EPA's chrysotile asbestos ban stays in effect while a federal appeals court weighs challenges

Event date: June 1, 2026. Posted October 29, 2026; updated October 29, 2026.

What the rule does

Chrysotile is the only form of asbestos still known to be imported, processed, or distributed for use in the United States, according to EPA. EPA's March 2024 rule under the Toxic Substances Control Act bans the use of asbestos in oilfield brake blocks, aftermarket automotive brakes and linings, other vehicle friction products, and other gaskets six months after the rule took effect, and bans most asbestos-containing sheet gaskets after two years. EPA banned imports of asbestos for chlor-alkali use immediately; the eight plants that still use asbestos diaphragms get phase-outs of up to 12 years, tied to converting each facility. Sheet gaskets used to make titanium dioxide or to process nuclear material get five-year phase-outs.

One exception has a South Carolina connection. EPA allows asbestos-containing sheet gaskets to continue to be used through 2037 at the Department of Energy's Savannah River Site, which EPA says is to keep the safe disposal of nuclear materials on schedule without unnecessarily exposing workers to radioactive materials.

Where the court case stands

Challenges to the rule were consolidated in the Fifth Circuit. Industry associations, including chemistry trade groups, challenged the ban; the Asbestos Disease Awareness Organization also sued, arguing the ban is not as airtight as it needs to be. In June 2025 EPA told the court it planned to rewrite parts of the ban. In July 2025, the Associated Press reported, EPA dropped that plan and said in a court filing that it would defend the ban, while reconsidering some interim workplace-protection requirements.

Court filings show that one petitioner, Olin Corporation, dismissed its petition on May 6, 2026, and that the industry petitioners withdrew one of their arguments on May 19, 2026, while keeping their other challenges. The court heard argument on June 1, 2026. As of this post, we have not found a decision. Until the court rules, the rule's deadlines apply as written.

Why it matters to patients and families

This case is about future uses of asbestos. It does not change the medical care, filing deadlines, trust claims, or VA benefits available to people already diagnosed after past exposure. See asbestos exposure for the jobs and products historically linked to asbestos.

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