New Orleans, LA - March 18, 2024 - The Environmental Protection Agency (EPA) has announced a ban on the last form of asbestos still used in the United States, marking a major milestone for chemical safety. This rule, a major expansion of EPA regulation under a 2016 law, marks a significant step in protecting public health. The Cheek Law Firm welcomes this action taken to protect the health of our community and clients.  

Asbestos has had a profound impact on Louisiana, affecting individuals, families, and communities across the state. Louisiana's history of industrial activity, including shipbuilding and oil refineries, has led to widespread asbestos exposure. Exposure to asbestos is known to cause lung cancer, mesothelioma, and other cancers, resulting in over 40,000 deaths in the United States each year. The ban on chrysotile asbestos, usually found in brake linings and gaskets, is a critical victory for public health in Louisiana. 

The American Public Health Association stated in 2019 that "there is no safe level of exposure to asbestos."

This ban, more than 30 years in the making, is a result of amendments made to the 2016 Toxic Substances Control Act (TSCA). The EPA first banned asbestos in 1989, but the U.S. Court of Appeals for the Fifth Circuit's ruling in Corrosion Proof Fittings v. EPA (947 F.2d 1201 (5th Cir. 1991) largely struck it down. Despite this setback, the EPA's persistence and commitment to protecting public health against this dangerous carcinogen have led to the new 2024 ban.  

Chrysotile asbestos, also known as white asbestos, is the only form known to still be "imported, processed or distributed" in the United States, according to the EPA. As of March 2024, the import of chrysotile asbestos is banned immediately. However, fully phasing out this carcinogen could take anywhere from 6 months to 12 years in some sectors. Additionally, the EPA is now requiring strict workplace safety measures to protect workers from asbestos exposure during any phaseout periods longer than two years.