ADAO and Co-Petitioners for the Asbestos Part 1; Chrysotile Asbestos: Regulation of Certain Conditions of Use Under the Toxic Substances Control Act Final Rule Petition for Review

FOR IMMEDIATE RELEASE

June 10, 2024 

ASBESTOS EXPERTS, PUBLIC HEALTH ORGANIZATIONS AND FIREFIGHTERS JOIN THE ASBESTOS DISEASE AWARENESS ORGANIZATION IN LITIGATION OVER EPA’S CHRYSOTILE ASBESTOS FINAL RULE

Seventeen New Petitioners Unite with the Asbestos Disease Awareness Organization to Strengthen and Defend EPA’s Rule Banning Chrysotile Asbestos and Oppose Baseless Industry Challenges

WASHINGTON, D.C. — The Asbestos Disease Awareness Organization (ADAO), an independent nonprofit dedicated to preventing asbestos exposure through education, advocacy, and community work, today announced that 17 new petitioners have asked the U.S. Fifth Circuit Court of Appeals to review the Environmental Protection Agency’s (EPA) “Part 1 Chrysotile Asbestos: Regulation of Certain Conditions of Use Under the Toxic Substances Control Act (TSCA).” These new petitioners will partner closely with ADAO, which filed for judicial review of the Part 1 rule on April 19, 2024.

 “The EPA’s chrysotile asbestos rule is a significant step forward in our fight to protect Americans from asbestos, but it falls short of providing the comprehensive protections we deserve,” said Linda Reinstein, co-founder and President of ADAO. 

“As expected, the industry is using legal challenges to undermine the EPA’s critical progress. We stand united with asbestos experts, public health organizations, and firefighters to uphold and strengthen the rule while refuting the industry’s false claims. Asbestos exposure leads to devastating and deadly diseases such as mesothelioma, lung cancer, and asbestosis, claiming nearly 40,000 American lives every year. We are galvanized to prioritize public health and safety over corporate profits and relentlessly pursue the strongest safeguards to protect the public from deadly chrysotile asbestos,” she stated. 

The new petitioners include 12 distinguished medical and scientific experts who have devoted their careers to researching the health effects of asbestos and treating patients with asbestos-related diseases. Through publications and public statements, they have been long-standing advocates for strong government policies to prevent asbestos exposure. Several have served on ADAO’s Science and Prevention Advisory Boards.

The individual experts petitioning for review are Henry A. Anderson, MD; Brad Black, MD; Barry Castleman, ScD; Raja Flores, MD; Arthur Frank, MD, PhD; Phil Landrigan, MD, MSc; Richard Lemen, PhD, MSPH; Steven Markowitz, MD, DrPH; Jacqueline Moline, MD, MSc; Celeste Monforton, DrPH, MPH; Christine Oliver, MD, MPH, MSc; and Andrea Wolf, MD, MPH.

The organizations petitioning for review are the American Public Health Association and Collegium Ramazzini, who have strong records of promoting sound public policy based on the best available science on asbestos’s harmful properties; The FealGood Foundation, a tireless advocate for emergency responders; and IAFF affiliates, the Vandenberg Professional Firefighters and Fort Myer Professional Firefighters, whose members are uniquely at risk from asbestos exposure.    

“ADAO’s petition for review defends the science behind the EPA’s rule while highlighting critical gaps that must be addressed to fully protect public health,” said Bob Sussman, counsel for ADAO and the new petitioners. “By uniting the voices of ADAO and this prestigious group of asbestos experts,  public health advocates and firefighters, we aim to hold the EPA accountable and secure comprehensive regulations that safeguard workers, consumers, and communities from lethal asbestos.”

Petitioners will ask the Court to combine the new petition for review with five pending petitions (including three by industry) initially filed in various Courts of Appeals. After a multidistrict lottery, the five petitions were consolidated in the Fifth Circuit Court of Appeals, where the new petition has been filed.

One of these petitions was filed by ADAO on April 19, 2024. Under ADAO’s leadership, the new petitioners and ADAO will work together to present their joint position to the Court.  

May 20, 2024 Release: ADAO FILES MOTION TO INTERVENE TO OPPOSE EFFORTS TO WEAKEN EPA PART 1 CHRYSOTILE ASBESTOS RULE

ABOUT THE ASBESTOS DISEASE AWARENESS ORGANIZATION 
Founded in 2004, the Asbestos Disease Awareness Organization (ADAO) is the largest independent 501(c)(3) nonprofit in the U.S. dedicated to preventing asbestos exposure and eliminating asbestos-related diseases through education, advocacy, and community initiatives.