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New EPA Ban of Chrysotile Asbestos Prompts Petitions for Review to be Decided by U.S. Fifth Circuit in New Orleans

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In March 2024, the U.S. Environmental Protection Agency (EPA) announced a ban on the ongoing use of chrysotile asbestos in connection with health problems associated with asbestos exposure. The rule is entitled Asbestos Part 1; Chrysotile Asbestos: Regulation of Certain Conditions of Use Under the Toxic Substances Control Act and was published at 89 Federal Register 21970 (March 28, 2024).

The new rule will impact the processing and industrial use of chrysotile asbestos diaphragms in the Chlor-alkali industry, asbestos-containing sheet gaskets in chemical production, the use and disposal of asbestos-containing brakes in the oil industry, and the commercial use and disposal of asbestos-containing brake blocks and gaskets, brakes and linings, and other friction products. The EPA has set different compliance deadlines to transition away from the use of chrysotile asbestos while also providing a reasonable transition period, as required by law.   

The EPA’s announcement has prompted the filing of petitions seeking review of the final rule by several organizations, including the Asbestos Disease Awareness Organization, the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, the Texas Chemistry Council, the American Chemistry Counsel, and the Georgia Chemistry Council. The petitions were filed in multiple jurisdictions and, pursuant to the criteria set forth in 28 U.S.C. §2112(a) for random selection by the United States Panel on Multidistrict Litigation, have been transferred to the United States Court of Appeals for the Fifth Circuit in New Orleans for further proceedings.

For more information regarding the new rule or to learn how it may impact specific industries or entities or pending asbestos litigation, contact José R. Cot in our New Orleans office or McGlinchey’s Environmental team.

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EPA Under a Second Trump Presidency: The Good, Bad, and Ugly

November 6, 2024

A return to the presidency by Donald Trump has raised questions about the future of the U.S. Environmental Protection Agency (EPA) and the broader landscape of environmental policy in the United States. Given Trump’s past policies and statements, his administration may pursue significant changes to the EPA’s mission, budget, and regulatory approach.

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Maritime Products Liability Law: Understanding the Fundamentals

August 7, 2024

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EPA Finalizes PFAS Safe Drinking Water Regulations

April 16, 2024

On April 10, 2024, the U.S. Environmental Protection Agency (EPA) announced the final National Primary Drinking Water Regulation (NPDWR) under the Safe Drinking Water Act. The NPDWR established legally enforceable levels, called Maximum Contaminant Levels (MCLs), for six per- and polyfluoroalkyl substances (PFAS) in drinking water. 

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EPA’s Long Arm Reach: PFAS TSCA Rule

April 2, 2024

On October 11, 2023, the U.S. Environmental Protection Agency issued a final rule to require reporting under Section 8(a)(7) of the Toxic Substances Control Act for Perfluoroalkyl and Polyfluoroalkyl Substances.

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5th Circuit: Mesothelioma Claim Not Preempted By Federal Statute

June 13, 2023

On June 12, 2023, the U.S. Court of Appeal for the Fifth Circuit reversed a grant of summary judgment holding a shipyard immune from Louisiana state law tort claims pursuant to the Longshore and Harbor Workers’ Compensation Act. What might the fate of Barosse v. Huntington Ingalls, Inc. mean for Louisiana asbestos claims in the future?