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EPA

Law Firm Files Data Quality Act Petition Related To Asbestos Litigation
The law firm Morgan, Lewis & Bockius (MLB) filed a Data Quality Act Request for Correction with EPA regarding EPA's "Guidance for Preventing Asbestos Disease Among Auto Mechanics" (the Gold Book). This EPA document provides guidance to auto mechanics on the hazards of asbestos exposure during auto repair, and on how to avoid the hazards, in particular during brake repair. MLB asks EPA to discontinue any further dissemination of the Gold Book, and to "notify the public, through EPA's website or otherwise, that the Gold Book is outdated from a scientific and regulatory perspective." MLB argues that the Gold Book violates Data Quality Act Standards because it relies on inadequate/inappropriate data and literature; because it is outdated; and because its preparation, funding, review and approval are undocumented and cannot be verified or evaluated. Several juries have relied heavily on the Gold Book in awarding large verdicts to plaintiffs claiming injury from asbestos exposure during brake repair. MLB's Request for Correction is important because it is one of the first uses of the Data Quality Act with regard to information that has been introduced as expert evidence in litigation. EPA as not yet responded to MLB's Request for Correction.