PRESS RELEASE

September 18, 2025

ADAO FILES FINAL LEGAL BRIEF CHALLENGING EPA’S LIMITED ASBESTOS BAN, CALLS FOR COMPREHENSIVE PROTECTION AGAINST ALL SIX DEADLY FIBERS

Industry Petitioners Seek to Vacate the Rule Entirely — Leaving Americans Unprotected from Asbestos

Washington, DC – The Asbestos Disease Awareness Organization (ADAO), joined by a broad coalition of public health groups, leading asbestos scientists, and labor organizations, filed its final reply brief challenging the U.S. Environmental Protection Agency’s (EPA) March 2024 Part 1 Chrysotile Asbestos Rule under the Toxic Substances Control Act (TSCA). 

The EPA’s rule imposes a limited ban on six ongoing uses of chrysotile asbestos, just one of the six recognized asbestos fibers. In their reply brief, ADAO and co-petitioners argue that the EPA’s rule is incomplete and under-protective. It fails to address five other lethal fibers and leaves discontinued asbestos uses unregulated—uses that could be reintroduced into U.S. commerce.

“We have defended EPA’s rule against unjustified and unscientific industry attacks that aim to weaken protections for workers and communities in the United States,” said Linda Reinstein, ADAO Cofounder and President. 

“But importantly, we have also advocated for a stronger rule that provides comprehensive safeguards against all forms of asbestos,” she explained.

The brief outlines three major deficiencies in EPA’s approach:

  • Incomplete Coverage: EPA violated TSCA by failing to regulate all six asbestos fibers and all conditions of use, leaving dangerous gaps in protection. 
  • Industry-Friendly Timelines: The rule gives OxyChem, a major chlorine and caustic soda producer, twelve years to transition away from asbestos, despite the availability of safer alternatives, prolonging exposure to workers and communities. 
  • Failure to Address Environmental Releases: EPA did not adequately evaluate or restrict asbestos releases to air, water, and waste, despite acknowledging these exposures will persist for years under the rule.

With the filing of this final brief, the case is now ready for decision by the U.S. Court of Appeals for the Fifth Circuit in New Orleans. Oral arguments are expected in early 2026.

“EPA was obligated under TSCA to ban not only chrysotile but all six asbestos fibers, and to close the door to their future importation and use. We are asking the Court to direct EPA to strengthen its rule and deliver the comprehensive protections the public deserves,” Bob Sussman, ADAO Counsel, emphasized.

“It is reprehensible that, after nearly a decade of work, industry is asking the Court to vacate the rule entirely. Litigation is uncertain; if the rule is remanded or vacated, the U.S. will once again have no meaningful asbestos protections under TSCA,” Reinstein noted. 

“That is why legislation like the bipartisan Alan Reinstein Ban Asbestos Now (ARBAN) Act of 2025, introduced this week remains the most certain and urgent path to a comprehensive asbestos ban.”

All asbestos fibers cause deadly diseases, including mesothelioma, lung cancer, and asbestosis, contributing to more than 40,000 deaths annually in the United States.

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