Key parts of ban on asbestos rejected

October 22, 1991|By New York Times

WASHINGTON -- A U.S. appeals court in New Orleans has struck down major parts of a far-reaching ban by the Environmental Protection Agency on asbestos products, ruling that the agency had not adequately considered alternative regulation short of the prohibition.

Yesterday's ruling upheld the provisions of the agency's 1989 phaseout of asbestos use that are already in effect but sent provisions that would have taken effect in 1993 and 1996 back to the agency for more proceedings.

The decision was issued by the U.S. Court of Appeals for the Fifth Circuit in New Orleans, which has handled previous asbestos cases.

The asbestos industry said that yesterday's ruling cleared the way to continue using the material in automobile parts such as brakes and clutch facings and in other products subjected to friction.

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