Posted on May 20, 2026 

 2026 10-Day Campaign: Back to Court: Still Fighting Asbestos Nearly 40 Years Later

10 Days. 10 Truths. Why ADAO Is Returning to the Fifth Circuit Court on June 1, Nearly 40 Years After the 1989 Asbestos Ban Was Overturned to Fight for Public Health

On June 1, 2026, the Asbestos Disease Awareness Organization (ADAO) will return to the Fifth Circuit Court of Appeals in New Orleans for oral arguments in Texas Chemistry Council v. EPA, the legal challenge to the EPA’s 2024 chrysotile asbestos rule.

This is not just another court case.

It is part of a decades-long fight over whether the United States will finally end asbestos use and fully protect public health.

Nearly 40 years ago, the same court overturned EPA’s 1989 asbestos ban in Corrosion Proof Fittings v. EPA, a decision that weakened federal chemical protections for decades and allowed asbestos use to continue in the United States. Today, industry groups are again challenging EPA authority under the Toxic Substances Control Act (TSCA), this time targeting the first asbestos ban finalized under the amended Lautenberg Chemical Safety Act.

Earlier this month, Olin Corporation withdrew its petition challenging EPA’s chrysotile asbestos rule. Now, the American Chemistry Council, one of the largest and most influential trade associations in the United States, has withdrawn its challenge to EPA’s scientific risk evaluation. Together, these developments reinforce the strength of the evidence showing that chrysotile asbestos poses an unreasonable risk to human health and demonstrate growing industry consensus that chrysotile asbestos poses an unreasonable risk to human health.”

For the next 10 days, ADAO will share “10 Truths” about asbestos, prevention, policy, and why this legal battle matters to every family, worker, patient, and community. For more details on the court case, check out our “Follow ADAO to Court” blog.

Day 1

The United States still has not fully banned asbestos.

Nearly 70 countries have banned asbestos, yet asbestos remains legal in certain uses in the United States. Despite overwhelming scientific evidence linking asbestos exposure to cancer and disease, loopholes and exemptions continue to place Americans at risk.

Day 2

Asbestos kills approximately 40,000 Americans every year.

Mesothelioma, lung cancer, ovarian cancer, and asbestosis continue to devastate families across the country. These diseases are preventable, but asbestos exposure continues through ongoing use, aging infrastructure, and legacy contamination.

Day 3

ADAO is joined by 17 petitioners that consist of public health experts, physicians, scientists, firefighters, labor advocates, and organizations in the Fifth Circuit case to protect and strengthen the rule against industry challenges. 

Day 4

ADAO is returning to the same Fifth Circuit Court that overturned the 1989 asbestos ban.

This case carries historic weight. The Fifth Circuit’s 1991 decision in Corrosion Proof Fittings effectively blocked the EPA’s original asbestos ban and weakened TSCA for decades. On June 1, ADAO returns to that same court to defend public health protections once again.

Day 5

Industry is challenging the EPA’s 2024 chrysotile asbestos rule, echoing the same legal tactics used in 1989.

Industry petitioners argue the EPA exceeded its authority under TSCA. Public health advocates, scientists, labor organizations, and impacted families strongly disagree. The science has only grown stronger over the past four decades.

Day 6

EPA’s 2024 rule addresses only chrysotile asbestos and six ongoing uses.

While the 2024 rule represents important progress, it is not a full ban on asbestos. Other asbestos fiber types and legacy asbestos contamination remain unaddressed.

Day 7

Prevention remains the only cure for mesothelioma.

There is no cure for mesothelioma and other asbestos-caused diseases. Prevention through stronger protections, comprehensive bans, education, and early intervention remains the most effective public health strategy.

Day 8

The latest Lancet study confirms asbestos remains a global public health crisis.

New research using Global Burden of Disease data confirms that asbestos-related cancers continue to rise in parts of the world, including among women and communities facing ongoing occupational and environmental exposure.

Day 9

Nearly 150,000 people have signed ADAO’s petition calling for an asbestos ban “without loopholes or exemptions.”

For nearly a decade, supporters from around the world have joined ADAO in calling for a complete asbestos ban. Every signature represents a voice demanding accountability, prevention, and action.

Day 10

The Alan Reinstein Ban Asbestos Now (ARBAN) Act remains the clearest legislative path to permanently ban all asbestos in the United States.

While litigation continues, legislation remains essential. ARBAN would ban all six regulated asbestos fiber types and establish stronger, permanent protections for public health.

Why This Moment Matters 

This courtroom battle is about more than regulatory language. It is about whether science, prevention, and public health will prevail over delay, loopholes, and continued asbestos use. ADAO has spent more than 20 years fighting to prevent exposure and eliminate asbestos-caused diseases. We return to court carrying the stories of patients, families, workers, advocates, scientists, and communities who understand the human cost of inaction.

The science is clear. The history is clear. The consequences are clear.

Now the court must decide whether the United States moves forward or repeats its past mistakes.

Follow ADAO’s “10 Days. 10 Truths.” campaign across our social media platforms and subscribe to our updates as we head to New Orleans.

Members of the public can also follow this important case directly: 

Prevention is the cure.

See you in court, Linda Reinstein 

2026 Sponsors: ADAO is grateful to our sponsors and supporters, especially our Platinum Sponsors: Dean Omar Branham Shirley, LLP and Simmons Hanly Conroy, LLP, Gold Sponsors: The Gori Law Firm and Motley Rice LLC, and Silver Sponsor Early, Lucarelli, Sweeney & Meisenkothen.

The Asbestos Disease Awareness Organization (ADAO), a registered 501(c)(3) nonprofit organization, does not make legal referrals.