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The Emerging Legal Problem of Naturally-Occurring Asbestos and Washington State’s Swift Creek Conundrum

By Jean O. Melious

 

swift creek warning sign

“A large landslide on Sumas Mountain, in rural Whatcom County, deposits more than 100,000 cubic yards of soil containing chrysotile asbestos fibers and heavy metals into Swift Creek every year. Swift Creek is part of an international river system that delivers asbestos from the landslide across farmlands, through small towns, and into Canada. Asbestos-laden soils will slide into Swift Creek for at least the next 400 to 600 years, and flood-deposited asbestos on shores, across farm fields, and in yards and basements will continue to raise the risk that residents will breathe in airborne asbestos fibers,” writes Jean O. Melious, Associate Professor at Huxley College of the Environment, Western Washington University. In her detailed and colorful article, Professor Melious examines the risk and liability issues of naturally occurring asbestos in northwest Washington State. The article highlights the gaps in applicable laws, outlines possible solutions, and argues for the development of rational policy for addressing the legal and health issues raised by naturally occurring asbestos.

Photo source: Jean Melious.

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