Court of appeal rejects U.S. ban on asbestos

A decision by the U.S. court of appeals to strike down a ban by the U.S. Environmental Protection Agency (EPA) on asbestos marks a significant step in controlling, rather than banning outright, a dangerous substance, said Michel Gratton, president of the lobby organization The Asbestos Group which is headquartered here.

And the court decision, Gratton said, has a symbolic importance around the world because the environmental legislation of the U.S. is often followed by other countries. “We at least have a fighting chance that the only morally acceptable policy of dealing with toxic substances (will be) a controlled-use approach rather than a ban,” he said.

Gratton said at a news conference that despite the decision, Quebec will never achieve past levels of asbestos exports to the U.S.

Canada is the world’s second largest producer of asbestos, with 90% of the industry situated in Quebec.

Quebec’s asbestos industry, nationalized in the early 1980s by the then ruling Parti Quebecois government, employs 2,500 people today compared with 8,000 two decades ago. Quebec’s exports of the mineral have fallen from 1.4 million tons in 1979 to about 525,000 tons (worth $250 million) today, with about 60,000 tons of that amount going to the U.S.

Representing the asbestos industry, Jean Dupere, president of producer LAB Chrysotile, said the court decision will likely instill confidence in the long-term future of the asbestos mining industry in Canada. He added that the decision ensures the stability of asbestos exports will be maintained, as other countries will not be tempted to follow the EPA route. The appeals court in New Orleans struck down an EPA ban imposed in 1989 on the manufacture, import and use of asbestos. The ban was ordered amid growing evidence linking exposure to asbestos to such afflictions as lung disease and cancer. The appeals court said more evidence is needed to support the ban, which was scheduled to go into full effect in 1996.

Timothy Hardy, a Washington, D.C.-based lawyer representing The Asbestos Institute, said it could be weeks or months before the EPA announces what it intends to do about the decision.

The EPA, the only party with a right to request the decision be reviewed, can either ask for a reconsideration within two weeks or appeal to the U.S. Supreme Court within 90 days.

Clement Godbout, secretary general of the Quebec Federation of Labour, said it must be proved other products are safer before asbestos is replaced. He said that industry, labor and government have worked relatively well to ensure workers’ safety in asbestos mines, although he added that there is room for improvement.

Godbout said the court decision means the difference between maintaining the status quo in the industry or closing down entirely.