TUESDAY, APRIL 21, 2026

FOR IMMEDIATE RELEASE

ASBESTOS DISEASE AWARENESS ORGANIZATION FILES LAWSUIT TO COMPEL EPA ACTION ON LEGACY ASBESTOS
Filing builds on ADAO’s long-standing efforts to ensure EPA addresses asbestos risks comprehensively

WASHINGTON, D.C. — The Asbestos Disease Awareness Organization (ADAO), an independent nonprofit dedicated to preventing asbestos exposure and eliminating asbestos-related diseases, today announced the filing of a lawsuit in federal court in Washington DC against the U.S. Environmental Protection Agency (EPA) and its Administrator Lee Zeldin for failing to meet a mandatory legal deadline to address the ongoing public health threat of legacy asbestos.

On December 3, 2024, the EPA finalized its Part 2 risk evaluation and concluded that legacy asbestos—which includes materials present in millions of homes, schools, and workplaces—poses an “unreasonable risk to human health.” The Toxic Substances Control Act (TSCA) requires EPA to propose a risk management rule within one year of determining an unreasonable risk. The agency has failed to meet that deadline.

As a result, ADAO’s complaint seeks to compel the EPA to fulfill its non-discretionary duty under TSCA to propose a risk management rule for legacy asbestos.

“EPA’s own findings confirm what families, workers, and communities have known for decades: legacy asbestos is a clear and present danger to health and safety. The agency’s failure to act on those findings leaves millions of Americans vulnerable to unsafe asbestos exposure. This lawsuit is about accountability and enforcement—advancing prevention and ensuring no one is left unprotected,” said Linda Reinstein, President and CEO of ADAO.

Legacy asbestos includes insulation, floor tiles, roofing, pipes, and other materials widely used in construction throughout the twentieth century. Although no longer manufactured domestically, these materials remain in place in millions of structures across the United States. Exposure occurs during renovation, maintenance, demolition, and through asbestos-contaminated waste streams, continuing to place communities at risk nationwide.

Each year, nearly 40,000 Americans die from asbestos-related diseases, including mesothelioma, lung cancer, and asbestosis. Workers such as firefighters, construction workers, and teachers—and their families—face elevated risks due to the nature of their work and potential for secondary exposure.

ADAO provided formal notice of intent to sue on February 13, 2026, as required under TSCA’s citizen suit provision. More than sixty days have passed without EPA proposing the required rule, satisfying the statutory prerequisite for filing suit.

“TSCA imposes a mandatory, non-discretionary duty on EPA to act once it determines that a chemical presents an unreasonable risk. EPA made that determination for legacy asbestos and was required by law to propose a risk management rule within one year. Its failure to do so is a clear violation of the statute, and this lawsuit seeks to compel compliance with that legal obligation,” said Robert M. Sussman, counsel for ADAO.

This filing builds on ADAO’s long-standing efforts to ensure EPA addresses asbestos risks comprehensively. After successfully challenging EPA’s exclusion of legacy asbestos from EPA’s evaluation of asbestos risks in the Ninth Circuit in 2019, ADAO sued again to secure a court-ordered deadline for a  Part 2 risk evaluation addressing legacy risks after EPA dragged its feet. A consent agreement in that case directed EPA to complete the Part 2 evaluation in December 2024. EPA met that goal. This new lawsuit seeks to ensure EPA follows the next required step: risk management.

ADAO urges policymakers, public health leaders, and advocates to support comprehensive asbestos prevention efforts, including:

These actions are essential to advancing prevention and protecting public health. 

For asbestos prevention information, refer to www.adaoknowasbestos.org.

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About ADAO
The Asbestos Disease Awareness Organization (ADAO) is the largest independent nonprofit in the United States dedicated to preventing asbestos exposure and eliminating asbestos-caused diseases through education, advocacy, and community initiatives.