The American Chemistry Council and a coalition of allied industry groups have dropped a significant piece of their legal challenge to the EPA’s chrysotile asbestos ban, according to a May 18 filing with the U.S. Court of Appeals for the Fifth Circuit. The withdrawal is a meaningful development in a case that will shape asbestos regulation in the United States for years to come, but the legal fight is not over.
What the Industry Coalition Withdrew
In the May 18 filing, the chemical industry told the court it will no longer argue that EPA’s asbestos risk evaluation fails the substantial evidence standard because it is based on worst-case assumptions rather than actual conditions of use. The industry petitioners also stated they do not seek to vacate EPA’s risk evaluation and do not plan to present oral argument on this issue when the Fifth Circuit hears the case on June 1.
In plain terms: the ACC is no longer contesting the underlying science. The decades of research showing that chrysotile asbestos causes mesothelioma and other fatal diseases will not be challenged at oral argument.
This follows an earlier development earlier this month, when Olin Corporation, one of the original industry petitioners, withdrew entirely from the case and dissociated itself from the industry’s broader attack on the EPA rule.
What the Case Is Still About
The withdrawal of the scientific challenge does not end the litigation. The ACC and its allies are still seeking to invalidate the EPA chrysotile asbestos ban on other grounds and are asking the Court to rule that EPA went too far in banning asbestos use at chemical plants.
The case, Texas Chemistry Council v. EPA, challenges EPA’s Part 1 risk management rule under the Toxic Substances Control Act, which banned the manufacture, import, processing, and commercial use of chrysotile asbestos. 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.
Oral argument before the Fifth Circuit is scheduled during the week of June 1, 2026, notably before the same court that vacated EPA’s 1989 asbestos ban more than three decades ago.
Why This Matters for Mesothelioma Patients and Families
The scientific question of whether asbestos causes unreasonable risk to human health has never been seriously in doubt among researchers and physicians. Chrysotile asbestos remains a known human carcinogen with no safe level of exposure. The industry’s decision to stop contesting that point removes one avenue for weakening the EPA rule.
What makes the current case 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 to TSCA. The Fifth Circuit’s decision will set a precedent not only for asbestos but for how the EPA regulates other toxic substances under the law.
For workers and families affected by mesothelioma, the outcome of this case is not abstract. An industry victory that narrows EPA’s authority to regulate asbestos in chlor-alkali plants, where asbestos-containing diaphragms have historically been used, would mean continued exposure risk for workers in those facilities.
The Regulatory History Behind This Case
Under the 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act, Congress overhauled TSCA and gave EPA expanded authority to evaluate and regulate chemicals that pose unreasonable risks to human health. Asbestos was among the first chemicals selected for risk evaluation under the new law.
The rule has been challenged in at least five separate lawsuits by environmental, labor, and industry stakeholders. These cases were consolidated in the Fifth Circuit, chosen at random by the Judicial Panel on Multidistrict Litigation.
The 1989 EPA asbestos ban, vacated by the Fifth Circuit in 1991, left a regulatory vacuum that persisted for more than thirty years. The current rule represents the federal government’s most serious attempt since then to restrict asbestos use, and the June 1 argument will determine whether that attempt survives.
What Happens Next
Former EPA senior official Robert Sussman, serving as counsel for ADAO, noted that the industry’s decision not to pursue the scientific challenge means they no longer dispute the well-established asbestos science EPA relied on, while cautioning that the case continues and the rule remains under attack.
The Fifth Circuit panel will hear oral argument on June 1. A ruling is expected in the months following. Advocates for a full asbestos ban have also continued to push for passage of the Alan Reinstein Ban Asbestos Now Act, which would extend federal prohibition beyond chrysotile to all six asbestos fiber types.
If you or a family member has been diagnosed with mesothelioma or an asbestos-related illness, an attorney experienced in these cases can help you understand your legal options.
