FOR IMMEDIATE RELEASE
May 27, 2026

FIFTH CIRCUIT TO DECIDE FATE OF LIMITED EPA BAN ON CHRYSOTILE ASBESTOS AND NEED FOR STRONGER PROTECTIONS

At a historic June 1 oral argument, ADAO will oppose industry attacks on the EPA rule and advocate for a comprehensive asbestos ban

WASHINGTON  — On June 1, 2026, the Asbestos Disease Awareness Organization (ADAO) will present its views to the U.S. Court of Appeals for the Fifth Circuit in New Orleans in Texas Chemistry Council v. EPA (Case No. 24-60193), on the U.S. Environmental Protection Agency’s (EPA) 2024 Chrysotile Asbestos Rule under the Toxic Substances Control Act (TSCA).

The Fifth Circuit is the same court that overturned EPA’s landmark 1989 asbestos ban in Corrosion Proof Fittings v. EPA, a controversial decision that weakened federal chemical protections for decades and allowed asbestos use to continue in the United States for 35 more years.

“ADAO will urge the court to defend science, public health, and enact stronger protections against dangerous asbestos exposure,” said Linda Reinstein, President and CEO and Co-Founder of ADAO. “This case will help determine whether the United States moves forward with strong asbestos protections or continues its long record of inaction. The Fifth Circuit’s ill-considered asbestos ruling in 1991 opened the door to decades of additional asbestos exposures, which we are only now closing. We can not go backward and must not repeat the mistakes of the past when it comes to protecting Americans from toxic asbestos, a substance responsible for millions of preventable deaths worldwide each year.”

The EPA’s 2024 Part 1 rule restricts six ongoing uses of chrysotile asbestos, the only form of asbestos currently imported into the United States. ADAO supports the rule and its strong scientific basis for the EPA’s determination that chrysotile asbestos poses an unreasonable risk to human health. Before the Court, ADAO will advocate for even stronger protections, including a comprehensive ban on all six regulated asbestos fiber types and uses, more rapid deadlines for transitioning away from asbestos use, and stronger protections for communities impacted by facilities using asbestos.  

Earlier this month, Olin Corporation withdrew its petition challenging EPA’s chrysotile asbestos rule. More recently, the American Chemistry Council (ACC) and allied industry petitioners withdrew their challenge to EPA’s scientific asbestos risk evaluation. However, despite these developments, the industry still seeks to block the rule. 

“These withdrawals reinforce the undeniable truth: chrysotile asbestos poses an unreasonable risk to human health,” Reinstein added. “Yet the industry continues to oppose any ban on asbestos, and acceptance of its position by the court will have dire implications for future protection.” 

A large coalition, including labor unions representing firefighters, well-known public health advocacy organizations, and world-renowned scientists and physicians concerned about ongoing health threats from asbestos, joins ADAO as co-petitioners in this case. They include:  

  • American Public Health Association
    • Collegium Ramazzini
    • International Association of Fire Fighters Locals F-116 and F-253
    • The FealGood Foundation
    • Dr. Henry Anderson
    • Dr. Brad Black
    • Dr. Barry Castleman
    • Dr. Raja Flores
    • Dr. Arthur Frank
    • Dr. Phil Landrigan
    • Dr. Richard Lemen
    • Dr. Steven Markowitz
    • Dr. Jacqueline Moline
    • Dr. Celeste Monforton
    • Dr. Christine Oliver
    • Dr. Andrea Wolf

In advance of oral arguments, ADAO is continuing its “10 Days. 10 Truths.” public education campaign, which highlights the ongoing risks of asbestos exposure and the importance of prevention, policy, and enforcement.

Members of the public and media may follow the oral arguments through the Fifth Circuit Court’s livestream and recorded proceedings.

To learn more about the case and ADAO’s advocacy efforts: Follow ADAO to Court Blog