Title 15, Commerce and TradeRelease 119-110

§2649 State and Federal Law

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

Last updated Sep 22, 2026|Official source

Summary

Does not override other state or federal laws. It lets courts award costs and damages for cleaning up asbestos, including removal costs, and courts can do that even before the asbestos is actually removed. States may set stricter rules or extra liability for asbestos in school buildings. The law does not create a new federal lawsuit or change anyone’s legal responsibility under other laws. Congress did not mean these rules to help or hurt either side in asbestos damage cases, and courts still decide how to use these rules as evidence in state-law cases.

Full Legal Text

Title 15, §2649

Commerce and Trade, Source: USLM XML via OLRC

(a)No preemption

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)Cost and damage awards

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)State may establish more requirements

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)No Federal cause of action

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)Intent of Congress

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 15, Commerce and Trade

Last Updated

Sep 22, 2026

Release point: 119-110