Current Asbestos Litigation
For decades, individuals on both sides of the asbestos issue have been arguing the pros and cons of the toxic mineral and fighting over the responsibilities of asbestos product manufacturers and those who sold their products towards the people of the United States who were exposed to the dangerous substance and have become sick or died.
It was nearly 40 years ago that the plight of asbestos sufferers first came before the Congress and in the decades that followed, numerous bills aimed at protecting workers from dangerous asbestos or providing compensation for those affected have been introduced and have come and gone.
In 2003, the Fairness in Asbestos Injury Resolution Act was passed by the Senate Judiciary Committee. Without making use of taxpayer dollars, this bill would "establish a national trust fund privately financed by asbestos defendant companies and insurers." It was closely followed by the Fairness in Asbestos Injury Act of 2005 which would require asbestos companies to pay into a fund with which victims would be compensated. The act would potentially block lawsuits.
Finally, in October 2007, with the help of Washington's Senator Patty Murray (D), the United States Senate unanimously passed a bill to ban asbestos. Proponents say this is the closest they've ever gotten to bringing such legislation to fruition. The bill would "prohibit the importation, manufacture, processing and distribution of products containing asbestos." The ban covers the 6 regulated forms of asbestos and 3 durable fibers. It would be the responsibility of the Environmental Protection Agency (EPA) to issue rules to ensure asbestos products are off the shelves within 2 years of the bill's enactment.
The bill would also create a $50 million Asbestos-Related Disease Research and Treatment Network, a National Asbestos-Related Disease Registry, and would direct the Department of Defense to conduct additional research on mesothelioma, a disease which has affected hundreds of U.S. naval veterans. It would also launch a public awareness campaign about the dangers of asbestos.
However, activists that fought so hard to have this bill pass through the Senate have said that they no longer back the bill because of changes made under pressure by asbestos industry lobbyists. For example, the bill "exempts products that are no longer in the stream of commerce or that are in the possession of an end user." It also gives the Department of Defense and NASA the right to seek exemptions to the law.
The bill must pass through the House of Representatives before it becomes law. No specific date is currently set for that action.