EPA’s New Asbestos Ban is Already Facing Litigation From Chemical Industry Lobbyists and Mesothelioma Advocates

In March 2024, the U.S. Environmental Protection Agency (EPA) handed down a final rule banning chrysotile asbestos in the United States of America. Chrysotile asbestos is the most common type of asbestos used across the world, and the only form of asbestos that is currently used in or imported into the U.S. Chrysotile asbestos can be found in many products, including sheet gaskets, brakes/linings, brake blocks, and other gaskets. This type of asbestos has been banned in 50 other countries worldwide. Exposure to any form of asbestos, including chrysotile asbestos, is known to cause mesothelioma, lung cancer, ovarian cancer, and many other aggressive and fatal illnesses. Asbestos exposure is linked to over 40,000 deaths in the United States of America every year.

As expected, the EPA is already facing lawsuits from both chemical industry lobbyists and mesothelioma advocates. Chemical lobbyists argue that the ban is overly restrictive, while mesothelioma advocates say the ban does not go far enough. On one side, the chemical industry claims that their use of asbestos is safe and should continue. The chemical industry argues that their use of asbestos poses no health risks. On the other hand, ADAO, labor unions, and other mesothelioma advocates are pushing for stricter regulations, arguing that the current EPA ban is insufficient to protect the public.

The chemical industry and mesothelioma advocates have filed their cases in different courts. This is a reflection of legal strategies. While the mesothelioma advocates chose to file their petitions in the U.S. Court of Appeals for the District of Columbia, the industry stakeholders decided to file their petitions in the conservative 5^th, 6^th, and 11^th circuit courts.

The ADAO and labor unions argue that the EPA rule should have gone further. However, the advocates have different objectives. ADAO is calling for a more aggressive approach to enhance protections against mesothelioma risk. On the other hand, labor unions have voiced their concern about occupational safety. They argue that the EPA rule does not adequately address interim asbestos exposure during the phase-out period. Labor unions are seeking interim occupational exposure standards to protect workers who may suffer asbestos exposure before the EPA ban is fully implemented.

The chemical industry is vocal in its opposition to the ban and claims that their use of asbestos poses no mesothelioma risk or the risk of other asbestos-related illnesses. According to industry stakeholders, the ban is unnecessary.

We will be following up with these legal battles and will update you as they progress. If the mesothelioma advocates prevail, the EPA may be required to implement stricter regulations. On the other hand, if the chemical industry wins, it could lead to a cancellation of the ban or the creation of exemptions. If this happens, it could undermine efforts to eliminate asbestos-related illnesses.

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If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment to help you and your family live a more comfortable life.