Asbestos and paint stripper chemical rule lawsuits in limbo

By Ellie Borst | 02/20/2025 01:32 PM EST

5th Circuit judges have granted the Trump administration’s requests to hold off on proceedings in two key Toxic Substances Control Act cases.

A sign warns of asbestos.

A sign warns of asbestos. The Biden administration issued a rule requiring manufacturers to phase out chrysotile asbestos. Jenny Evans/AFP via Getty Images

Federal appeals court judges have agreed to hold off on further proceedings on EPA’s first two regulations restricting existing chemicals under the revised toxics law.

The 5th U.S. Circuit Court of Appeals granted the Trump administration’s requests to pause cases on the landmark chrysotile asbestos and methylene chloride risk management rules for 120 days, or until mid-June.

Judge Carl Stewart, a Clinton appointee, ordered arguments against EPA’s total ban on the only form of asbestos still used in the U.S. be held in abeyance “to allow new Agency leadership to review the underlying rule,” according to the order issued Friday.

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Judge Jerry Smith, a Reagan appointee, issued an order Wednesday granting the agency’s abeyance request but did not provide further explanation.

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