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EPA Withdraws Delay Motion

Throneberry Law Group

In a rapid policy change, the U.S. Environmental Protection Agency (EPA) has withdrawn a motion it filed to postpone the enforcement of its 2024 asbestos rule, after facing significant backlash from mesothelioma advocacy groups. The EPA filed the initial motion on June 16, 2025, requesting a six-month delay in the ongoing legal proceedings pertaining to the agency’s final risk management rule targeting chrysotile asbestos, the only type of asbestos that is still allowed in the United States. Merely weeks later, the EPA reversed its position.

Asbestos is a naturally occurring mineral that is known to cause many aggressive and fatal illnesses, including mesothelioma, which often develops decades after initial exposure. Research suggests that approximately 3,500 Americans are diagnosed with mesothelioma every year. While most people assume that this substance is banned in the U.S., this dangerous substance is still being used. Asbestos continues to pose serious health risks, not only to people who work directly with it, but also to users of asbestos-contaminated products and family members or others exposed indirectly through contaminated clothing, tools, or workplaces. Chrysotile asbestos, in particular, continues to be used in industrial operations such as chlor-alkali manufacturing and chemical production.

Despite science establishing the connection between asbestos and several life-threatening diseases like mesothelioma, regulatory action in the U.S. had been inconsistent. Some years back, the EPA considered banning asbestos, but it faced opposition from the industries that continue to use this toxic substance. However, last year, the Agency finally issued a risk management rule under the Toxic Substances Control Act (TSCA) that would restrict the use of chrysotile asbestos in multiple industries. To the victims, survivors, and affected families, who have for years been pushing for asbestos to be banned, this move was considered a long-awaited milestone.

The initial motion from the EPA had caused concern among those who supported the 2024 rule. The Agency’s June filing indicated it intended to reevaluate certain aspects of the 2024 final risk management rule through a new notice-and-comment rulemaking process. Critics feared that this approach could lead to weaker rules and more delays in enforcement. Groups like ADAO quickly opposed the Agency’s move, emphasizing that regulatory delays can prolong public exposure to this known carcinogen. Since asbestos-related illnesses can take decades to develop after initial exposure, timely enforcement of such rules is critical to preventing future cases.

The EPA finally withdrew its request to delay the 2024 asbestos rule enforcement. In a statement to the Fifth Circuit, the agency said it no longer intended to make immediate changes to the rule. Instead, the EPA requested that the court set August 8 as the deadline for bringing forward motions for further proceedings. Instead of pursuing broader regulatory changes, the Agency said it will focus on reviewing workplace protection measures for two industry uses that continue to put many workers at risk: sheet gaskets used in non-titanium dioxide chemical production and operations within the chlor-alkali industry.

This decision has been cautiously applauded by public health advocates. They see this as a step back toward meaningful progress in the fight against asbestos-related illnesses.

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