August 9, 2018

Listen to the Episode

From The Official Website:

Today's Rapid Response Friday breaks down everything you need to know regarding the Trump EPA's recent rules change regarding asbestos. Is it as ominous as it sounds? (Yes.)

We begin, however, with the oddest OA segment of all time: Devin Nunes was right! What was he right about, and what's a Michael Kinsley gaffe? You'll just have to listen and find out!

After that, in a bonus segment, the guys break down the recent indictment of Chris Collins (R-NY-27) for insider trading.

The main segment breaks down the EPA's Significant New Use Rule (SNUR) regarding asbestos and help you evaluate the competing claims being lobbed back and forth. Did the Trump Administration open up the use of asbestos in household products? Or did they make it harder to use asbestos as the EPA claims? We give you a definitive answer.
After that, Andrew partially answers a listener question in light of Rick Gates's testimony in the Manafort trial while teasing that the rest will get answered sometime soon.
And if that wasn't enough, we end with an all new Thomas Takes The Bar Exam #88 involving a contract, waiver and modification, and subsequent assignment to another party. Phew! If you'd like to play along, just retweet our episode on Twitter or share it on Facebook along with your guess and the #TTTBE hashtag. We'll release the answer on next Tuesday's episode along with our favorite entry!

Show Notes & Links

  1. Here's a link to the NBC story on the Devin Nunes tape; and here's a link to one in the Washington Post; they're both delightful.
  2. This is the Collins indictment, and this is the text of 17 CFR 240.10b-5.
  3. The TSCA is 15 U.S.C. § 2601 et seq.
  4. Here's the letter that the ACC wrote to the EPA back in August of 2016 arguing that they should be able to use asbestos.
  5. For an in-depth critique of the Trump EPA's evaluative process, you can check out the annotated source documents and the summary article in the New York Times.
  6. Here's the text of the new EPA SNUR, and here's the (laughable) EPA dissembling as to what it means.
  7. Finally, here's the report on Rick Gates's cross-examination over his affairs.

Law Talkin' Stuff

Magic Law Words





  • [00:00:00] Intro
  • [00:03:08] Let's Get Political: Devin Nunes tapes
    • [00:05:30] Clip of the tape
    • [00:09:25] Chris Collins indictment for Insider Trading
  • [00:22:00] Main Segment: Asbestos and the EPA
    • [00:24:30] TSCA 15 US Code §2601
  • [00:27:35] Commercial
    • [00:31:15] Amendment to TSCA
    • [00:32:45] Andrew tries to pronounce the 10 chemical substances
    • [00:34:35] American Chemistry Council letter
    • [00:37:20] New rule regarding asbestos
    • [00:43:50] EPA's statement
  • [00:54:50] Listener Questions: Suppose independent evidence was discovered and charges were filed against an individual who previously received use immunity
  • [00:59:55] Patron Hall of Fame
  • [01:05:00] Thomas Takes the Bar Exam: Are the terms in a contract between a creditor and debtor maintained if the creditor sells the debt? (question)
  • [01:14:00] Outro

(The time stamps above are derived from the audio provided on the official website; they may vary from audio without ads that are provided through the patreon feed.)

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