Court-Ordered Delay of EPA Asbestos Ban Raises Mesothelioma Fears

Mesothelioma patients, advocacy groups, and public health experts have raised concerns after a recent judicial ruling that halted the implementation of a long-anticipated ban on chrysotile asbestos. The U.S. Court of Appeals for the Fifth Circuit granted the Environmental Protection Agency’s (EPA) request to postpone the enforcement of the March 2024 rule that would have banned chrysotile asbestos, the only type of asbestos still being imported and used in the United States.

Asbestos has long been known to be the only cause of mesothelioma. Apart from mesothelioma, asbestos exposure can cause many other severe illnesses, including asbestosis and lung cancer. This delay has reignited worries about the nation’s continued reliance on a material many mistakenly believed was banned years ago.

The EPA faced decades of pressure from health advocates and mesothelioma victims and their families to ban asbestos in the U.S. Last March, the Agency finally responded by approving a ban on chrysotile asbestos. The rule brought hope to many that companies would finally stop manufacturing, importing, processing, and commercially using asbestos. While advocates viewed the new rule as falling short of their goals, it still provided immediate and phased compliance deadlines, especially impacting the chlor-alkali industry, the only sector that still brings raw asbestos fibers into the nation.

While many believed that chrysotile asbestos was banned in the U.S. long ago, this was not the case. Chrysotile asbestos remains in many products, including insulation, gaskets, vehicle parts, and construction materials. Legacy asbestos in old buildings and infrastructure also poses a huge threat. Chrysotile asbestos is to blame for countless mesothelioma cases. While the 2024 rule was seen by many as insufficient since it did not ban all asbestos-containing products, it meant that the dangers of asbestos had finally been acknowledged.

Despite support from many, the EPA rule faced immediate legal opposition from industry groups, including trade associations and chemical manufacturers. These organizations filed suit in the Fifth Circuit, arguing that the EPA had exceeded its authority under the Toxic Substances Control Act by imposing a complete ban on asbestos instead of limiting workplace exposure levels. In June this year, the Agency requested a six-month delay to reevaluate the ban through a new rulemaking process. This postponement could be prolonged for an additional 30 months to allow members of the public to comment. The court granted the motion, stopping the progress that many advocates had tirelessly worked for decades.

Mesothelioma prevention advocates have strongly condemned the delay, warning that it places many lives at risk. The advocates emphasize that asbestos-related illnesses cause approximately 40,000 deaths in the U.S. annually, and they worry that the pause in enforcement of the ban may allow continued asbestos use while the rule is being reviewed. The ADAO and other advocates have pointed out that every 13 minutes, someone in the U.S. dies from asbestos-related illness. Their concern is not just about how long it will take to get a permanent ban, but also about the fact that the EPA may not enforce the 2024 ban during the rulemaking process.

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