Federal appeals court judges appeared ready Monday to side with EPA in its defense of a Biden-era rule phasing out the remaining uses of asbestos.
During oral arguments before the 5th U.S. Circuit Court of Appeals, industry lawyers argued EPA went too far by banning the cancer-causing mineral, while public health and worker union groups argued the 2024 rule didn’t go far enough.
The three-judge panel showed little interest in those competing merit arguments. Instead, the judges focused nearly all their questions on the standing issue — whether any of the challengers had the legal right to bring their petitions at all.
“What we don’t have here is something … from the individuals who would address what their interests are, and how they have been injured,” said Judge Leslie Southwick, a George W. Bush appointee. “There’s nothing like that from the parties in this case, is there?”
