Environmental Encapsulating Corp. v. City of New York

CARDAMONE, Circuit Judge:

This appeal from the grant of a motion for summary judgment addresses the interplay between a state’s exercise of its police power and federal law regulating occupational health and safety matters. In this case the legislative efforts are directed toward asbestos, whose invisible airborne fibers carry a deadly potential for humans.

Asbestos, a family of inorganic fibrous mineral substances once thought to be “wonder materials” and commonly used in building construction, has been identified in recent years as a formidable public health threat. Exposure to airborne…