While asbestos is no longer mined in the United States, there was a period of economic boom before its downfall. It is unknown exactly how many individuals were employed through this type of mining, but it is recognized by the Agency for Toxic Substances and Disease Registry, that in “the United States, an estimated 27 million workers were exposed to aerosolized asbestos fibers between 1940 and 1979”. This substantial number led to the diagnosis of many asbestos-related diseases, such as mesothelioma, “a rare cancer that forms in the thin tissue that lines many of your internal organs… called the mesothelium”(Mesothelioma). Following this unfortunate time, asbestos mines were forced to close down, and many mines went bankrupt due to the liability of these diagnoses.
Asbestos Use
Asbestos is a “mineral fiber that occurs in rock and soil” and is beneficial for insulation due to its properties of “fiber strength and heat resistance” (“Learn about Asbestos | US EPA”). It has a rich history in all parts of the United States finding itself in many household products like roofing, tiling, and appliances but in the Eastern side alone there were an estimated 60 mines that were once present and active. In addition to asbestos mining, asbestos was often used in businesses like “oil refineries, power plants,
shipyards, and construction companies” (“Asbestos Toxicity: Who Is at Risk of Exposure to Asbestos? | Environmental Medicine | ATSDR”). The peak of asbestos production occurred in 1973 with “803,000 tons”, and unfortunately for these companies, it only declined from here.
Figure 1Asbestos mines and occurrences in the United States (Bradley Van Gosen, USGS)
Decline of Asbestos
Evidence began to accumulate against these asbestos mines as more and more individuals were being diagnosed with asbestos-related diseases. Not only were the individuals working with asbestos getting diagnosed with these illnesses but their family members as
well as any resident living near a mine were being impacted. The Agency for Toxic Substances and Disease Registry reported a study of 878 individuals who shared a residence with an asbestos worker “that 4 out of 115 total deaths were from pleural
mesothelioma”. The National Institute of Occupational Safety and Health declared that asbestos mines were responsible for this and declared that they stopped the production of it. There was a partial ban that followed in 1989 that eliminated the “manufacture, import, processing, and distribution of some asbestos-containing products “(“EPA Actions to Protect the Public from Exposure to Asbestos | US EPA”).
Compensations
For asbestos mining companies to file for bankruptcy, they were required to “contribute to trust funds that would pay for damages unrealized at the time” (Burgoyne). Therefore, the asbestos trust funds were created to provide some form of compensation for individuals and families impacted by asbestos exposure. However, this also meant that individuals affected by an asbestos-related illness were “barred from suing the companies that were the major producers of asbestos and asbestos-containing product”. This agreement was used to protect themselves from hefty lawsuits and to minimize the backlash activity that would arise from it. As of today, there is an estimated $30 billion in funds left (Office).
If you or someone you know has been affected by asbestos exposure or mesothelioma in the state of Pennsylvania, please visit The Halpern Law firm for a free consultation or call (800) 505-6000 to turn today’s adversity into tomorrow’s justice.
References
“Asbestos Toxicity: Who Is at Risk of Exposure to Asbestos? | Environmental Medicine | ATSDR.” Cdc.gov, 25 May 2023, https://www.atsdr.cdc.gov/csem/asbestos/who_is_at_risk.html.
Burgoyne, Jessica. “Mesothelioma Lawsuit Guide (2024).” Forbes, 21 Feb. 2024, https://www.forbes.com/advisor/legal/product-liability/mesothelioma-lawsuit/. Accessed 27 Mar. 2024.
“EPA Actions to Protect the Public from Exposure to Asbestos | US EPA.” US EPA, 12 Mar. 2013, https://www.epa.gov/asbestos/epa-actions-protect-public-exposure-asbestos#:~:text=1989%20Partial%20Ban%20on%20the,marketplace%20after%20August%2025%2C%201989. Accessed 27 Mar. 2024.
“Learn about Asbestos | US EPA.” US EPA, 5 Mar. 2013, https://www.epa.gov/asbestos/learn-about-asbestos. Accessed 27 Mar. 2024.
Mesothelioma. 2024, www.cdc.gov/cancer/mesothelioma/index.htm. Accessed 27 Mar. 2024.
Sever, Megan. “Asbestos Fibers Thread through Rocks and Dust Outside Vegas.” Eos, Eos, 6 Nov. 2019, https://eos.org/articles/asbestos-fibers-thread-through-rocks-and-dust-outside-vegas. Accessed 27 Mar. 2024.
Office, Accountability. “Asbestos Injury Compensation: The Role and Administration of Asbestos Trusts.” Gao.gov, 2022, https://www.gao.gov/products/gao-11-819. Accessed 27 Mar. 2024.
https://pubs.usgs.gov/periodicals/mcs2022/mcs2022-asbestos.pdf
https://pubs.usgs.gov/of/2005/1189/pdf/Plate.pdf
https://www.rand.org/pubs/technical_reports/TR872.html
