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Asbestos litigation is the longest, most expensive mass tort in U.S. history, involving more than 8,400 defendants and 730,000 claimants as of 2002 according to the RAND Corporation,[126] and at least one defendant reported claim counts in excess of $800,000 in 2006.[127]
As of 1999, trends indicate that the worldwide rate at which people are diagnosed with asbestos-related diseases will likely increase through the next decade.[128][129] Analysts have estimated that the total costs of asbestos litigation in the USA alone is over $250 billion.[130]
The federal legal system in the United States has dealt with numerous counts of asbestos related suits, which often included multiple plaintiffs with similar symptoms. In 1999 there were 200,000 related cases pending in the federal court system of the United States.[131] Further, it is estimated that within the next 40 years, the number of cases may increase to 700,000. These numbers help explain how there are thousands of current pending cases.
Litigation of asbestos materials has been slow. Companies sometimes counter saying that health issues do not currently appear in their worker or workers, or sometimes are settled out of court.[132]
In 1999 the United States enacted the Fairness in Asbestos Compensation Act.[133] Between 1981 and the present, many asbestos companies have filed for bankruptcy.[134] While companies filed for bankruptcy, this limited payouts to those who were actually affected by the material. Professor Christopher Edley said what the 1999 Act ultimately would have done if passed would be to "limit punitive damages that seek retribution for the decisions of long-dead executives for conduct that took place decades ago (Professor Christopher Edley, Jr.)."[133]
In Australia a significant and controversial case was brought against the industrial building materials company James Hardie, which had mined and sold asbestos related products for many years.
Litigation exists outside the United States in England, Scotland, Ireland, the Netherlands, France, Italy, and Japan among other nations (though the amounts awarded in these countries are not as large as in the US). See the companion article for further information.
The volume of the asbestos liability has concerned manufacturers and insurers and reinsurers.[135] The amounts and method of allocating compensation have been the source of many court cases, and government attempts at resolution of existing and future cases.
Other criticism[edit]
Asbestos regulation critics include the asbestos industry[136] and JunkScience.com owner Steven Milloy. Critics argue that the outright banning of dangerous products, due to government regulation, is inferior to keeping the products while innovating ways to prevent the lethal effects. They argue that the product benefits are too important to ignore, and instead of banning the products, find ways to eliminate risks to those who work with the products. An example is the suggestion by Dixy Lee Ray and others that the shuttle Challenger disintegrated because the maker of O-ring putty was pressured by the EPA into ceasing production of asbestos-laden putty.[137][138] However, the putty used in Challenger's final flight did contain asbestos, and failures in the putty were not responsible for the failure of the O-ring that led to loss of the shuttle.[138][139]
Asbestos was used in the first forty floors of the World Trade Center north tower causing an airborne contamination among lower Manhattan after the towers collapsed in the attacks on 11 September 2001. Steven Milloy of the Cato Institute suggested that the World Trade Center towers could still be standing or at least would have stood longer had a 1971 ban not stopped the completion of the asbestos coating above the 64th floor.[140][141] This was not considered in the National Institute of Standards and Technology's report on the towers' collapse. All fireproofing materials, regardless of what they are made of, are required to obtain a fire-resistance rating prior to installation. All fiber-based lightweight commercial spray fireproofing materials are vulnerable to kinetic energy impacts that are outside of the fire testing upon which their ratings are based, including asbestos-based materials, and may have been removed in large areas by the impact of the planes.[142][143][144]
Substitutes for asbestos in construction[edit]
Fiberglass insulation was invented in 1938 and is now the most commonly used type of insulation material. The safety of this material is also being called into question due to similarities in material structure.[145] However, the International Agency for Research on Cancer removed fiberglass from its list of possible human carcinogens in 2001.[146]
In 1978, a highly texturized fiberglass fabric was invented by Bal Dixit, called Zetex. This fabric is lighter than asbestos, but offers the same bulk, thickness, hand, feel, and abrasion resistance as asbestos. The fiberglass was texturized to eliminate some of the problems that arise with fiberglass, such as poor abrasion resistance and poor seam strength[147]
In Europe mineral wool and glass wool are the main insulators in houses.
Many companies that produced asbestos-cement products that were reinforced with asbestos fibers have developed products incorporating organic fibers. One such product was known as "Eternit" and another "Everite" now use "Nutec" fibers which consist of organic fibers, portland cement and silica. Cement-bonded wood fiber is another substitute. Stone fibers are used in gaskets and friction materials.
Another potential fiber is polybenzimidazole or PBI fiber. Polybenzimidazole fiber is a synthetic fiber with high melting point of 760 °C that also does not ignite. Because of its exceptional thermal and chemical stability, it is often used by fire departments and space agencies.
Old Wailuku Post Office sealed off for asbestos removal
Asbestos alternatives for industrial use include sleeves, rope, tape, fabric, textiles and insulation batt materials made from fiberglass and silica.
Recycling and disposal[edit]
In most developed countries, asbestos is typically disposed of as hazardous waste in landfill sites.
The demolition of buildings containing large amounts of asbestos based materials pose particular problems for builders and property developers - such buildings often have to be deconstructed piece by piece, or the asbestos has to be painstakingly removed before the structure can be razed by mechanical or explosive means. One such example is the Red Road high-rise housing development in Glasgow, Scotland which used huge amounts of asbestos cement board for wall panelling - here British health and safety regulations stipulate that asbestos material has to be removed to a landfill site via an approved route at certain times of the day in specially adapted vehicles.
Asbestos can be recycled by transforming it into harmless silicate glass. A process of thermal decomposition at 1000–1250 °C produces a mixture of non-hazardous silicate phases, and at temperatures above 1250 °C it produces silicate glass.[148] Microwave thermal treatment can be used in an industrial manufacturing process to transform asbestos and asbestos-containing waste into porcelain stoneware tiles, porous single-fired wall tiles, and ceramic bricks.[149]
In older buildings (e.g. those built prior to 1999 in the UK, before white asbestos was finally banned), asbestos may still be present in some areas e.g. old bath panels, concrete water tanks and many other places. Being aware of asbestos locations reduces the risk of disturbing asbestos.[122] See the asbestos image gallery (external link) to see some common asbestos locations.
Removal of asbestos building components can also remove the fire protection they provide, therefore fire protection substitutes are required for proper fire protection that the asbestos originally provided.[122][123]
Asbestos construction in developing countries[edit]
Some countries, such as India, Indonesia, China, Russia and Brazil have continued widespread use of asbestos. The most common is corrugated asbestos-cement sheets or "A/C Sheets" for roofing and for side walls. Millions of homes, factories, schools or sheds and shelters continue to use asbestos. Cutting these sheets to size and drilling holes to receive 'J' bolts to help secure the sheets to roof framing is done on-site. There has been no significant change in production and use of A/C Sheets in developing countries following the widespread restrictions in developed nations[citation needed].
Asbestos and 9/11[edit]
As the towers collapsed, Lower Manhattan was blanketed in a mixture of building debris and combustible materials. This complex mixture gave rise to the concern that thousands of residents and workers in the area would be exposed to known hazards in the air and in the dust, such as asbestos, lead, glass fibers, and pulverized concrete.[124] More than 1,000 tons of asbestos are thought to have been released into the air during the destruction of the World Trade Center in New York on 9/11.[125] Inhalation of a mixture of asbestos and other toxicants is thought to be linked to the unusually high death rate of emergency service workers from cancer since the disaster.[125] Many thousands more are now thought to be at risk of developing cancer due to this exposure with those who have died so far being only the 'tip of the iceberg'.[125] Some commentators have criticised authorities for using asbestos in the Towers' construction (see 'Other criticism' below).
In May 2002, after numerous cleanup, dust collection, and air monitoring activities were conducted outdoors by EPA, other federal agencies, New York City and New York State, New York City formally requested federal assistance to clean and/or test residences in the vicinity of the WTC site for airborne asbestos.[124]

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