Key Takeaways
- In March 2024, the EPA banned the ongoing use of chrysotile asbestos in the United States — the only type still being imported and commercially used.
- The ban is now being challenged in the 5th Circuit Court of Appeals. The EPA is actively defending the rule — but some parties argue the EPA does not have the authority to uphold the ban.
- The ban includes extended phase-out periods — chemical plants have 5 years to stop using asbestos at their first facility and up to 12 years for additional facilities. Mesothelioma advocates argue these timelines are too long.
- The United States was one of the last major industrialized nations to ban asbestos — more than 60 countries banned it before the U.S. did.
- Despite the ban, approximately 3,000 new mesothelioma cases are diagnosed in the U.S. each year because of the disease’s long latency period — people exposed decades ago are still being diagnosed today.
In March of 2024 the Environmental Protection Agency (EPA) issued a rule banning the ongoing use of chrysotile asbestos in the United States. Chrysotile asbestos is known to cause mesothelioma and other asbestos-related diseases. There were previous attempts at a ban on asbestos throughout the years that were never finalized. A noteworthy update on the asbestos ban is that the EPA is presenting to the 5th Circuit Court of Appeals in defense of the ban this week.
Advocates of mesothelioma victims may believe that the rule is not good enough and question why the phase-out periods for discontinuing chrysotile asbestos use is as long as it is. For instance, the ban allows chemical plants to have five years to stop using asbestos for their first facilities and up to 12 years to update a third facility. Some organizations believe that this is too much time. On the contrary, there are those who believe that the EPA does not have the authority to uphold the ban.
Mesothelioma
This update on the asbestos ban comes as there are still about 3,000 new cases of mesothelioma in the US each year. This rare and aggressive cancer, which is caused by exposure to asbestos, typically originates in the lining of the lungs. When someone inhales asbestos fibers, they can become lodged in the lining of certain vital organs in the body leading to inflammation and scarring, which can cause cancerous tumors to develop over time.
Although a lot of asbestos use has stopped in many industries, the effects of exposure are not usually evident until decades later, which is known as the latency period. Someone who was regularly exposed to asbestos occupationally may not experience any symptoms until much later in life.
Negligence of Companies
Even after the hazards of asbestos were known, big companies still regularly used asbestos in their products as it was cheaper than alternatives, heat resistant, and has high tensile strength. Asbestos was widely used as an insulation material in many products. For decades many workers were negligently exposed to asbestos through their employers without being provided with proper equipment to protect themselves from the carcinogen. This exposure is very dangerous as no amount of asbestos is safe to breathe in.
Although asbestos is no longer mined in the United States and products that contain asbestos are no longer manufactured, the mineral is still being imported into the country. Prior to the United States ban on asbestos more than 60 other countries banned the material.
There are different arguments for and against the asbestos ban in the United States, some coming from industries that profit from its use. However, to protect the health and well-being of individuals, a ban on asbestos is necessary.
If you or a loved one has been diagnosed with mesothelioma or another asbestos-related disease, we are here to help. We provide mesothelioma victims and their loved ones with information about mesothelioma through our website and our free booklets. For more information, or to speak with someone about any questions you may have, call us at (800) 505-6000, fill out our contact form, or utilize our chat feature.
Frequently Asked Questions
What is the current status of the U.S. asbestos ban?
The EPA issued a rule in March 2024 banning the ongoing use of chrysotile asbestos. However, the ban is currently being challenged in the 5th Circuit Court of Appeals. The EPA is presenting arguments in defense of the rule. The outcome of this court challenge could determine whether the ban remains in effect, is modified, or is overturned — similar to what happened with the 1989 partial ban, which was largely struck down by the same court in 1991.
Why are the phase-out timelines controversial?
The ban allows extended timelines for certain industries to stop using asbestos — chemical plants, for example, have 5 years to phase out asbestos at their first facility and up to 12 years for additional facilities. Mesothelioma advocates argue these timelines are dangerously long, given that no amount of asbestos exposure is safe. Industry groups, on the other hand, argue they need time to find alternative materials and retrofit their operations.
Is asbestos still being imported into the United States?
Yes — for now. Although asbestos is no longer mined or manufactured in the United States, it is still being imported. The 2024 ban is designed to phase out this importation, but the extended timelines and the ongoing court challenge mean that asbestos continues to enter the country. Prior to the U.S. ban, more than 60 other countries had already banned asbestos.
Could the ban be overturned?
It’s possible. The 5th Circuit Court of Appeals — the same court that overturned most of the 1989 EPA ban in 1991 — is now hearing arguments about the 2024 ban. If the court rules that the EPA exceeded its authority, the ban could be struck down or significantly weakened. This is why mesothelioma advocates are closely watching the proceedings.
What should I do if I’ve been diagnosed with mesothelioma?
If you or a loved one has been diagnosed with mesothelioma or another asbestos-related disease, understanding your legal options is important — regardless of the ban’s status. Companies that knowingly exposed workers to asbestos may be held accountable. Call (800) 505-6000 or fill out our contact form for a free consultation.
