FOR IMMEDIATE RELEASE
May 20, 2026
MAJOR INDUSTRY PETITIONERS WITHDRAW KEY SCIENTIFIC CHALLENGE IN ASBESTOS LITIGATION
Decision of ACC and Allied Chemical Trade Associations is Major Milestone In Effort to Ban Asbestos 
WASHINGTON, D.C. — The Asbestos Disease Awareness Organization (ADAO) today applauded the news from the American Chemistry Council (ACC) and allied industry petitioners that they are withdrawing their legal attack on a major pillar of the U.S. Environmental Protection Agency’s (EPA) Asbestos Part 1: Chrysotile Asbestos; Regulation of Certain Conditions of Use Under the Toxic Substances Control Act (TSCA).
In a May 18 filing with the Fifth Circuit Court of Appeals, the chemical industry told the court that it will no longer argue that EPA’s asbestos risk evaluation “fails the substantial evidence standard because it is based on worst-case assumptions and not actual conditions of use, thereby overestimating risk.” The industry petitioners further stated they “do not seek vacatur of EPA’s Risk Evaluation” and “do not plan to present oral argument on this issue” on June 1, when a panel of the Fifth Circuit will hear the case.
“This is an important development in the ongoing effort to protect public health from asbestos exposure,” said Linda Reinstein, President and Co-Founder of ADAO. “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the American Chemistry Council, one of the largest and most influential trade associations in the United States, has withdrawn its challenge to EPA’s scientific risk evaluation.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 demonstrates growing industry consensus that chrysotile asbestos poses an unreasonable risk to human health.”
“For decades, industry groups have attempted to minimize the dangers of asbestos exposure,” Reinstein added. “Yet the science is clear: preventing exposure to all asbestos fibers and uses remains the only cure for asbestos-caused diseases that claim the lives of 40,000 Americans each year.”
Despite this news, ACC and its allies will still seek to invalidate the EPA chrysotile asbestos ban on other grounds and are asking the Court to rule EPA went too far in banning use of chrysotile asbestos at chemical plants.
The upcoming oral argument remains a critical moment in the legal battle over the fate of asbestos use in the United States.
“The industry petitioners’ attack on EPA’s asbestos risk evaluation was a major part of their challenge to the EPA rule,” stated Robert Sussman, a former EPA senior official and counsel for ADAO. “Their decision not to pursue this issue means that they no longer dispute the well-established asbestos science that EPA relied on. However, the case continues and the rule is still under attack. ADAO will both defend the rule and seek to make it stronger in preventing asbestos exposure.”
“The Fifth Circuit is the same court that struck down EPA’s 1989 asbestos ban and it is critically important to persuade the Court that this new asbestos ban should be upheld,” Sussman said.
In addition to this legal action, ADAO remains committed to defending science, strengthening the EPA rule, and advancing a comprehensive ban on all six asbestos fiber types through the bipartisan Alan Reinstein Ban Asbestos Now (ARBAN) Act.
About ADAO
The Asbestos Disease Awareness Organization (ADAO) is an independent nonprofit organization dedicated to preventing asbestos exposure and eliminating asbestos-caused diseases through education, advocacy, and community initiatives. Founded in 2004, ADAO is the largest independent asbestos victims’ organization in the United States.
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.