It seems as if the new TSCA legislation is destined to pass, despite Rand Paul’s questions. Therefore, one has to wonder whether we are going to see new action from EPA on asbestos, and if so, what the action(s) look like. Might we see some further efforts to compile more data on what’s actually happening out in the workplace? Might we see orders to compile and submit information on research on mechanisms of action? Will the “most vulnerable” standard cause regulators to explore or account for persons who appear to be more susceptible to cancer due to mutations in tumor suppressor genes or other genes? Could we even see a new agency effort to ban all asbestos? “Talc” ? Other fibers?
Over time, any or all of those actions could have flow through impacts for the underlying litigation. Interesting times may well lie ahead, for fibers and other products with chemical components.