15 U.S.C. § 2649 — State and Federal law
submitted 40 years ago by Pub. L. 94-469 to r/title-15-COMMERCE-AND-TRADE · 254 words · no verdicts yet
This subchapter does not replace other State or Federal laws or create a new cause of action. It preserves courts’ ability to award asbestos-abatement costs and preserves States’ ability to impose stricter requirements.
(a) No preemption.—Nothing in this subchapter may be understood, interpreted, or applied to override, replace, or take the place of any other State* or Federal law, whether that law is written or based on common law.
(b) Cost and damage awards.—Nothing in this subchapter, or in a standard, regulation, or requirement issued under it, may be understood or interpreted to prevent a court from awarding costs or damages connected with asbestos* abatement, including removal of asbestos-containing material*, or part of those costs, at any time before the material is actually removed.
(c) State may establish more requirements.—Nothing in this subchapter may be understood or interpreted to prevent a State from setting additional liability or stricter requirements for asbestos in school* buildings within that State.
(d) No Federal cause of action.—This subchapter does not create a cause of action. It also does not otherwise increase or reduce any person’s liability under another law.
(e) Intent of Congress.—Congress did not intend this subchapter, or any rule, regulation, or order issued under it, to be interpreted as favoring either a plaintiff or a defendant in deciding a civil damages action involving asbestos. This subsection does not limit a court’s authority, in a proceeding governed by applicable State law, to decide whether this subchapter or a rule, regulation, or order issued under it may be admitted as evidence or used in another way.
Nothing in this subchapter shall be construed, interpreted, or applied to preempt, displace, or supplant any other State* or Federal law, whether statutory or common.
Nothing in this subchapter or any standard, regulation, or requirement promulgated pursuant to this subchapter shall be construed or interpreted to preclude any court from awarding costs and damages associated with the abatement, including the removal, of asbestos-containing material*, or a portion of such costs, at any time prior to the actual date on which such material is removed.
Nothing in this subchapter shall be construed or interpreted as preempting a State from establishing any additional liability or more stringent requirements with respect to asbestos* in school* buildings within such State.
Nothing in this subchapter creates a cause of action or in any other way increases or diminishes the liability of any person under any other law.
It is not the intent of Congress that this subchapter or rules, regulations, or orders issued pursuant to this subchapter be interpreted as influencing, in either the plaintiff’s or defendant’s favor, the disposition of any civil action for damages relating to asbestos. This subsection does not affect the authority of any court to make a determination in an adjudicatory proceeding under applicable State law with respect to the admission into evidence or any other use of this subchapter or rules, regulations, or orders issued pursuant to this subchapter.
Source credit: (Pub. L. 94–469, title II, § 209, as added Pub. L. 99–519, § 2, Oct. 22, 1986, 100 Stat. 2986.)
- 1986Enacted · Pub. L. 94-469 · 100 Stat. 2986
A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-469 on 1986-10-22.
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