Federal regulators have requested a stay of litigation regarding their recent asbestos ban as they reassess the landmark decision announced in March 2024, leaving mesothelioma advocates concerned that recent progress may be reversed. Though that litigation on the Environmental Protection Agency’s ban was pending in the Fifth Circuit Court of Appeals, there are fears that the new administration’s priorities may moot the point.
EPA Ban on Chrysotile Asbestos Had Marked Victory for Mesothelioma Advocates
The Environmental Protection Agency’s 2024 prohibition on chrysotile asbestos—the only type of asbestos still being imported into the United States—marked a significant victory for mesothelioma advocates: Not only was it was the first regulation to be realized under the strengthened 2016 Toxic Substances Control Act amendments, but it was also a significant step forward in protecting the public from the harms caused by the toxic mineral. However, the decision now faces an uncertain future after the Fifth Circuit Court granted regulators appointed by the Trump administration four months to reevaluate the ban.
Exposure to chrysotile asbestos has long been recognized as a cause of mesothelioma, the aggressive, terminal cancer that affects the lining of the cavity that holds either the pleural or abdominal organs. Even minimal asbestos exposure can trigger the challenging disease, which notably takes decades to make itself known and which has proven remarkably resistant to traditional treatment approaches. Beyond mesothelioma, asbestos inhalation can cause lung cancer, asbestosis, pleural thickening, and various respiratory diseases. Beyond mesothelioma, asbestos exposure has been linked to approximately 40,000 American deaths each year.
Proposed Ban Targets Occupational Exposure to Asbestos
Most cases of mesothelioma are a result of occupational asbestos exposure, and the regulation that’s being considered specifically targets the few industrial applications still in use, including water filtration diaphragms, automotive components, and specialized gaskets. If enacted, it will create an extended phase-out period. Advocates have been encouraged by the ruling, but worry that it doesn’t go far enough because it doesn’t also mandate the removal of legacy asbestos in older buildings.
The scheduled litigation included industry representatives, who say the ban represents EPA overreach because it disregards already-existing workplace protections. They also question the scientific evidence supporting the decision. The pause will be in place until mid-June, when the EPA will announce whether it will maintain, modify, or withdraw the prohibition. No matter their decision, there will be more litigation on the contentious issue.
If you or someone you love has been affected by exposure to asbestos, the Patient Advocates at Mesothelioma.net can help. For more information, contact us today at 1-800-692-8608.
