Washington — A coalition of organizations is suing the Environmental Protection Agency and EPA Administrator Lee Zeldin for “failing to meet a mandatory legal deadline to address the ongoing public health threat of legacy asbestos.”
The case is set to go before the 5th U.S. Circuit Court of Appeals on June 1 in New Orleans. The organizations include the Asbestos Disease Awareness Organization; American Chemistry Council; and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union.
According to an ADAO press release, EPA finalized a risk evaluation in December 2024 concluding that legacy asbestos poses an “unreasonable risk to human health.” Under the Toxic Substances Control Act, the agency is required to propose a risk management rule within 12 months of that “unreasonable risk” determination.
“EPA’s own findings confirm what families, workers and communities have known for decades: Legacy asbestos is a clear and present danger to health and safety,” ADAO President and CEO Linda Reinstein – whose husband, Alan, died from mesothelioma in 2006 – said in the release. “The agency’s failure to act on those findings leaves millions of Americans vulnerable to unsafe asbestos exposure. This lawsuit is about accountability and enforcement – advancing prevention and ensuring no one is left unprotected.”
Among the uses of legacy asbestos are floor tiles, insulation, pipes and roofing “widely used in construction throughout the 20th century.”
The release continues: “Although no longer manufactured domestically, these materials remain in place in millions of structures across the United States. Exposure occurs during renovation, maintenance, demolition and through asbestos-contaminated waste streams, continuing to place communities at risk nationwide.”
ADAO claims that nearly 40,000 Americans die annually from asbestos-related diseases, including mesothelioma (a cancer in the membranes in the abdomen and chest), lung cancer and asbestosis.
“Workers such as firefighters, construction workers and teachers – and their families – face elevated risks due to the nature of their work and potential for secondary exposure,” the release states.
