§ 2649. — State and Federal law.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2649]
TITLE 15--COMMERCE AND TRADE
CHAPTER 53--TOXIC SUBSTANCES CONTROL
SUBCHAPTER II--ASBESTOS HAZARD EMERGENCY RESPONSE
Sec. 2649. State and Federal law
(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.
(Pub. L. 94-469, title II, Sec. 209, as added Pub. L. 99-519, Sec. 2,
Oct. 22, 1986, 100 Stat. 2986.)
