Title 15Commerce and TradeRelease 119-73

§2649 State and Federal law

Title 15 › Chapter CHAPTER 53— - TOXIC SUBSTANCES CONTROL › Subchapter SUBCHAPTER II— - ASBESTOS HAZARD EMERGENCY RESPONSE › § 2649

Last updated Apr 6, 2026|Official source

Summary

Does not override or replace any federal or state law. Courts can still award money for cleanup costs or damages tied to removing asbestos, even before the material is actually taken out. States can make stricter rules about asbestos in school buildings. Does not create a new right to sue or change anyone’s legal responsibility under other laws. Congress did not mean these rules to help plaintiffs or defendants in asbestos lawsuits. Courts still decide, under state law, how to admit or use these rules or orders as evidence.

Full Legal Text

Title 15, §2649

Commerce and Trade — Source: USLM XML via OLRC

(a)Nothing in this subchapter shall be construed, interpreted, or applied to preempt, displace, or supplant any other State or Federal law, whether statutory or common.
(b)Nothing in this subchapter or any standard, regulation, or requirement promulgated pursuant to this subchapter shall be construed or interpreted to preclude any court from awarding costs and damages associated with the abatement, including the removal, of asbestos-containing material, or a portion of such costs, at any time prior to the actual date on which such material is removed.
(c)Nothing in this subchapter shall be construed or interpreted as preempting a State from establishing any additional liability or more stringent requirements with respect to asbestos in school buildings within such State.
(d)Nothing in this subchapter creates a cause of action or in any other way increases or diminishes the liability of any person under any other law.
(e)It is not the intent of Congress that this subchapter or rules, regulations, or orders issued pursuant to this subchapter be interpreted as influencing, in either the plaintiff’s or defendant’s favor, the disposition of any civil action for damages relating to asbestos. This subsection does not affect the authority of any court to make a determination in an adjudicatory proceeding under applicable State law with respect to the admission into evidence or any other use of this subchapter or rules, regulations, or orders issued pursuant to this subchapter.

Reference

Citations & Metadata

Citation

15 U.S.C. § 2649

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73