Asbestos is the once-ubiquitous fire suppressant that turned out to pose just as much danger as a fire hazard. Inhaling asbestos fibers causes mesothelioma, a deadly and painful cancer that attacks the body's organ linings (the mesothelium).
Almost all forms of asbestos have been banned for use in construction. But there was one exception: chrysotile asbestos. After the Trump administration recently changed its stance, this last remaining holdout may soon be gone.
The Environmental Protection Agency (EPA) announced in federal court that it was dropping plans to allow the last remaining type of legal asbestos to continue to be used while it reexamined a ban put in place by the agency under the Biden administration in 2024. With lawsuits already filed by chemical companies challenging the ban and swift public disapproval for any further delays, the EPA stepped back from implementing the 30-month review it had filed for the month before.
Chrysotile asbestos, used to create chlorine, gaskets, and brake pads, is linked to ovarian cancer, lung cancer, mesothelioma, laryngeal cancer, and other health problems caused by exposure. The 2024 ban ordered chemical companies to phase out chrysotile asbestos usage during the next 12 years. Why would the current EPA move to stop a ban like this?
Tiny but Deadly
Asbestos, a combination of six mineral fibers found in rocks and soil, became popular in the 1930s. Due to its ability to resist fire, electricity, and heat, it became a part of numerous products such as automotive brake pads, wire insulation, and more. It was particularly embraced by the construction industry and became ubiquitous in buildings ranging from homes to factories. Roofing shingles were praised for their durability and resistance to flames.
Unfortunately, asbestos proved to be quite deadly as well. The 1960s and 1970s were marked by researchers discovering the long-term and frequently terminal illnesses associated with asbestos. When inhaled, it could scar the lungs and was linked to numerous types of cancer, particularly mesothelioma.
While Congress passed the Toxic Substances Control Act of 1976 to address the safety of chemicals created in and imported into the U.S., asbestos didn't face a ban until 1989. While a federal court overturned the ban in 1991, restrictions against new forms of asbestos remained in place. Due to those and the uncertainty over potential future lawsuits, asbestos use declined, with all national production ceasing in 2002.
Still responsible for over 40,000 deaths in the U.S. every year, asbestos proved resistant to every Congressional attempt to pass legislation banning it. After a lengthy study, in March 2024, the EPA finalized its risk management rule designed to phase out all importing and usage of chrysotile asbestos, the last type still in use in the U.S. Also known as "white" asbestos, it had already been banned by more than 50 other countries.
Companies were given a 12-year window to phase out their use of chrysotile asbestos. The chemical industry had lobbied for 15 years, while the EPA had originally proposed a two-year window.
Foxes in the Henhouse
On June 16, 2025, the EPA declared its intent to reconsider the ban on chrysotile asbestos, which would pause all litigation and stop any enforcement. This would last for the duration of the review, which was estimated at 30 months. The review was expected to determine if the ban was overbroad and look into other alternatives, such as increasing workplace safety instead.
The announcement was hailed by the chemical industry, but met with shock, dismay, and anger elsewhere. Opponents pointed out that the EPA filing in the Fifth Circuit Court of Appeals had been submitted by Lynn Dekleva, who was previously part of the American Chemistry Council and had spent more than thirty years working for chemical giant DuPont.
In rescinding its plans, the EPA blamed the former administration for not doing more to increase workplace safety from chrysotile asbestos. The reconsideration of the ban had been part of over thirty moves made by the Trump administration to roll back environmental protections already in place, such as eliminating greenhouse restrictions against coal-burning companies.
Even with the ban in place, "legacy asbestos" from products already in place remains a serious health threat. For now, the ban on chrysotile asbestos may help reduce the number of yearly deaths associated with illnesses caused by asbestos.
Related Resources
- Asbestos Use FAQ (FindLaw's Learn About the Law)
- Toxic Chemicals and Materials Law (FindLaw's Product Liability Law)
- Mesothelioma Lawsuits, Claims, and Liability (FindLaw's Accident and Injuries Legal Guide)
