Law Firm Submits Challenge on Asbestos Guidelines
by Guest Blogger, 10/6/2003
The law firm Morgan, Lewis & Bockius submitted a data quality petition to the Environmental Protection Agency (EPA) Aug. 19 challenging a 1986 publication that provides guidance to mechanics on the hazards of asbestos exposure.
The “Guidance for Preventing Asbestos Disease Among Auto Mechanics,” commonly referred to as the “Gold Book,” provides guidance on the hazards of asbestos exposure during auto repair to auto mechanics. The petition maintains that the Gold Book should be considered “influential information” due to its role as an educational tool and the scientific issues it covers. According to agency guidelines influential scientific, statistical or financial data should be held to higher data quality standards. While medical issues are addressed in the Gold Book, it does not seem to fit in the category of scientific information. The firm also attempts to argue that the book’s impact has been significant, asserting that it has been improperly used to sway juries during asbestos personal injury litigation.
The petitioner contends the Gold Book fails to comply with EPA’s data quality guidelines for several reasons:
- It relies on inadequate and inappropriate data.
- It is outdated and a number of contradictory studies have since been published.
- The Gold Book’s origins, preparations, funding, review and approval are almost entirely undocumented and therefore no verification is possible.