June 24, 2021 

On Wednesday, in the case challenging Environmental Protection Agency (EPA) Phase 1 Risk Evaluation for Asbestos under the Toxic Substances Control Act (TSCA), the Asbestos Disease Awareness Association (ADAO) et al and EPA filed a joint motion for a 90-day extension, which the Court has now granted.

As stated in the motion: 

“Petitioners and respondents have been engaged in positive settlement discussions and believe that a delay in briefing will enable the parties to complete these discussions as efficiently as possible. A 90-day extension of the current July 1 deadline for filing petitioners’ opening brief will conserve the resources of the parties and the Court and enhance the prospects for a successful and timely resolution of this case.”

“This toxic carcinogen is especially insidious as it lays dormant for decades but with only a slight disruption “legacy asbestos” found in homes, schools and workplaces or consumer products can wreak havoc and cause disease and death,” said Linda Reinstein, ADAO co-founder and president. 

“Asbestos, a known human carcinogen, is one of the world’s largest man-made disasters and kills over 40,000 Americans each year. Over a century of imports and use continue to plague Americans in every state and city in the nation,” she continued.

“We are hopeful that our discussions will result in a strong framework and schedule for the Phase 2 asbestos risk evaluation and enable needed progress on addressing asbestos under TSCA,” said Robert Sussman, ADAO counsel.

The organizations joining ADAO in these legal actions are:

  • The American Public Health Association 
  • Center for Environmental Health 
  • Environmental Information Association
  • Safer Chemicals, Healthy Families
  • Vermont Public Interest Research Group

Scientists participating are: 

  • Barry Castleman, ScD
  • Raja Flores, MD
  • Arthur Frank, MD, PhD
  • Philip Landrigan, MD, MSc
  • Richard Lemen, PhD, MSPH
  • Celeste Monforton, DrPH, MPH

To review previous legal actions and outcomes, refer to ADAO v. EPA Cases: Actions and Outcomes to Prevent Asbestos Exposure and Eliminate All Asbestos-Caused Diseases.