In March 2024, the U.S. Environmental Protection Agency (EPA) finalized the most significant federal asbestos regulation in decades: a comprehensive ban on chrysotile asbestos, the only form of asbestos still imported and used in the United States.
For the millions of American workers and families affected by asbestos-related diseases like mesothelioma and lung cancer, the ban represented a long-overdue step toward ending exposure to a substance that kills an estimated 40,000 Americans every year.
Now, that ban is under threat. In June 2026, the U.S. Court of Appeals for the Fifth Circuit will hear oral arguments in Texas Chemistry Council v. EPA, a case that could determine the future of asbestos regulation in the United States and whether the federal government has the power to protect workers from a known carcinogen.
What the EPA’s 2024 Asbestos Ban Actually Did
The EPA’s final rule prohibited the manufacture, import, processing, distribution, and commercial use of chrysotile asbestos. Chrysotile asbestos had been found in products including industrial diaphragms, sheet gaskets, brake blocks, and automotive friction products. The rule set phased timelines for different industries to transition away from asbestos, with some products banned immediately and others given up to five years.
This was the first risk management rule finalized under the 2016 amendments to the Toxic Substances Control Act (TSCA), which gave the EPA stronger authority to regulate dangerous chemicals. The United States was among the last Western nations to take this step. More than 70 countries had already banned asbestos outright.
Why the Ban Is Being Challenged
Shortly after the rule was finalized, industry groups, including chemical manufacturers and trade associations, filed legal challenges arguing that the EPA exceeded its authority. These cases were consolidated in the Fifth Circuit, the same court that overturned the EPA’s first attempt to ban asbestos back in 1991.
The industry challengers argue that the EPA should have relied on existing workplace safety regulations and exposure limits set by the Occupational Safety and Health Administration (OSHA) rather than imposing a complete ban. The U.S. Chamber of Commerce also filed a brief urging the court to strike down the rule, claiming the EPA took an overbroad approach.
On the other side, the Asbestos Disease Awareness Organization (ADAO), along with labor unions and public health groups, is fighting to uphold the ban and push for even stronger protections. ADAO argues that the ban should cover all six types of asbestos fibers, not just chrysotile.
The case has experienced significant procedural twists. In early 2025, the EPA requested a stay while new agency leadership reviewed the rule. Then, in June 2025, the EPA asked the Fifth Circuit for an additional six-month hold while it considered initiating a new rulemaking process. The court granted that request, but the abeyance has since ended and oral arguments are now set for the week of June 1, 2026.
The Long Road to an Asbestos Ban in the United States
The fight to ban asbestos in the United States has stretched across nearly four decades, and the current Fifth Circuit case is only the latest chapter.
The EPA first attempted a comprehensive asbestos ban in 1989 with the Asbestos Ban and Phase-Out Rule, which would have prohibited the manufacture, import, and sale of most asbestos-containing products.
In 1991, the Fifth Circuit struck down the majority of that rule, finding that the EPA had not adequately demonstrated that a full ban was the least burdensome alternative available. That decision left a regulatory gap that persisted for more than 30 years, during which time the United States continued to import and use chrysotile asbestos while dozens of other countries moved to ban the substance entirely.
In 2016, Congress passed the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which overhauled the Toxic Substances Control Act and gave the EPA expanded authority to evaluate and regulate chemicals that pose unreasonable risks to human health. Asbestos was one of the first ten chemicals selected for risk evaluation under the new law. The EPA’s risk evaluation, finalized in 2020, concluded that chrysotile asbestos poses an unreasonable risk. The 2024 ban followed as the required regulatory response.
What makes the current case so significant is that it tests whether the strengthened TSCA framework will hold up in court. No federal court has yet ruled on a risk management rule that followed the full evaluation process required by the 2016 amendments.
The Fifth Circuit’s decision in Texas Chemistry Council v. EPA will set a precedent not only for asbestos but for how the EPA regulates other toxic substances under the law. Public health organizations, including the ADAO, have warned that a ruling against the EPA could undermine the agency’s ability to protect communities from a wide range of hazardous chemicals.
What This Means for Workers and Families
For workers who were exposed to asbestos at jobsites across the country before, during, and after the 1980s, the outcome of this case matters for several reasons.
It signals whether federal protections will move forward or backward. If the Fifth Circuit strikes down the ban, it would leave the United States without a comprehensive prohibition on the last commercially used form of asbestos, even as the scientific consensus holds that there is no safe level of exposure. It would also set a troubling precedent for the EPA’s ability to regulate other toxic chemicals under the TSCA.
It does not change existing legal rights for those already diagnosed. Workers and family members who have been diagnosed with mesothelioma, asbestos lung cancer, or other asbestos-related diseases can still pursue legal action regardless of what happens with the EPA ban. Asbestos lawsuits and trust fund claims are based on the negligence of the companies that manufactured, sold, or used asbestos-containing products. Those legal claims are separate from regulatory actions by the EPA.
It underscores why screening matters. Asbestos-related diseases can take 20 to 50 years to develop after exposure. Many workers who handled asbestos on the job decades ago are only now being diagnosed. Their spouses and children, who may have been exposed to asbestos fibers carried home on work clothing, are also at risk. Early detection remains one of the most important factors in treatment outcomes.
What You and Your Family Can Do Now
If you worked at industrial facilities, shipyards, or other jobsites where asbestos was present before 1982, or if a family member brought asbestos dust home from work, your health and your legal rights may be at stake.
Get screened. Workers exposed to asbestos, along with their spouses and adult children, may qualify for a free asbestos medical examination. Early screening can identify asbestos-related changes in the lungs before symptoms appear.
Understand your legal options. If you or a loved one has been diagnosed with mesothelioma or asbestos lung cancer, you may be entitled to compensation through a lawsuit or asbestos trust fund claim. The experienced asbestos attorneys at Hissey, Mulderig & Friend can help you evaluate your options at no cost.
Do not wait. Every state has a statute of limitations that sets a deadline for filing an asbestos claim. Waiting too long could mean losing the right to seek compensation.
Contact the Asbestos Attorneys at Hissey Mulderig & Friend
The lawyers at Hissey, Mulderig & Friend have decades of experience representing workers and families affected by asbestos exposure. If you have questions about your legal rights, contact us for a free, confidential consultation.
Our lawyers work on a contingency basis. This means that you and your family will never have to pay legal fees or other costs associated with filing an asbestos claim unless we successfully recover compensation in your case.
You can reach us by calling toll-free at 1-855-500-3734, or by filling out our free asbestos claims submission form to speak with an experienced asbestos attorney today.
