The events of Sept. 11 left Americans with, above all, questions. The recent 9/11 Commission tried to answer some of them, but rescue workers and New Yorkers worry their health is still in danger. A recently proposed bill could insure them to seek better health treatment.

Soon after Sept. 11, the Environmental Protection Agency (EPA) was quick to assure New Yorkers the air they were breathing — even with the still-prevalant poisonous gas and dust — was safe. An internal investigation later found that the White House Council on Environmental Quality “convinced EPA to add reassuring statements and delete cautionary ones,” says an article published by Inter Press News Services.

During a short time after the Trade Center attacks, the EPA helped clean and test about 4,000 apartments in the area, but tens of thousands of other sites have yet to be officially checked for toxins such as asbestos, mercury and lead.

According to Mount Sinai’s occupational health clinic’s most recent figures, about half of the 9,000 rescue and recovery workers still suffer from respiratory problems.

In March, a group of recovery workers and downtown residents sued the EPA to demand further testing and cleanup, as well as the creation of a fund to pay for medical monitoring of affected people.

A woman who lived one and a half blocks from Ground Zero says she had her home tested and found relatively high levels of fiberglass, asbestos and other toxins. She claims that on the day of the attacks, “thick gray dust mixed with burnt papers pervaded the apartment though open windows.” As a result, she contracted a rash on her face and had severe headaches, sinus problems and a deep cough, she says.

Recently, two Congress members proposed expanding federal health insurance to downtown residents and workers to cover their physical and psychological treatment and the cost of prescription medications. And the bill would increase the number of people being monitored from 12,000 to 40,000.

A West Palm Beach, Fla., woman is celebrating a $1.1 million victory against an asbestos manufacturer, but the happiness is bittersweet, as she must celebrate it alone. Her husband, who would have benefitted most from the lawsuit, died before it came to fruition.

Dennis Kavanaugh worked as a carpenter for more than 30 years, often coming home covered in a snow-like dust — breathing it in, spitting it out — that would kill him slowly, bit by bit for the rest of his life, says an article in the Palm Beach Post.

A federal locomotive safety law prohibits asbestos victims from making asbestos injury claims against train manufacturers in state courts, ruled the Ohio Supreme Court 5-2 recently.

The decision upholds a lower court ruling that barred about 2,000 former railway workers from adding manufacturers to their separate lawsuits against nearly 60 companies that made, sold or used asbestos, according to the Associated Press. The workers say they were exposed to the substance while working in or maintaining rail cars.

The decision wasn’t a comment on the validity of the workers’ claims, but the justices said, “claims against locomotive manufacturers are wholly futile.” In making the decision, the justices cited the Federal Locomotive Boiler Inspection Act, saying it pre-empts state-law tort claims against railroad manufacturers.

They also said trial courts have great discretion in deciding whether to add new defendants to an existing lawsuit. A plaintiff challenging the use of that discretion must show the decision was “unreasonable, arbitrary or unconscionable.”

Disagreeing, one justice said the claims were not in danger of intruding into federal domain because they dealt with products no longer used, not current railroad equipment.

More than 40,000 cases are pending by Ohioans exposed to asbestos.

Mesothelioma — a type of cancer caused by exposure to asbestos — is fairly new and difficult to diagnose and treat. Current treatments are surgical removal of affected tissue, chemotherapy and radiation, depending on the stage of the disease.

But a new type of treatment has been introduced to the mix. Photodynamic therapy uses light to kill cancerous cells after a drug is administered intravenously to target and render the cells more sensitive, says a press release put out by PRWeb.

The drug has no affect on normal cells, so no additional harm will be done. After cells have been properly exposed, a special frequency of light laser beams are directed toward the mesothelioma. Although there have been cases of eye irritability and nausea, side effects have been minimal.

For more information, visit the Mesothelioma Help Web site.

British reinsurer Equitas has agreed to pay $118 million to EnPro Industries Inc. — a manufacturing company based in Charlotte, N.C. — in a dispute over insurance coverage for asbestos-related claims against EnPro, says the Charlotte Business Journal.

About $30 million of the settlement will reimburse EnPro for payments it has already made on asbestos-related claims, and the rest will go into a trust for resolving other asbestos claims.

Several EnPro subsidiaries such as Garlock Sealing Technologies and The Anchor Packing Co. manufactured products containing asbestos, and EnPro has been involved in many lawsuits concerning death and injury as a result.

Lloyd’s of London underwriters hold about $130 million of EnPro’s insurance for such claims, and Equitas reinsures the company. The settlement resolves all of EnPro’s claims against Lloyd’s underwriters.

"Resolution of the dispute brings our insurance reimbursements from Equitas up to date, while establishment of the trust ensures we will continue to receive cash payments of the Equitas portion of our remaining insurance in a timely and efficient manner," says Ernie Schaub, an EnPro chief executive.

The number of deaths from exposure to asbestos has skyrocketed since the late ‘60s and is projected to keep climbing through the next decade due to long-ago exposure to the substances that was widely used for insulation and fireproofing, says the Centers for Disease Control and Prevention.

The government-funded group determined that in 1968, 77 people died from asbestos, compared with the 1,500 people who died from it in 2000 -- almost a 2,000 percent increase.

Four hundred bicyclists from across the globe took part in the 400-mile Cycling the Erie Canal Tour in mid-July to raise awareness for mesothelioma, a cancer caused by exposure to asbestos, says R News.

The sixth annual ride lasted eight days, beginning in Buffalo, N.Y., and wrapping up in Albany, N.Y.

While there is no known cure for mesothelioma, family members of those suffering from the disease hoped the tour would raise awareness.

“We think of them (the victims) in their best ways, in their best moments,” said Bob Good, who lost his sister and brother-in-law to the disease last year. “Doing some things that are positive and upbeat is a great way to capture the spirit they had, that they gave to everyone they came in contact with.”

In an attempt to end a legislative standoff, Senate Democratic Leader Tom Daschle recently proposed a $141 billion trust fund to compensate victims of asbestos exposure, says Bloomberg.

The proposal includes $42 billion to be paid during the first five years by companies facing asbestos lawsuits and their insurers, and $4 billion from assets of bankruptcy trusts.

“On the key issue of funding, we remain concerned that while it’s a step forward, it is still short of the mark based on the last discussions on projections of future claims,” says Peg Seminario, director of occupational safety for the American Federation of Labor-Congress of Industrial Operations.

In April, Democrats blocked a $124 billion Republican plan to fund litigation that has bankrupted more than 70 companies, saying asbestos makers and their insurers should have to contribute at least $30 billion more for workers exposed to asbestos.

Seminario says that while Daschle’s proposal addresses many unresolved issues, she wonders if a deal is possible given “how far apart the parties remain.’

West Palm Beach, Fla., is a hotbed of asbestos legislation, and has come alive recently with talk of potential reform of that legislation.

The Palm Beach Post reports that more than 730,000 asbestos claims costing more than $70 billion have already made their way through Palm Beach County, and some lawyers are only encouraging the free-for-all.

They are advertising at as a safe haven for all wayward — and not so wayward — asbestos claims. Which leads many to believe South Florida needs a dose of legislation reform.

Travelers Property Casualty Corp.’s proposal to pay $500 million to victims of asbestos-related diseases is on its way to becoming a reality after a judge said the settlement amount is acceptable, says Bloomberg News.

If all goes as planned, the the pact would be one of the largest settlements in asbestos-legislation history, the article says. Travelers insured the Johns-Manville Corp. (which no longer exists) for more than 30 years while it produced and sold asbestos.

Thanks to a circuit judge in West Palm Beach, Fla., all asbestos lawsuits have come to a screeching halt. According to the Palm Beach Post, Judge Timothy McCarthy said he would not hear another case until the question of where the lawsuits should be filed is answered. After a “rancorous” two and 1/2 hour hearing on whether to dismiss of transfer 72 asbestos-related claims filed by a Miami law firm on behalf of citizens in Alabama and other parts of Florida.

Palm Beach, Broward and Miami-Dade counties are sought after filing locations because each has a separate asbestos division and case management system that forces 99 percent of claims into settlements, the article says.

In attempts to ward off a potential asbestos-like crisis, Ohio Gov. Bob Taft signed into law a bill making it more difficult for those exposed to silica to sue before they become ill, according to an article published in The Toledo Blade.

The law, which likely will take effect in early September, makes Ohio the first state to establish a medical threshold plaintiffs must meet to sustain a suit against firms that mine sand and quartz or make the safety equipment for sand blasters, glass makers and other workers.

According to an article published by the London Times, reinsurance company Equitas warned that U.S. Senator Owen Hatch’s attempt to cap the soaring cost of asbestos-related compensation claims is expected to fail. The company, which was set up by Lloyd’s of London in 1996, also said it has raised its reserves against such claims by 296 million pounds. In total, Equitas has 4 billion pounds against asbestos-related claims as legal cases mount in the United States, according to the article.

Amid recent Wall Street rumors that a national fund to pay asbestos victims’ claims, lawmakers said no agreement has been reached. The fund would be financed by asbestos litigation defendants and insurers with the idea that set amounts would be paid to victims of asbestos-related diseases, while ending their right to sue.

In an article published by Reuters, Senate Democratic Leader Tom Daschle said, "Contrary to market rumors, there has been no deal reached on the issue of asbestos."

But lawmakers are still discussing the issue and are hopeful that a bipartisan solution can be reached, he said in a statement.

The Seattle Post-Intelligencer recently published an opinion column by Edwin Rasmussen, a former state commander of the Washington Department of the Veterans of Foreign Wars, about U.S. veterans exposed to asbestos during their service from World War II through the Vietnam War. In that era, all of the military services used asbestos widely as insulation. As a result, Rasmussen says, thousands of veterans already have been lost to asbestos-related diseases and more will follow.

Time is already short for these victims, so Rasmussen says it is “regrettable that the U.S. Senate recently let partisan wrangling sideline important legislation that would provide compensation to veterans and other victims of asbestos-related illnesses.”

The Harford Courant has an excellent article covering the personal side of things as well as the heavy lobbying taking place regarding the pending asbestos legislation bottled up in the U.S. Senate.

Ohioans exposed to cancer-causing asbestos will be barred from suing if they have not yet exhibited symptoms of disease under a bill just approved the Ohio state Senate. As reported by the Toledo Blade the bill would make Ohio the first state to establish medical criteria for asbestos lawsuits, despite arguments it would not protect Ohio companies doing business nationally from being sued in other states. The Senate voted 22-11 in favor of the bill with all Republicans supporting it and all Democrats voting "no."

The Financial Times estimates 700,000 businesses across the United Kingdom may not meet new regulations designed to combat workplace asbestos.

An independent survey conducted by Lighthouse Global suggests more than half of businesses have not carried out asbestos assessments and more than a third have not even heard of the new regulations.

The new regulations, which will take effect May 21, require every business to carry out an asbestos assessment on their properties. If asbestos is found, corrective legal action will be taken. The legislation was introduced in October of 2002 to protect employees from the largest single cause of work-related deaths in the UK.

The Bakersfield Californian reported that on behalf of the State of California, an attorney filed a civil lawsuit against Pacifica Enterprises of San Diego - which owns the Padre Hotel in Bakersfield - for purposely and repeatedly violating state asbestos-removal laws in an attempt to save money.

According to the suit, Pacifica used untrained workers to demolish the Padre, exposing those workers to asbestos. Pacifica also hired a company to illegally dispose of the asbestos in the Bena Landfill, a dump used by the public.

Paul Brodeur, staff writer for the New Yorker magazine, has been writing about environmental problems for 36 years. Talking in Missoula, Montana on Friday April 30 The Missoulian reported he had some harsh words for the government and big business:

"Industry always lies; the government rarely tells the truth."

For Brodeur, that has resonated through his years of reporting on workers exposed to and killed by asbestos. For decades, he said, businesses that knew the substance would kill people working for them hid that knowledge from the workers, their families and the public.

That deceit is built into the corporate structure, he said.

"It is the private enterprise system as presently constituted," he said.

It's up to the press to tell the story of asbestos and other byproducts of human industry that are polluting the air, water and land - over and over and over - to keep it in the open, said Brodeur and others at a press conference at the Missoula Art Museum, beginning a weekend of events about asbestos and its lethal effects on the towns where it is mined and turned into products, including Libby.

Reuters reported this week about half the $124 billion proposed for a national asbestos victims fund would be needed within five years, according to organized labor which is participanting in talks on creating such a fund.

It was reported the AFL-CIO analysis surprised business representatives and insurers at the negotiations trying to craft the fund to replace asbestos injury lawsuits that are said to be crippling many companies. "It appears to be a step away from the table, as opposed to a step towards agreement," said Julie Rochman, spokeswoman for the American Insurance Association.

The St. Louis Dispatch recently covered a conference focusing on class action suits and asbestos-related litigation in Madison County. The conference was organized by Washington Univeristy's Trial and Advocacy Program, the Journal of Law and Policy and the Coalition for Litigation Justice.

Griffin B. Bell, a former US attorney general said places such as Madison County, which has a growing reputation for large judgments against defendants, bring a "stain on our system."

Bell was taken by Plaintiff's trial lawyers who noted Bell works at a law firm whose clients include asbestos defendants. They accused Bell of shilling for corporate America.

The Abestos Disease Awareness Organization applauds the US Senate for rejecting recent asbestos legislation to limit victim rights.

Here's the organaization's April 22 press release:

The Asbestos Disease Awareness Organization (ADAO), an organization dedicated to serving as the voice of asbestos victims, today praised the United States Senate for rejecting S. 2290.

ADAO has been meeting with legislators to share victims' concerns about S. 2290 and is calling for an independent commission to determine fair funding levels. According to ADAO, the bill has numerous inequities - including inadequate compensation, awards not based on the merits of individual cases, no opt-out clause ensuring a person's right to file a lawsuit, debts against the value of insurance coverage, and more.

"We applaud the United States Senate for rejecting S. 2290 in today's session," said Linda Reinstein, Executive Director, Asbestos Disease Awareness Organization. "This bill does not fairly represent asbestos victims and we look forward to continuing to work with Congress to help find the right solution."

The occurrence of asbestos-related diseases, including mesothelioma, lung cancer and asbestosis, is growing out of control. Studies estimate that during the next decade, 100,000 victims in the United States will die of an asbestos related disease - equaling 30 deaths per day.

The Oregonian reports asbestos has turned a Klammath Falls neighborhood into a nightmare.

The families of this wooded subdivision say that when they moved in they didn't know the developer had buried tons of asbestos-laden debris here and left more on their land.

Broken pieces of tile, siding and roofing that contain asbestos -- as big as a hand or as small as a dime -- push up through the frost-cracked ground and mingle with the dirt.

"We thought we had found our house in paradise," said Richard Gibson, who with his wife, Susan, lives in a home once valued at $193,200. "We put all of our chips in. Now it's worth nothing."

A cavalcade of agencies through the years discovered problems at North Ridge Estates, but it didn't make a difference.

The U.S. Environmental Protection Agency and the Oregon Department of Environmental Quality failed to police the developer despite concerns about asbestos disposal practices at the site nearly 25 years ago. Two other agencies -- the U.S. Army Corps of Engineers and Klamath County -- failed to draw attention to potential problems at the site.