Louisiana Fifth Circuit Court of Appeals to Review Petitions Against Asbestos Ban

In March 2024, the U.S. Environmental Protection Agency (EPA) announced a ban on chrysolite

asbestos, the last form of asbestos legal for use in the United States. The EPA and other U.S.

health organizations considered the ban a monumental success for the health and safety of all

Americans. More than 39,000 American lives are lost to asbestos-related diseases every year.

The rule, titled Asbestos Part 1; Chrysotile Asbestos: Regulation of Certain Conditions of Use

Under the Toxic Substance Control Act, was published on March 28th of this year.

The new rule impacts the chlorine industry as well as other chemical processing industries across

the U.S. reliant on the usage of chrysolite asbestos. Although the EPA provided a lenient timeline

for the industries to overhaul their facilities, many were vehemently opposed to the complete

asbestos ban, and have been vocally opposed for years worried about the impact on their

industries.

The EPA’s announcement prompted the filing of petitions seeking a review of the final rule,

including the Asbestos Disease Awareness Organization, the United Steel, Paper and Forestry,

Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union,

AFL-CIO, the Texas Chemistry Council, the American Chemistry Counsel, and the Georgia

Chemistry Council. These many petitions were filed in multiple jurisdictions, and so to

consolidate the claims The Judicial Panel on Multidistrict Litigation needed to be involved.

The Judicial Panel on Multidistrict Litigation met on Tuesday to consolidate the petitions.

According to the consolidation order filed by the panel, the panel randomly selected the

Louisiana located Fifth Circuit Court of Appeals. The Fifth Circuit is the same court that

overturned the EPA’s first attempt to ban asbestos back in 1991.

The landmark ban on asbestos constituted a major achievement for the health and safety of all

Americans. The Fifth Circuit in New Orleans will now decide whether this ruling may stand.

If you believe you or a loved one have been exposed to asbestos, please consult with a medical

professional.