Three Federal Legal Cases, Bipartisan ARBAN Momentum, and New Public Health Resources
Posted on October 28, 2026 
The Asbestos Disease Awareness Organization (ADAO) continues advancing three significant federal legal cases, building bipartisan support for a comprehensive asbestos ban, and expanding access to evidence-based prevention resources. This multiprong approach to ending asbestos exposure, which can cause various kinds of cancer, is especially important as we enter November’s Lung Cancer Awareness Month.
For more than two decades, ADAO has brought together scientific research, public education, policy advocacy, and strategic litigation to address the continuing public health threat of asbestos. There is no safe level of exposure to asbestos.
ADAO’s distinctive approach integrates evidence-based prevention, federal policy reform, and legal accountability into one sustained public health mission. These efforts are interconnected, translating scientific findings into stronger protections for workers, families, and communities.
1. EPA Part 1: Awaiting the Fifth Circuit’s Decision
On June 1, 2026, the U.S. Court of Appeals for the Fifth Circuit heard oral arguments concerning EPA’s March 2024 chrysotile asbestos rule.
ADAO and its public health partners continue to defend the rule’s scientific foundation while challenging provisions that leave preventable exposure risks unaddressed. Following oral arguments, ADAO submitted supplemental legal filings supporting its standing to seek stronger safeguards.
Our position remains clear: defend the science, preserve the rule, and strengthen protections.
2. EPA Part 2: Legacy Asbestos Rule Delayed Until June 2027
In December 2024, EPA determined that legacy asbestos presents an unreasonable risk to human health. Research shows that legacy asbestos can be found in millions of schools, homes, and workplaces across the US, putting the average American at risk just going about their daily life. After EPA missed its December 2025 statutory deadline to propose a risk management rule, ADAO filed a federal lawsuit on April 21, 2026, seeking to compel agency action.
EPA now targets June 2027 for its proposed rule, extending uncertainty over protections against legacy asbestos exposure.
Recent industry comments argue that existing OSHA and EPA regulations adequately manage many asbestos risks and warn against duplicative requirements.
ADAO believes all asbestos regulations should be clear, consistent and unambiguous. We also believe that asbestos policy should be fully protective to ensure no American is exposed to deadly asbestos—whether it’s been in place for a century or imported this decade. Today millions of Americans remain at risk of asbestos exposure thanks to legacy asbestos which can be found in their homes, at their workplaces and in their communities. In addition, 1 in 3 American schools are known to contain legacy asbestos, putting children and their educators at risk.
Exposure to legacy asbestos significantly contributes to the 40,000 people who die each year from asbestos-related illnesses. EPA’s own 2024 risk assessment found legacy asbestos presents an “unreasonable risk to health” and it has an obligation to eliminate that risk. EPA can and should strengthen existing programs and fill gaps in protection to accomplish this and keep Americans safe from dangerous legacy asbestos.
It is clear we cannot manage the risk of the asbestos already present in the United States which is why a full and complete ban on additional asbestos imports and use is long overdue. ADAO continues to advocate for the passage of the Alan Reinstein Ban Asbestos Now Act, which will end the scourge of asbestos once and for all by banning all imports and use of all types of asbestos fibers once and for all.
A scientifically defensible rule must evaluate and address remaining exposure pathways, including risks associated with renovation, demolition, maintenance, and disposal.
We will remain firm in our belief that regulatory coordination must strengthen prevention, not become a justification for further delay.
3. White House East Wing Demolition: Transparency and Accountability
ADAO’s Freedom of Information Act (FOIA) lawsuit continues to seek critical records concerning asbestos assessment, abatement, air monitoring, worker protection, and waste disposal during the October 2025 White House East Wing demolition. Nearly one year after demolition, important questions remain about the safeguards implemented to protect workers and the public.
This month,ADAO filed another motion on October 15 seeking more complete disclosures, detailed search declarations, and explanations of withheld records after the court ordered relevant agencies to provide us with a response to our request. Public safety assurances must be supported by accessible, verifiable evidence. We have yet to see that in full.
Transparency is prevention. Safety cannot be retroactive.
4. ARBAN: Bipartisan Momentum Builds in Congress
In August,, Senators Jeff Merkley (D-OR) and John Curtis (R-UT) introduced the bipartisan Alan Reinstein Ban Asbestos Now (ARBAN) Act of 2026 (S. 5235). Representatives Suzanne Bonamici (D-OR) and Don Bacon (R-NE) lead the House legislation (H.R. 5373).
Support remains strong for the bill. Our 21st Asbestos Awareness and Prevention Conference program also featured congressional letters supporting ARBAN, reflecting sustained engagement with lawmakers and the broader prevention community. We also hosted our 20th Congressional Staff Briefing in September, where scientific, occupational health, and legal experts presented evidence about ongoing asbestos risks and the need for ARBAN.
ARBAN would establish a durable national framework prohibiting commercial asbestos, closing regulatory gaps, and providing greater regulatory certainty.
We continue to push for a comprehensive, bipartisan asbestos ban that prevents future exposure and saves lives.
5. New ADAO 9/11 Resource Hub: Turning Evidence Into Prevention
Twenty-five years after September 11, ADAO has launched its new https://911.adao.us/to strengthen public awareness of toxic dust exposure and its long-term health consequences.
The September 2026 release of approximately 170,000 pages of New York City records related to post-9/11 environmental conditions reinforces the importance of transparency, scientific research, and access to public health information.
Anyone who lived, worked, or went to school during or after the 9/11 attacks and the people involved in the cleanup may all be at risk, and the hub provides resources for responders, residents, workers, students, and families seeking to understand potential exposures and federal assistance programs. These programs include the World Trade Center Health Program and September 11th Victim Compensation Fund.
The lessons of 9/11 also reinforce a central issue in ADAO’s White House East Wing litigation: environmental health information must be available when it can help prevent exposure and protect communities.
6. November Lung Cancer Awareness Month: Prevention Must Include Asbestos
November’s Lung Cancer Awareness Month reminds us that asbestos causes both lung cancer and mesothelioma, two distinct lung diseases with devastating consequences.
Asbestos-related lung cancer remains a significant, preventable occupational and environmental health burden. Exposure may occur in workplaces, older buildings, and communities affected by renovation, demolition, and contaminated materials.
Scientific evidence also demonstrates that smoking and asbestos exposure interact to greatly increase lung cancer risk.
ADAO’s work emphasizes exposure prevention, greater public awareness, appropriate early detection for high-risk individuals, and stronger occupational and environmental protections.
Lung cancer prevention must include asbestos exposure prevention.
Looking Ahead to 2027: Science Must Lead to Action
As we prepare for 2027, our priorities remain clear: defend science-based regulations, compel overdue EPA action, demand government transparency, advance comprehensive asbestos legislation, and expand access to trusted prevention resources.
For more than 20 years, ADAO has demonstrated how evidence-based prevention, policy advocacy, and legal action can work together to protect public health.
The science is clear. The risks are preventable. The responsibility to act is ours.
Linda Reinstein