The Toxic Substances Control Act (TSCA) is meant to protect Americans from the risks posed by dangerous materials like asbestos, which causes mesothelioma and other serious illnesses. This week, the nonprofit group the Asbestos Disease Awareness Organization filed a federal lawsuit in Washington, D.C., accusing the U.S. Environmental Protection Agency (EPA) of violating the law by failing to propose a required risk mitigation rule for “legacy” asbestos materials that still expose millions of Americans to asbestos and the diseases that exposure to the material causes.
Advocacy Group Demands EPA Action on Existing Materials That Risk Mesothelioma
The Asbestos Disease Awareness Organization is dedicated to preventing asbestos exposure and eliminating asbestos-related diseases like mesothelioma. According to the group’s lawsuit, on December 3, 2024, the EPA determined that asbestos-containing materials like insulation or floor tiles that are no longer produced still pose an “unreasonable risk to human health” and that the TSCA therefore required the agency to propose a risk mitigation rule within one year.
“EPA’s own findings confirm what families, workers, and communities have known for decades: legacy asbestos is a clear and present danger to health and safety,” ADAO President and CEO Linda Reinstein said in a statement accompanying Tuesday’s lawsuit. “The agency’s failure to act on those findings leaves millions of Americans vulnerable to unsafe asbestos exposure, causing mesothelioma. This lawsuit is about accountability and enforcement, advancing prevention and ensuring no one is left unprotected.”
Asbestos Risk Management Action Would Prevent Future Mesothelioma Cases
The ADAO noted that its lawsuit follows the Ninth Circuit’s 2019 ruling that the EPA must consider “legacy uses” of a substance when performing risk evaluations under the TSCA. The EPA had announced such an evaluation for asbestos in 2016, ultimately publishing its final risk evaluation for legacy asbestos in December 2024, in which it acknowledged it would have to initiate risk management action under the TSCA to prevent future mesothelioma cases from existing asbestos materials.
In an effort to force the agency to take the action needed to prevent future mesothelioma cases, in February, the organization provided the EPA with written notice about its intention to file the present lawsuit. The agency’s ongoing failure to propose a risk mitigation rule following its December 3 deadline and 60 days past the February notice allowed private parties like the ADAO to seek relief under the TSCA for protection against mesothelioma-causing legacy asbestos.
ADAO Requests Declaration and Deadline Regarding Legacy Asbestos
ADAO has asked the court to declare that the EPA is in violation of its duties under the TSCA and to order the agency to propose a risk mitigation rule on legacy asbestos by a court-ordered date, addressing the ongoing mesothelioma exposure risk from asbestos-containing materials installed in buildings, schools, homes, and workplaces decades ago that continue releasing deadly fibers.
If you or someone you love has been diagnosed with mesothelioma or another asbestos-related disease, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
