W.R. Grace & Company to expose the need for regulations in this area. This Note calls for EPA to promulgate explicit regulations on contaminant-asbestos. Absent regulatory action, this Note urges courts to interpret the CAA in accordance with congressional intent to ensure that the knowing emission of hazardous pollutants does not go unpunished.