June 10, 2024 Release: ASBESTOS EXPERTS, PUBLIC HEALTH ORGANIZATIONS AND FIREFIGHTERS JOIN THE ASBESTOS DISEASE AWARENESS ORGANIZATION IN LITIGATION OVER EPA’S CHRYSOTILE ASBESTOS FINAL RULE
April 22, 2024 Release: ADAO FILES PETITION IN DC CIRCUIT COURT TO STRENGTHEN EPA’S PART 1 CHRYSOTILE ASBESTOS RULE, ADVOCATING FOR COMPREHENSIVE PUBLIC HEALTH PROTECTIONS
May 20, 2024 Release: ADAO FILES MOTION TO INTERVENE TO OPPOSE EFFORTS TO WEAKEN EPA PART 1 CHRYSOTILE ASBESTOS RULE
Posted on May 30. 2024
For nearly two decades, the Asbestos Disease Awareness Organization (ADAO) has led efforts to protect public health from asbestos’s dangers. Recent developments highlight the ongoing struggle to implement common-sense regulations in the face of one of the nation’s most influential and wealthy industries.
EPA’s Part 1 Chrysotile Asbestos Final Rule
In March, the EPA announced its final rule, “Asbestos Part 1: Chrysotile Asbestos: Regulation of Certain Conditions of Use Under the Toxic Substances Control Act (TSCA),” which bans or restricts certain uses of chrysotile asbestos in six conditions of use. Asbestos exposure is a known cause of devastating diseases like mesothelioma, lung cancer, and asbestosis. This rule was enacted in part because each year, asbestos-caused diseases claim the lives of nearly 40,000 Americans.
Within 30 days, industry representatives filed a lawsuit against the EPA, seeking to weaken or overturn the new regulations. The industry’s swift and aggressive move, unfortunately, echoes the challenges they brought in 1989 when the EPA first attempted to ban asbestos. In 1991, the industry lawsuits forced the EPA to quickly overturn its 1989 Asbestos rule. This reversal led to decades of importing and using this deadly chemical and over a million unnecessary deaths. Now, the industry seeks to do the same with EPA’s Part 1. The urgency of this situation cannot be overstated.
Legal Actions, Again
The American Chemistry Council and three state affiliates swiftly filed a Petition for Review against the EPA’s Part 1 Chrysotile Asbestos Final Rule. The unfortunate reality is that a multidistrict consolidation lottery has placed in these cases in the same circuit that overturned an asbestos ban in 1989.
In response to the industry’s lawsuit, ADAO, supported by over a dozen physicians, organizations, and associations, filed a Petition for Review to refute the industry’s claims, defend the science EPA used in the rule, and work to strengthen the rule for public health. Read more in the Motion to Intervene filed by Bob Sussman, ADAO’s counsel. You can also find the full list of co-petitioners here.
In conclusion, the ongoing challenge to the EPA’s asbestos regulations highlights the critical role of organizations like ADAO in defending science and advocating for public health. Just like the legal challenges in 1989, the outcome of today’s efforts will have lasting implications for the health and safety of future generations.
Linda Reinstein