Why did the courts overturn the ban on asbestos?
The comprehensive, 57-page opinion written by Judge Jerry E. Smith, states that the Court “conclude(d) that EPA has presented insufficient evidence to justify its asbestos ban.” The Court stated that its conclusion was based on “the failure of EPA to consider all necessary evidence” and “to give adequate weight to statutory language requiring it to promulgate the least burdensome, reasonable regulation required to protect the environment adequately.
