U.S. Finally Bans All Asbestos After Decades of Delays

The U.S. Environmental Protection Agency (EPA) has at long last banned the import and use of chrysotile asbestos, the only form of the deadly carcinogenic mineral that is still being used by U.S. industries. The ban comes over 30 years after the EPA's initial attempt to ban asbestos was blocked by a federal court in 1991. Despite declining use since then, asbestos exposure remains a major health threat, causing an estimated 40,000 deaths annually in the U.S. according to the EPA.

What is Asbestos and Why is it Dangerous? 

Asbestos refers to a group of naturally occurring fibrous minerals that are resistant to heat and fire. When materials containing asbestos are disturbed, the tiny fibers become airborne and can stick to skin and clothing, ultimately being inhaled into the lungs. Asbestos exposure is strongly linked to lung cancer, mesothelioma (a rare cancer of the linings of the lungs and abdomen), and asbestosis (a chronic lung disease). There is no safe level of exposure.

Asbestos Use Has Declined But Risks Remain

The use of asbestos in the U.S. peaked in the 1970s when over 800,000 tons were consumed annually in manufacturing. In recent years, imports have dwindled to less than 1,000 tons per year as the health risks became known and liability fears mounted. About 70 countries have banned chrysotile asbestos.

However, the U.S. has lagged behind other industrialized nations in fully banning the substance. Chrysotile asbestos, known as "white asbestos", has still been allowed in a small number of products like automotive parts, gaskets, brake blocks used in the oil industry, and in the production of chlorine for water treatment. People working in these industries, as well as construction workers, firefighters, and others who work in older buildings, can still be exposed when asbestos-containing materials are disturbed. As EPA Administrator Michael Regan stated:

"Folks, it's been a long road. But with today's ban, EPA is finally slamming the door on a chemical so dangerous that it has been banned in more than 50 countries."

Overcoming Industry Opposition and Regulatory Hurdles

The path to finally banning asbestos has been riddled with challenges. The EPA's 1989 asbestos ban was overturned in court, rendering the Toxic Substances Control Act "almost powerless to protect the people who needed protecting the most," according to Michal Freedhoff, EPA's head of chemical safety. 

In 2016, Congress overhauled the law, giving EPA more authority to restrict dangerous chemicals. But further delays ensued under the Trump administration. When Freedhoff took over in 2021, finally banning asbestos was at the top of her priority list.

The chlorine industry, which still uses asbestos diaphragms in about a third of plants, has opposed the ban. The American Chemistry Council industry group argued more time was needed to transition in order to avoid disrupting chlorine supply for water treatment. In response, EPA is allowing companies up to five years to phase out asbestos diaphragms, though imports of new ones will be immediately prohibited. Brake blocks and gaskets containing asbestos will be banned on a one to two year timeline.

During this decades-long delay in banning asbestos, countless Americans continued to be exposed, often unknowingly, in their workplaces, homes, and communities.

One of the most insidious aspects of asbestos-related diseases is their long latency periods. It can take 20-50 years or more from the time of exposure for mesothelioma, lung cancer, and other asbestos-related diseases to develop. This means individuals exposed many decades ago, in the years before any restrictions were put in place, are still being diagnosed today.  

At Braver Law, we understand this tragic reality all too well. That is why we are committed to advocating for clients who are just now facing the consequences of asbestos exposure that may have occurred as far back as the 1970s and 80s. If you have been diagnosed with an asbestos disease like mesothelioma and believe your exposure may have happened in the 1980s - even if your former employer is no longer in business - do not assume it is too late to seek justice. Our knowledgeable attorneys are here to advise you on your options and help determine if you have a case.

While the EPA's asbestos ban is a significant step forward, it unfortunately comes too late for many victims. If you or a family member has been harmed by asbestos exposure, no matter how long ago, contact Braver Law today at (800) 672-7181 for a free consultation to discuss your legal rights and potential pathways to compensation. We are here to help you navigate this difficult time with compassion and fierce advocacy every step of the way.

More Work Remains to Protect Public Health

While the EPA ban on chrysotile asbestos is a major milestone, advocates argue a full ban on all asbestos types is still needed. Linda Reinstein, who lost her husband to mesothelioma and leads the Asbestos Disease Awareness Organization, is pushing for legislation to completely outlaw asbestos. She points out that without comprehensive product testing, other types of asbestos may still be present in consumer goods.

"I don't want to be a Debbie Downer, but we're not done," said Reinstein. Over a decade ago, tests her group commissioned found asbestos fibers in multiple products, including a children's toy.

The new EPA rule, which takes effect 60 days after being entered in the Federal Register, is an historic step forward in protecting Americans, and especially workers, from the deadly effects of asbestos exposure. With an estimated 40,000 asbestos-related deaths per year, many more lives will be saved the sooner we can eliminate all asbestos use. The long fight to ban this known carcinogen illustrates the need for a robust regulatory framework that puts public health and safety first.

Protect Your Rights Against Asbestos Exposure with Braver Law’s Asbestos Lawyers

If you or a loved one has been diagnosed with an asbestos-related disease like mesothelioma or lung cancer, it's important to act quickly to protect your legal rights. The dedicated attorneys at Braver Law are here to help. With a proven track record of success taking on even the most powerful corporations, Braver Law combines sophisticated legal skill with a fearless approach to advocating for clients nationwide who have been harmed by asbestos exposure. 

At Braver Law, we understand the devastating impact of an asbestos-related diagnosis. That's why we employ a compassionate, client-centered approach to simplify the legal process while aggressively fighting to win you the justice and compensation you deserve. We work on a contingency basis, which means you don't pay unless we win or settle your case.

To find out how we can assist with your specific asbestos claim, call us today at (800) 672-7181 or contact us online for a free, no-obligation consultation. With the EPA finally banning chrysotile asbestos and the known dangers of this carcinogen, now is the time to hold accountable those companies that put workers and the public at risk. Trust the experienced attorneys at Braver Law to be your advocates every step of the way as you navigate this challenging time. Don't wait - reach out now to learn more about your legal options.