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In July 1989 the EPA issued the Asbestos Ban and Phase-Out Rule, which would have been a total ban on asbestos. The incredibly conservative 5th Circuit Court of
by mandevil 3y ago
In July 1989 the EPA issued the Asbestos Ban and Phase-Out Rule, which would have been a total ban on asbestos. The incredibly conservative 5th Circuit Court of Appeals ruled in 1991 that ban was invalid in Corrosion Proof Fittings v. Environmental Protection Agency, because the EPA failed to show that it was the "least burdensome alternative" in regulating asbestos. The George HW Bush administration chose not to appeal the ruling.
Over the past three decades the EPA believes it has finally done the work to show that this ban is the "least burdensome alternative," but there is no guarantee that the courts will agree this time either. The politicization of the judiciary is not new, certainly, but seems to have gotten worse over the past three decades.
- rodgerd 3y ago> 5th Circuit Court of Appeals Ah yes. Well-known for its general view that the United States is a diktat-by-judge, and that mere laws are irrelevant.
- EasyMark 3y agoThe 5th circuit has become a joke over the past decade or so. I'm sure all the other circuits refer to it as a way on how not to conduct themselves.
- Thorrez 3y agoAccording to the article, this ban is "thanks to amendments that Congress made in 2016 to fix the Toxic Substances Control Act". Wouldn't a change in law override the judges? (Unless the judges based their ruling on the constitution, which doesn't sound like the case here.)
- sidewndr46 3y agoIn this case, likely yes
- happytiger 3y agoTo be clear, hell yea it would.
- hackernewds 3y agowhat the hell is wrong with specifically the 5th Circuit Court? they're in the news now too because the SC is fed up with their right leaning rules