FOR IMMEDIATE RELEASE

June 10, 2026

ADAO FILES SUPPLEMENTAL BRIEF & DECLARATIONS WITH FIFTH CIRCUIT TO DEFEND ITS STANDING TO SEEK STRONGER ASBESTOS PROTECTIONS IN EPA RULE  

ADAO and Co-Petitioners Reinforce Case for Legal Standing Following June 1 Oral Argument on Flaws in EPA Part 1 Asbestos Rule 

WASHINGTON, DC — The Asbestos Disease Awareness Organization (ADAO) and its 17 co-petitioners today filed four supplemental declarations and an eight-page standing brief with the United States Court of Appeals for the Fifth Circuit in Texas Chemistry Council v. EPA (No. 24-60193), responding to the court’s June 2 letter directing all petitioners to address their standing to challenge the EPA’s TSCA Part 1 Chrysotile Asbestos Rule.

Along with three declarations filed earlier in the case, the latest filings demonstrate how basic gaps in the EPA’s rule continue to expose workers, health and safety professionals, community members, and the public to asbestos hazards.

“The Court asked whether the people harmed by gaps in EPA’s asbestos rule have standing to seek stronger protections. Our answer is a resounding yes,” said Linda Reinstein, President, CEO, Co-Founder, and Board Certified Patient Advocate (BCPA) of ADAO. “The declarations ADAO filed today show that workers, firefighters, community members, and advocates continue to face serious asbestos exposure risks that the current rule does not meaningfully address. We came to New Orleans to argue that the EPA’s rule does not go far enough, that the phase-out periods are too long, that critical exposure pathways remain unaddressed, and that the rule fails to regulate all six asbestos fiber types and uses.” 

“We remain committed to those arguments and to persuading the Court to decide the important issues we have presented. Families of the approximately 40,000 Americans who die from asbestos-related diseases each year deserve a decision based on the science, the law, and the public health consequences of continued exposure,” she stated.

“Our seven declarations demonstrate that our concerns are not just abstract and theoretical but involve real people facing real health threats because of the rule’s basic flaws.” said Robert Sussman, ADAO’ s lead counsel. ” The individuals represented by ADAO and its co-petitioners have a direct and personal stake in the outcome of this case and deserve to be heard.”

The filing comes as the nation marks the tenth anniversary of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which made significant reforms to the 1976 Toxic Substances Control Act. A major driver of these amendments was disappointment with the EPA’s inability to ban asbestos following a 1991 Fifth Circuit decision that struck down the EPA’s 1989 ban under the old law.  Many members of Congress hoped that the new law would give the EPA the authority to finally complete the job of eliminating asbestos exposure.  

For ADAO and its co-petitioners, the issue is straightforward: Americans facing ongoing asbestos exposure should have the opportunity to ask the Court to ensure that federal law provides the protections Congress intended.

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About ADAO

The Asbestos Disease Awareness Organization (ADAO), founded in 2004, is the largest independent 501(c)(3) nonprofit in the U.S. dedicated to preventing asbestos exposure and eliminating asbestos-related diseases through education, advocacy, and community initiatives. For more information, visit: www.asbestosdiseaseawareness.org.