Advocates Hail Industry’s Drop of Key Asbestos Ban Challenge
Asbestos Exposure & Bans
Written by Travis Rodgers | Edited by Amy Edel
The American Chemistry Council and allied industry groups have withdrawn a major part of their legal challenge against a landmark federal asbestos ban. In a filing with the Fifth Circuit Court of Appeals, the industry told the court it won’t argue that the U.S. Environmental Protection Agency’s asbestos risk evaluation overestimates risk. The groups also said they don’t plan to present oral arguments on that issue when the Fifth Circuit hears the case on June 1.
The Asbestos Disease Awareness Organization called the move a significant milestone. Manufacturer and distributor of chemical products and ammunition Olin Corporation withdrew a similar petition challenging the EPA’s chrysotile asbestos ban earlier in May.
Linda Reinstein, president and co-founder of ADAO, spoke with us about these withdrawals and indicated this signals an important shift. She shared, “When the American Chemistry Council stops arguing that asbestos science is wrong, that’s not a small thing. It means the evidence is too strong to fight.”
We also spoke with Dr. Shannon Fitzgerald, a toxicologist and pharmacist who consults on pharmaceutical and environmental science. She told us she doesn’t see the industry’s retreat on this point as surprising “with every major global health, medical and scientific authority unanimously agreeing that all forms of asbestos are highly toxic and carcinogenic, particularly to vulnerable populations.”
What’s Still at Stake at the Fifth Circuit
As Reinstein cautioned, “This is progress, but it isn’t victory. The rule is still under attack and 40,000 Americans will die from asbestos-related diseases this year.”
Dr. Fitzgerald added that the chemical industry’s attempt to frame the EPA’s approach as a “worst-case assumption” was really just a necessary safety baseline required to protect human health under real-world conditions. She noted it was therefore legally and scientifically prudent to withdraw.
The ACC and its allies still plan to argue in court that the EPA went too far in banning chrysotile asbestos at chemical plants. The June 1 oral argument before the Fifth Circuit remains a critical moment in the battle over the future of asbestos use in the U.S.
The Fifth Circuit is the same court that struck down the EPA’s 1989 asbestos ban, a decision that allowed asbestos use to continue in the U.S. for decades. ADAO attorney and former EPA senior official Robert Sussman says the withdrawal is meaningful, but warns the rule remains under attack and the legal fight isn’t over.
Advocates Continue the Fight for a Total Asbestos Ban
Chrysotile asbestos remains the only form of asbestos still in commercial use in the United States. The EPA’s chrysotile rule, finalized in March 2024, was the first federal ban on a form of asbestos in more than 30 years. It phased out 6 recognized uses of chrysotile and blocked the chlor-alkali industry from importing it, but ADAO has pointed to serious gaps.
The organization says the phase-out periods of up to 12 years for some producers and lack of protections for auto mechanics or industrial workers handling existing asbestos parts leaves people at risk of asbestos exposure.
“Dropping one argument doesn’t protect a single family,” Reinstein noted. “We won’t stop until there’s a full ban and every American is protected.”
ADAO continues to push for a complete federal ban on all 6 asbestos fiber types through the Alan Reinstein Ban Asbestos Now Act, a bipartisan bill that aims to close the gaps the current rule leaves open. “The Alan Reinstein Ban Asbestos Now Act exists because partial rules leave people behind,” Reinstein said. “We need a complete ban on all 6 fiber types, not a phase-out with loopholes.”
Dr. Fitzgerald shared that the dual withdrawals from Olin Corporation and the ACC mark a significant shift. “With the industry coalition losing its biggest corporate member, Olin Corporation, and its strongest scientific argument within the same month, the pressure to drop the remainder of the lawsuit is surely weighing heavily. For those public health advocates and environmental groups in favor of eliminating chrysotile asbestos from the United States, these are hopeful times.”
Every step toward a stronger asbestos ban is personal for families dealing with mesothelioma and other asbestos-related diseases. With these major industry withdrawals in a single month, advocates say the momentum is real and they don’t plan to let it slow down. ADAO is also pursuing a separate lawsuit against the EPA over a missed deadline to address the public health threat of legacy asbestos in homes, schools and worksites across the country.
