Aaron Heckaman to Speak at Upcoming National Asbestos Litigation Conference

BCH Law Partner Presenting on Non-Traditional Jurisdictions and Exposures at Perrin Conference

Attorney Aaron Heckaman, a partner with Bailey Cowan Heckaman, will be presenting at the National Asbestos Litigation Conference in September. Heckaman has been enlisted to speak on non-traditional jurisdictions and exposures with a group of esteemed panelists. The conference is set to take place live at The Charleston Place Hotel in Charleston, South Carolina, this fall. 

At Bailey Cowan Heckaman, we are proud to announce the involvement of attorney Heckaman in the renowned conference. Mr. Heckaman is a highly sought-after speaker on asbestos litigation and is considered a leader in the field. He, along with the entire legal team at BCH Law, has worked tirelessly to help individuals who were exposed to asbestos. 

If you were diagnosed with mesothelioma or another illness after asbestos exposure, contact our office at (888) 367-7160 for a free evaluation. 

National Asbestos Litigation Conference

Perrin Conferences is holding its annual asbestos litigation meeting on September 14-15 in Charleston, South Carolina. This highly-anticipated event features asbestos litigation pioneers from across the country. Attendees will have numerous chances to obtain coveted CLE/CE credits, hear the latest trends driving litigation, and get insider tips on how to handle cases with non-traditional exposures.

​​This event will also include many opportunities for networking and will feature prominent plaintiff and defense attorneys, in-house counsel, and insurance professionals. To view the agenda and register, click here.

Representing Asbestos Victims Nationwide

Attorney Heckaman and the experienced asbestos exposure attorneys at BCH Law represent clients throughout the country who have sustained harm as a result of direct or take-home exposure to the deadly toxin. Since its inception, the attorneys at BCH have helped thousands of people exposed to asbestos obtain compensation for their losses.

Asbestos exposure has been linked to dangerous health conditions, including mesothelioma and lung cancer. The carcinogen is believed to have caused millions of deaths, sickening countless more. For decades it was present in common household and commercial products, including caulking compounds, paint products, asphalt products, drywall, ceiling tiles, and airplane parts.  

Contacting an Asbestos Exposure Attorney

Individuals who have been exposed to asbestos or who have been diagnosed with an asbestos-related illness are encouraged to contact our law firm for a free case evaluation. All consultations are provided at no cost and without obligation to retain our services. 

If you or a loved one were exposed to asbestos, contact our office at (888) 367-7160 to discuss your legal options with a knowledgeable attorney. Cases are accepted on a contingency fee basis, meaning there are no fees unless we win.

Do not wait; contact BCH Law today. Let us help you get the compensation you deserve. Our firm is nationally recognized for our work in asbestos litigation. We take on complex cases, including those where point-of-exposure is unknown or secondary exposure claims. Our attorneys will not rest until justice is served. Call now to learn more about your rights and your options for recovery.

Aaron Heckaman Speaks at Perrin Conference on Asbestos Litigation

BCH Law’s Aaron Heckaman Discusses Issues in Asbestos Litigation During Recent Conference

Attorney Aaron Heckaman of Bailey Cowan Heckaman PLLC recently joined other industry leaders to discuss asbestos litigation expectations and trends for 2022 and beyond. Attorney Heckaman was one of a select few lawyers invited to speak to hundreds of defense attorneys, plaintiffs attorneys, and insurance counsel from across the country at the “Cutting-Edge Issues in Asbestos Litigation” hosted by Perrin Conferences.

At Bailey Cowan Heckaman, PLLC, we provide aggressive representation to individuals who were unknowingly exposed to asbestos. Our nationally-recognized legal team, including Mr. Heckaman, has obtained multiple multi-million dollar recoveries on behalf of Mesothelioma victims who were exposed to asbestos. 

If you were exposed to asbestos and later diagnosed with asbestos-related cancer known as mesothelioma, contact our office at (888) 367-7160 for a free consultation.

“Cutting-Edge Issues in Asbestos Litigation” Conference

On March 7-8, 2022, Perrin Conferences hosted the “Cutting-Edge Issues in Asbestos Litigation Conference” at the iconic Beverly Wilshire in Beverly Hills, California. During the first day of the conference, attorney Aaron Heckaman, a Partner with BCH Law, was asked to participate in a critical panel discussion about the future of asbestos litigation. 

For his portion of the panel, attorney Heckaman focused on policy concerns related to the evergrowing trend of companies, such as Johnson & Johnson filing for bankruptcy. In addition, he discussed how his firm, Bailey Cowan Heckaman PLLC, is getting creative to maximize recovery for his clients.

How We Can Help

At Bailey Cowan Heckaman PLLC, Aaron Heckaman and his team are dedicated to helping victims of asbestos exposure. Our trial lawyers work tirelessly to ensure that no stone is left unturned throughout the client’s legal representation.

For over 30 years, we have been at the forefront of asbestos litigation, developing new, innovative strategies for recovery, including proceeding against non-traditional defendants. Attorney Heckaman and the entire team at BCH Law are passionate about helping those affected by mesothelioma and other asbestos-related illnesses obtain compensation for their losses. 

The Dangers of Asbestos Exposure

Asbestos exposure is not only dangerous; it can prove deadly. Asbestos is a known carcinogen with well-documented health risks. It can be found in a number of places, including schools, businesses, and homes. 

Exposure to asbestos can increase your risk of developing:

Individuals who work or previously worked in demolition, building repair, construction, or maintenance, automotive work, manufacturing, shipyards, and other industrial sites are often at the greatest risk for developing these serious, potentially fatal conditions. However, loved ones may also be at risk for take-home exposure to asbestos.

Speak to an Asbestos Exposure Attorney Today

If you or a loved one were diagnosed with mesothelioma, asbestosis, or another illness related to asbestos exposure, contact our office today at (888) 367-7160. We offer asbestos exposure victims and their families free case evaluations. Let us help you get the compensation you deserve.

Thousands of people are still diagnosed with mesothelioma every year. Companies and other liable third parties must be held accountable for their wrongdoing. Call the asbestos exposure lawyers at BCH law now to get started.

BCH Files Mesothelioma Lawsuit in Texas for Career Mechanic

Bailey Cowan Heckaman PLLC has filed a civil lawsuit against several automotive and trucking companies on behalf of a client who was diagnosed with mesothelioma.

The lawsuit, filed in Dallas County District Court, claims our client’s prolonged exposure to asbestos while working as a mechanic led to him contracting malignant mesothelioma, a rare and deadly form of lung cancer.

The lawsuit names several defendants alleged to have been responsible for our client’s asbestos exposure, including:

As claimed in the lawsuit, our client was exposed to asbestos-containing products throughout his career as a mechanic.

The suit claims our client was wrongfully exposed to and inhaled, ingested, or otherwise absorbed asbestos fibers, an inherently dangerous toxic substance, in the course of his employment with Sanford’s Gulf and both Employer Defendants, Hunsaker and Inland.

Claims

The lawsuit alleges several claims, including:

  1. Negligence and Gross Negligence against all defendants over supplying asbestos-containing products, failing to use substitute materials, and failing to warn workers, among other claims.
  2. Negligence and Gross Negligence against HTL Holdings / Hunsaker Truck Lease / National Truck Freight and Inland Truck Parts Company / Industrial Automatic Transmission over failures to exercise care to protect workers and provide adequate training, supervision, safety equipment and policies or procedures, among other claims.
  3. Negligence and Gross Negligence for Premises Liability over failures to maintain a safe premises, warn about the dangers of asbestos, and comply with state and federal regulations, among other claims.
  4. Strict Liability against all defendants for manufacturing, supplying, distributing, and using asbestos-containing products and failing to warn or adequately instruct about dangers and precautions.
  5. Gross negligence against all defendants over conduct in reckless disregard to safety of workers exposed to products defendants knew contained asbestos.

Damages

As a result of his exposure to asbestos-containing products, the suit alleges, our client was diagnosed with malignant mesothelioma in late 2018.

The lawsuit suit seeks compensatory and exemplary damages for:

Seeking Justice for Victims of Asbestos Exposure

BCH intends to aggressively litigate this case on behalf of our client and his family.

As a trial law firm that has represented numerous victims across Texas and the U.S. in complex mesothelioma cases, we know our client’s story is unfortunately not an anomaly. Many victims diagnosed with mesothelioma and other asbestos-related diseases can connect their disease to years of occupational exposure. This is especially true for workers in industrial settings, including mechanics, construction workers, rail workers, and military personnel.

If you or someone you love has questions about asbestos / mesothelioma and your legal options, Bailey Cowan Heckaman is available to help. Contact us for a free consultation.

TPC Group Cited by OSHA Over Port Neches Explosion

Texas Petroleum Chemical (TPC Group) – a Houston-based petrochemical manufacturer and owner of a Port Neches industrial plant where a series of explosions in November 2019 resulted in the evacuation of over 60,000 residents – has been cited by OSHA for workplace safety violations.

According to the U.S. Labor Department, regulators began investigating TPC after vapor formed at the base of a butadiene finishing tower at its facility in Port Neches ignited and caused a series of explosions and fires that rocked local communities for miles.

As reported by the Beaumont Enterprise, TPC was cited for three willful violations – the most serious citation classification – over failures to develop and implement emergency shutdown procedures, and nine serious violations for various issues including failures to inspect and test process vessel and piping components.

TPC faces $514,692 in fines, and has 15 business days from the date of the citation to comply or request an informal conference with an OSHA regulators.

Local Residents Still Face Asbestos Exposure Concerns, Needed Repairs

OSHA citations may be the most recent enforcement action to hit TPC, but they are not the only legal woes the company faces.

As we’ve reported on our blog, TPC Group was recently sued by the Texas Attorney General over environmental violations that contributed to the Port Neches explosions. The lawsuit claims TPC violated the Texas Clean Air Act and the Texas Water Code with harmful emissions, as well as contamination of the Star Lake Canal and other water sources.

In addition to regulatory actions, TPC may face additional blowback from local residents frustrated with the company’s failures to timely compensate them for losses caused by the explosions, which scattered debris across the local community, causing damage to homes and businesses.

While investigations are still ongoing, local residents and experts are also concerned about the risks of toxic exposure related to the release of pressurized Butadiene gas, as well as blast debris from the facility which investigators have confirmed contained asbestos.

Legal Support For the Local Community

BCH Partner Aaron Heckaman – who himself has deep ties to the community and family affected by the explosions and fires – has been speaking openly to fellow residents since November.

He has also advised homeowners and business owners to be wary of solicitations from TPC insurance representatives pushing insurance waivers that may limit their legal options to file lawsuits over damages they incurred, or seek compensation for illnesses that may arise as a result of toxic exposure.

As a Houston-based law firm experienced in fighting back against corporations that put profits over people and matters of toxic tortsindustrial explosions, and asbestos litigation, Bailey Cowan Heckaman PLLC is available to help local residents affected by the Port Neches November explosions.

Our team is actively reviewing potential claims, and is available to discuss your rights and legal options during a free consultation. Contact us to speak with a lawyer.

Texas Sues TPC Over Port Neches Explosion, Release of Asbestos

On Friday February 21, 2020, Texas Attorney General Ken Paxton sued TPC Group over numerous environmental violations that contributed to a series of explosions at the company’s plant in Port Neches late last year.

As discussed on a previous blog, the November 27, 2019 explosions prompted the evacuation of over 60,000 residents, and left many concerned about the potential risks of toxic exposure related to the release of pressurized Butadiene gas, and the significant amount of asbestos installed at the plant.

Legal Update: Asbestos Discovery Confirmed, Texas AG Files Suit

Bailey Cowan Heckaman PLLC has deep ties to the Port Neches area – the same community our very own Partner Aaron Heckaman calls home – and is closely tracking legal updates as the Texas AG’s case unfolds, and concerns within the community grow. We are also available to speak with local residents affected by the blast who have questions about their rights to compensation.

Again, we advise local residents and businesses to be wary of solicitations from TPC insurance representatives and adjusters who want them to sign insurance waivers. Doing so may limit legal options to file lawsuits over suffered harm and losses, and may create potential difficulties in securing sufficient compensation should victims later discover life-altering illnesses that may have been tied to the explosions.

Texas AG Sues TPC

The Texas Attorney General’s Office filed its lawsuit against Texas Petroleum Chemical on Friday February 21, 2020 in Travis County District Court on behalf of the Texas Commission on Environmental Quality. The suit comes after TCEQ officials referred the case to the Texas AG, which has the authority to pursue criminal investigations and steeper penalties, in December. Typically, the agency works to bring companies into compliance within its organization – a strategy many environmental watchdog groups argue often fails to deter repeat offenders. In the lawsuit, the state’s top prosecutor alleges TPC Group violated the Texas Clean Air Act and the Texas Water Code for harmful emissions, and for water contamination in the Star Lake Canal and other

Concerns Rise Over Asbestos in Talc-Based Beauty & Cosmetic Products

With asbestos litigation being the longest, most expensive mass tort in American history, most people are familiar with the naturally occurring set of minerals, its known dangers, and the many laws regulating its use and abatement which exist today.

Although asbestos is perhaps most notably recognized for diseases like mesothelioma, its long latency (the time it takes for the disease to develop), and its impact on workers in many industrial settings, the scope of its impact on public health is much more expansive than many realize.

Asbestos has well-documented risks for adverse health problems – including asbestosis (a lung disease), diffuse pleural thickening, and various forms of cancer – and it can affect a variety of people, professions, and products – from building supplies and barber shops to beauty and cosmetic products.

Advocates, Regulators Look to Standardize Asbestos Testing in Cosmetics

Asbestos contamination in beauty and cosmetic products has become a major focus for safety advocates and regulators in recent years. Due to rising concerns, it was the subject of a recent FDA Public Meeting held on Tuesday, February 4, 2020 at the FDA’s Campus in Silver Spring, MD.

The Meeting – “Testing Methods for Asbestos in Talc and Cosmetic Products Containing Talc” ­– discussed the science behind testing methodologies, terminology, and criteria that can be applied to characterize and measure asbestos and other potentially harmful elongate mineral particles (EMPs) which may exist in cosmetics made with talc (or talcum powder).

The ultimate goal for the FDA Public Meeting is to create more rigorous and standardized testing methods for asbestos and other particles in cosmetics and other consumer products which pose health concerns for the public. The motivations are clear:

Why Is There Asbestos in Cosmetic Products?

Asbestos finds its way into cosmetic products because there is a considerable lack of regulatory oversight and standardized testing involving cosmetic-grade talc – a clay mineral comprised of magnesium, silicon, and oxygen. Talc is used widely in consumer cosmetics – such as lipstick and foundation – to help absorb moisture.

Unless products containing talc are specifically tested for contamination, there is no way to know if it contains asbestos. As such, risks of asbestos contamination in talc and talc-based cosmetics is high.

Unfortunately, regulations over cosmetics are severely insufficient and outdated:

Though the Cosmetic, Toiletry and Fragrance Association (now known as the Personal Care Products Council) encouraged its members in the cosmetics industry to use asbestos-free talc in products as far back as 1976, it’s still being found in makeup and other beauty supplies today. In a time when consumers have access to an array of new and seemingly ingenious cosmetic and beauty supplies, the need for modernizing cosmetics regulations in the U.S. and ensuring product safety is crucial.

With its Public Meeting, the FDA hopes to not only determine effective testing mechanisms – such as transmission electron microscope (TEM), which experts say is far better at detecting asbestos than X-ray diffraction (XRD) or polarized light microscopy (PLM) – a but also obtain input from scientists, attorneys, and industry insiders on regulating how manufacturers source, use, and test talc.

As of now, the FDA is asking cosmetics companies to voluntarily register products and list all ingredients – including talc.

Fighting for Victims of Asbestos Exposure

As a national trial practice with extensive experience in complex asbestos, mesothelioma, and toxic exposure claims, Bailey Cowan Heckaman PLLC believes consumers should never bear the burden of having to determine which products are free from potential contaminants – products made available to the public should arrive on shelves only after testing ensures they are safe.

Unfortunately, that isn’t always the case. Even if new regulations are eventually enacted, product manufacturers and corporations have proven their tendency to prioritize profits over people. This means protecting the public will rely not only on regulatory enforcement and compliance, but also aggressive litigation against manufacturers that fail to ensure the safety of their products.

At BCH, our Houston-based attorneys actively represent victims and families across Texas and the U.S. in a range of civil lawsuits involving asbestos exposure and product liability claims. We’re available 24/7 to discuss your potential case, and what options you may have. Call  or contact us online to request a FREE consultation.

BCH Files Mesothelioma Lung Cancer Lawsuit in Oklahoma

Bailey Cowan Heckaman PLLC is filing Mesothelioma and lung cancer cases in Oklahoma on behalf of victims and families devastated by the asbestos exposure.

The firm’s lawsuit was filed in Oklahoma County District Court on behalf of a Wilson, OK man and his wife in November 2019. Partner Aaron Heckaman and Attorney Alina Gregory, both of whom have extensive experience litigating asbestos cases across the country, will serve as lead attorneys on the case.

The lawsuit alleges:

The lawsuit, which names dozens of defendants, calls attention to the man’s long-term use of manufacturing and industrial equipment, including products manufactured or sold by Michelin, McNeil (Ohio) Corporation, Johnson & Johnson, Pfizer, Inc. and others.

The suit further alleges these corporations were negligent in failing to warn the man about dangers associated with asbestos exposure, provide information and products that would keep him reasonably safe from exposure risks, and design and manufacture products or equipment utilizing alternative materials safer than asbestos, among other claims – despite knowing the dangers associated with asbestos fibers.

Read more about the lawsuit filed by BCH on this press release.

You can learn about mesothelioma and asbestos exposure claims on our website, or may discuss a potential case by contacting our team.

BCH: National Trial Practice on Leading Edge of Mesothelioma Litigation

BCH is a national trial practice comprised of Texas-based attorneys who have prevailed in highly complex personal injury, class-action, and mass tort claims involving product liability and dangerous substances such as asbestos – a naturally occurring set of minerals strongly linked to devastating and deadly conditions like mesothelioma.

Our team will be aggressively litigating mesothelioma lung cancer claims in Oklahoma, and is available to speak with victims and families about pursuing potential claims and compensation. Call or contact us online to speak with an attorney.

Johnson & Johnson Faces Thousands of Lawsuits over a Product Containing Asbestos

In October of 2019, the Food and Drug Administration discovered a trace amount of asbestos in Johnson & Johnson’s baby powder. Though the product contained only “sub-trace levels” of asbestos contamination, Johnson & Johnson acted with “an abundance of caution” and immediately initiated a recall. The company claims its products are completely safe and rigorously tested on a regular basis, and they are working to determine if the specific bottle containing the asbestos was counterfeit, tampered with, or cross-contaminated.

Despite Johnson & Johnson’s insistence that consumers have nothing to worry about, the company is facing thousands of lawsuits and its shares have fallen 1.7%.

Why Are So Many Consumers Concerned About Asbestos?

Johnson & Johnson’s announcements regarding the recall include reassurances that the public is safe, claiming the amount of asbestos detected was minuscule, and therefore harmless. But the Journal of Occupational and Environmental Medicine published a study on October 10th involving 33 patients with malignant mesothelioma, and the results provide powerful evidence suggesting a connection between this cancer and exposure to talcum powder containing asbestos.

Steve Gold, a professor at Rutgers Law School, specializes in toxic and hazardous substances. He sees this study as a significant source of ammunition for plaintiffs seeking to recover damages. “If a credible physician and researcher is willing to testify and has published that these individual cancers appear to be caused by asbestos exposure from talcum powder…that’s very powerful,” Gold says.

Mesothelioma is a rare but deadly cancer affecting the lining of internal organs. The World Health Organization is one of several public health groups that considers asbestos a human carcinogen, linked to ovarian and lung cancer in addition to mesothelioma. Supplies such as insulators and car parts typically contain this mineral. So does talcum powder, which is found in a variety of cosmetics and used as the main ingredient in Johnson & Johnson’s baby powder.

Jacqueline Moline, a professor of occupational medicine, epidemiology, and prevention at the Feinstein Institutes for Medical Research, is a co-author of the asbestos study. She says that “everything points to cosmetic talc being the cause” of malignant mesothelioma, because the only substantial exposure the 33 women in her study had to asbestos was their use of talcum powder.

Despite Johnson & Johnson’s insistence that their baby powder is safe to use, many consumers are not interested in taking the risk. Those who have the cancer are trying to hold the company accountable, and some have succeeded, such as a Californian who was awarded $29 million in March for the connection between her mesothelioma and the talcum-powder-based product. While some courts have sided with Johnson & Johnson, this new study may fuel the continued onslaught of lawsuits.

Have You Been Affected by a Defective or Dangerous Product?

When you purchase a product from a reputable and well-established company, you likely assume it will be safe to use. But even medical and pharmaceutical giants such as Johnson & Johnson are capable of error—or they may be motivated by money rather than your health and wellbeing. At Bailey Cowan Heckaman PLLC, our attorneys have decades of experience fighting on behalf of clients who were wronged by deceitful, greedy companies.

If you are going up against a corporate giant, we are the team you need. Call or contact us online to schedule your initial consultation.

Congress Permits Major Anti-Asbestos Bill to Reach Committee Stage

The United States is one of the few developed countries in the world that does not ban asbestos outright, and in recent years, the E.P.A. has even taken additional steps to roll back asbestos protections. That may soon change, however: The U.S. House of Representatives recently allowed a major piece of anti-asbestos legislation to move into the full committee stage for markup.

Dubbed the Alan Reinstein Ban Asbestos Now Act of 2019 (ARBAN), the bill proposes immediate action to halt the flow of asbestos imports – and decrease the safety risks for many American workers and consumers. Because more than 40,000 Americans die from asbestos-related illnesses and injuries each year, it’s crucial for Congress to take swift action on this issue and limit uses of this known carcinogen.

After passing a subcommittee vote in the U.S. House of Representatives Committee on Energy and Commerce, ARBAN passed into the next stage of deliberation and will soon be reviewed by the entire Congressional committee. Public health advocates at the Asbestos Disease Awareness Organization (ADAO) applauded this move, and thanked the bipartisan representatives who were instrumental in moving the bill forward.

What Will ARBAN Do?

Introduced by a group of Democratic senators and representatives back in May, ARBAN proposes a sweeping ban on asbestos use and imports, without any of the commercial exemptions that have been allowed in the past. If it becomes law, ARBAN would make substantive changes to the Toxic Substances Control Act (TSCA) and prohibit manufacturers from using mixtures and solutions that contain dangerous amounts of asbestos.

ARBAN was named in honor of Alan Reinstein, a man who died from mesothelioma in 2006 at the age of 66. After Alan passed away, his wife Linda co-founded the Asbestos Disease Awareness Organization, and since then, she has continued to push for greater regulatory oversight on this toxic substance. In the ADAO press release on ARBAN’s move through the legislature, Linda noted that “Asbestos remains legal and lethal in the United States – it is past time we join the nearly 70 countries around the globe that have banned it to protect public health.”

Committed to Fighting for Mesothelioma Victims

Here at Bailey Cowan Heckaman PLLC, we support the goals of ARBAN and the ADAO, and we wish them success as the U.S. House of Representatives reviews the bill. We also have an entire division dedicated to mesothelioma litigation – and we’ve gained a reputation as one of the premier asbestos injury law firms in Texas and across the nation.

Our philosophy is simple: Employers and landlords who fail to address the known threat of asbestos should be held accountable when other people become seriously ill as a result. Because we have worked on mesothelioma cases for decades, we know exactly how to formulate a strong case strategy and secure fair compensation for asbestos exposure victims. If you need assistance with an asbestos claim, we’ll stand by your side throughout the process and seek justice on your behalf.

We want to hear your story. Call us for a free consultation.

New EPA Rule Permits Continued Use of Asbestos, Opens Door for More

The devastating health hazards associated with asbestos have been recognized since the early 20th century. Thanks to landmark publications documenting the link between asbestos exposure and cancer in the 1960s, that information became more widespread, and helped bring about the decline of asbestos use in the U.S.

Despite the progress, the growing evidence of asbestos’ harmful effects, and the immense toll it has had (and continues to have) on American families, the current administration and EPA are backing a new rule that not only permits the continued use of asbestos in the U.S., but also potentially more of it.

Asbestos Regulation in the U.S.

While many Americans know asbestos is bad for humans and is tightly regulated as a result, few realize it is not totally prohibited. Asbestos is not, nor has it ever been, permanently banned in the U.S.

According to the U.S. Geologic Survey, the United States used approximately 750 metric tons of asbestos in 2018. While that’s a far cry from the 650,000+ metric tons used in 1963, it’s still a significant amount. It’s also an indicator of the success of tough regulations restricting asbestos use, protracted litigation from victims, workers, and families harmed as a result of asbestos exposure, and our collective understanding of asbestos’ substantial dangers.

Given the 99% decline in asbestos use, it’s easy to assume it is no longer a pressing health issue. That simply isn’t the case. Not only does asbestos remain in many American homes, buildings, and products built prior to widespread regulatory crackdowns, it’s still being used for several purposes:

A History of Shortfalls: 30 Years of Asbestos Regulation Failures

While other developed nations passed laws to prohibit such use, and to replace asbestos with safer alternatives which are still economically viable, the U.S. has continued to use asbestos for these reasons. It’s also failed repeatedly in its attempts to ban asbestos outright:

On the 30th anniversary of the EPA’s 1989 ban, the Asbestos Disease Awareness Organization released a 23-page report about the agency’s continued failures to ban asbestos in the U.S., as well as the impact on the environment and human health. You can read the full report here.

A Push for New Regulations

These major shortfalls may have created an atmosphere in which lawmakers and regulators continually succumb to the will of the asbestos industry and its lobbyists, and have made the EPA ripe for a new push in a different direction.

In April 2019, for example, the EPA released a new use rule for asbestos. That rule went into effect on June 24, 2019. Here’s what it does:

Advocates Speak Out

The new EPA asbestos rule is being widely criticized for its recklessness, and is most concerning in that it may open to the door to a new generation of workers and families who could be exposed to and harmed by asbestos, mesothelioma, and other preventable diseases and deaths.

Critics like those behind a recent article published in the New England Journal of Medicine, “A Most Reckless Proposal — A Plan to Continue Asbestos Use in the United States,” are also calling attention to the current administration’s impact on environmental and human health regulations.

The new rule and its new policies, the authors note, are a brazen attempt to expand the use of asbestos, the largest manufacturer of which is Russia. What’s more, they say, is that it ignores over 5 decades of research that has unequivocally established asbestos as dangerous, even in small amounts.

For critics and other public health and safety advocates, there is still hope; a new bill named after a California man who died from mesothelioma would ban asbestos importation, processing, and distribution of all asbestos-containing materials in the U.S.

The Alan Reinstein Ban Asbestos Now Act of 2019 was introduced in Congress in early March. If passed, the ban would take effect 1 year later, and would supersede the EPA’s new rule.

BCH: Representing Asbestos, Mesothelioma Victims Nationwide

Bailey Cowan Heckaman is a Texas Trial Law Firm that handles a broad range of complex claims, including those involving asbestos exposure and mesothelioma. Our firm recently filed a mesothelioma lawsuit in Harris County for a family whose loved one was exposed to asbestos through work.

If you or someone you love have questions about asbestos litigation and your rights, call or contact us online for a free consultation.