U.S. Chamber Urges 5th Circuit to Vacate EPA Asbestos Ban
U.S. Chamber asks Fifth Circuit to vacate EPA's 2024 chrysotile asbestos ban. Court grants enforcement stay during review.
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. ADAO is also pressing the Consumer Product Safety Commission to act on a separate gap in US enforcement, the 12-country recall wave of children’s craft sand contaminated with tremolite that has produced no US recall since the first foreign pull in November 2025.
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.
References
Law360.
https://www.law360.com/articles/2431425/chamber-tells-5th-circ-epa-asbestos-ban-goes-too-far
ADAO.
https://www.asbestosdiseaseawareness.org/newsroom/blogs/from-1989-to-2026/
EPA.
https://www.epa.gov/asbestos/epa-actions-protect-public-exposure-asbestos
E&E News.
https://www.eenews.net/articles/5th-circuit-to-hear-lawsuits-on-epa-asbestos-ban/
Reader Q&A
Frequently Asked Questions
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.
What are the OSHA regulations for asbestos?
OSHA regulates asbestos exposure through standards for general industry (29 CFR 1910.1001), construction (29 CFR 1926.1101), and shipyards (29 CFR 1915.1001). The permissible exposure limit is 0.1 fibers per cubic centimeter as an 8-hour time-weighted average, with an excursion limit of 1.0 fibers per cubic centimeter over 30 minutes. Employers must train exposed workers initially and annually, monitor air levels, use engineering controls and PPE, and provide medical surveillance when limits are exceeded. No safe level of asbestos exposure exists for workers.
Who regulates asbestos in the US?
The Environmental Protection Agency (EPA) and Occupational Safety and Health Administration (OSHA) are the primary federal agencies regulating asbestos in the US. The EPA enforces laws like the Clean Air Act’s National Emission Standards for Hazardous Air Pollutants (NESHAP) for emissions during renovations and demolitions, the Toxic Substances Control Act (TSCA) for product use, and the Asbestos Hazard Emergency Response Act (AHERA) for schools. OSHA sets workplace exposure limits and protective standards. Other agencies include the Consumer Product Safety Commission (CPSC) for consumer products, Mine Safety and Health Administration (MSHA) for mines, and state agencies that add local rules.
What are the six regulated types of asbestos?
The six regulated types of asbestos are chrysotile, amosite, crocidolite, anthophyllite, tremolite, and actinolite. These fall into two groups: serpentine (chrysotile, with curly fibers) and amphibole (the other five, with straight, needle-like fibers). The U.S. EPA classifies them under the Asbestos Hazard Emergency Response Act (AHERA), and all are linked to mesothelioma and other diseases when inhaled. In 2024, the EPA banned chrysotile imports, while the others were previously restricted. IARC confirms their carcinogenicity.
What are the asbestos regulations?
Federal regulations under the EPA’s Toxic Substances Control Act (TSCA) prohibit ongoing uses of chrysotile asbestos, the most common form, including in chlor-alkali diaphragms, sheet gaskets, aftermarket auto brakes, oilfield brake blocks, vehicle friction products, and other gaskets, as finalized in March 2024. A separate EPA rule restricts discontinued asbestos products, such as adhesives, sealants, coatings, cement products, friction materials, millboard, pipeline wrap, woven products, and other building materials, from re-entering the market without EPA review and approval. OSHA enforces worker protection standards (29 CFR 1926.1101), while the Asbestos NESHAP (40 CFR Part 61, Subpart M) requires notifications and work practices for demolitions and renovations involving asbestos-containing materials. States augment these with laws on inspections, licensing for abatement, and notifications, such as Massachusetts’ 10-day advance notice to MassDEP and DLS (310 CMR 7.15) or New York City’s 7-day notice to DEP.