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U.S. Code as of:
01/19/04
Section 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.
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