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Corrosion Proof Fittings v. EPA

United States Court of Appeals for the Fifth Circuit

947 F.2d 1201 (1991)

Relevant factsFree

The EPA (defendant) issued a rule banning nearly all future manufacture, import, and use of asbestos, estimating the ban would save only three lives over 13 years at a cost of $128-277 million, and without considering lesser alternatives such as warning labels or exposure controls; industry challengers (plaintiffs) argued the rule wasn't promulgated consistently with the statute's requirements.

IssueFree

Whether the Toxic Substances Control Act requires that the Environmental Protection Agency have a reasonable basis to conclude that asbestos presents an unreasonable risk and that the agency chose the least burdensome regulation to protect against such a risk.

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