The U.S. Chamber of Commerce urged the Fifth Circuit Court of Appeals on January 20, 2026 to vacate the EPA’s 2024 rule banning chrysotile asbestos, arguing the agency exceeded its authority and failed to consult other federal regulators as required by law.
The filing is the latest challenge to what would be the most comprehensive asbestos ban in U.S. history, and it comes before the same court that overturned the EPA’s first ban attempt 35 years ago.
The Legal Challenge
The Chamber’s appeal consolidates at least five separate lawsuits from industry and environmental groups, all challenging aspects of the EPA’s March 2024 final rule. The Fifth Circuit was selected by random assignment.
Chamber’s key arguments:
- EPA failed to consult other agencies as required
- Rule exceeds agency’s statutory authority under TSCA
- Cost-benefit analysis was flawed
- Phaseout timelines are unrealistic for some industries
The court has granted a stay on the rule’s enforcement while it conducts a regulatory review mandated by executive order.
What the EPA Ban Would Do
The March 2024 rule targets chrysotile asbestos, the only form of asbestos still used commercially in the United States. Key provisions:
| Industry | Deadline |
|---|---|
| Asbestos cement sheets | 2026 (most uses) |
| Titanium dioxide production | 5-year phaseout |
| Chlor-alkali facilities | 5-12 years to transition |
| Nuclear materials processing | 5-year phaseout |
The ban would prohibit manufacture, import, processing, and distribution of chrysotile asbestos products.
This is the EPA’s second attempt at a comprehensive asbestos ban. The first, issued in 1989, was largely overturned by the Fifth Circuit in 1991 in Corrosion Proof Fittings v. EPA, leaving most asbestos uses legal. The 2024 rule was enabled by 2016 amendments to the Toxic Substances Control Act.
Current Status
The Fifth Circuit’s stay introduces significant uncertainty:
- Enforcement paused: The ban’s timelines are not currently being enforced
- EPA review underway: Agency conducting internal review per executive order
- Possible outcomes: Rule could be upheld, modified, or vacated entirely
The Asbestos Disease Awareness Organization (ADAO) has intervened in support of the ban, warning that vacating the rule would continue exposing workers and consumers to a known carcinogen.
What This Means for people affected by asbestos
The legal battle highlights the ongoing challenge of eliminating asbestos from American industry:
- Current exposure continues: An estimated 1.3 million U.S. workers remain exposed to asbestos
- Latency period: Mesothelioma can develop 20-50 years after exposure
- No safe level: Scientific consensus holds that no amount of asbestos exposure is safe
Advocates note that while litigation proceeds, approximately 40,000 Americans die annually from asbestos-related diseases.
Pending Legislation
Separately, the Alan Reinstein Ban Asbestos Now (ARBAN) Act of 2025 remains pending in Congress. The legislation would ban all six types of asbestos fibers, going beyond the EPA’s chrysotile-only rule.
What is the EPA asbestos ban?▼
In March 2024, the EPA finalized a rule banning chrysotile asbestos, the only type still used commercially in the U.S. The rule would prohibit manufacture, import, processing, and distribution with phaseouts ranging from 2026 to 12 years depending on industry.
Why is the Fifth Circuit hearing this case?▼
Multiple lawsuits challenging the EPA rule were consolidated, and the Fifth Circuit was randomly selected to hear them. This is significant because the same court overturned the EPA’s first asbestos ban attempt in 1991.
What happens if the ban is overturned?▼
If vacated, chrysotile asbestos would remain legal for current uses including chlor-alkali production, some construction materials, and certain industrial applications. Advocates warn this would continue worker and consumer exposure.
Is asbestos still used in the United States?▼
Yes. Chrysotile asbestos is still imported and used in chlor-alkali plants (for chlorine production), some brake products, and specialty applications. The EPA estimates 1.3 million workers have potential exposure.