News Alert

The U.S. Environmental Protection Agency (EPA) has confirmed it will not pursue formal revisions to the Biden-era rule banning most uses of chrysotile asbestos. The decision, disclosed in a July 8 filing with the Fifth Circuit, marks a departure from earlier proposals under the Trump administration to reevaluate the rule through public notice and comment rulemaking.

Instead, the EPA now intends to issue guidance to clarify workplace protection requirements, rather than reopen and reevaluate the rule itself. After the Biden administration published the final rule in 2024, it has drawn fire from both sides, industry groups and health and labor advocates.

The EPA defended the rule and filed a brief to pause litigation so that guidance can be implemented more quickly than formal rulemaking and help stakeholders comply with the existing regulation.

The lead case is Texas Chemistry Council et al. v. U.S. Environmental Protection Agency et al., No. 24-60193, pending before the U.S. Court of Appeals for the Fifth Circuit.
You can read the complete Law360 article here.