S.C. Court Rejects Asbestos Defendant’s Stance that Adherence to EPA Regulations Conferred Federal Jurisdiction

COLUMBIA, S.C. –– A South Carolina federal court has remanded an asbestos case, rejecting the removing defendants’ contention that because it was subject to the U.S. Environmental Protection Agency’s rules and regulations, it was acting under the direction of a federal officer.

In the June 13 opinion, the U.S. District Court for the District of South Carolina opined that the defendant had failed to prove that the EPA’s control prevented the defendant from fulfilling its state law duty to dispose and warn of asbestos-related hazards.

Michael Bradley alleged in his lawsuit that he inhaled asbestos fibers from his father’s work …