The Trump administration has dropped its proposal to alter or delay a ban on the last type of asbestos used in the U.S., according to a Monday court filing.

Previously, the Biden administration created a new asbestos regulation in March 2024, claiming a victory for health advocates. In June, however, the Trump administration said it planned to reconsider the ban — whether that means delaying it or changing the ban altogether — in a court filing. 

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On Monday night, the Trump administration reversed the filing, deciding not to move forward with the proceeding. 

“EPA plans to explore whether guidance could provide further clarity to stakeholders as they implement the Rule, particularly with respect to any workplace protection measures,” Lynn Dekleva, a member of the Environmental Protection Agency, said in the filing in the U.S. Court of Appeals for the Fifth Circuit. “As a result, EPA does not intend to conduct notice-and-comment rulemaking to evaluate potential changes to the Asbestos Part 1 Rule at this time.”

The Asbestos Part 1 Rule, finalized by the EPA during the Biden administration, is a regulation under the Toxic Substances Control Act prohibiting the manufacture, processing, distribution in commerce, and commercial use of chrysotile asbestos. 

Chrysotile asbestos, also known as “white asbestos,” is commonly used in construction and industrial sectors due to its resistance to heat, fire, and electrical conduction. It is also a key input in the U.S. chlorine manufacturing sector, with critics of the initial ban saying it could lead to a clean drinking water shortage.

Asbestos was introduced to construction in the 1930s and was used as an insulating material in schools, houses, hospitals, and offices, as well as consumer products.

White asbestos is also used for roofing materials, textiles, cement, and automotive parts.

Advocates of the rule argue that asbestos is linked to 40,000 annual deaths and also contributes to lung cancer, mesothelioma, and ovarian cancer, according to EPA officials in the 2024 rulemaking.

In June, the Trump administration said that it would reconsider the ban over the next 30 months, according to a court filing. The EPA said it would investigate whether banning asbestos “went beyond what is necessary.”

According to the June filing, the EPA would consider removing the rule’s bans on importing and using asbestos in chlorine production and installing new asbestos-containing sheet gaskets in facilities such as chemical manufacturing.

When the Trump administration announced the asbestos review, it received criticism from liberals. Former Secretary of State Hillary Clinton wrote in a Facebook post, “What is this—Make Asbestos Great Again?”

The current ban still allows manufacturers up to 12 years to phase out asbestos, a provision advocated by groups such as the American Chemistry Council. That provision, though, still faces an industry challenge in court.

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In a statement, the EPA said it still disagrees with components of the former President Joe Biden-regulated policy and would not follow the procedures to implement a new rule. Instead, it will now “take immediate action” to strengthen worker protections. 

One advocacy group, the Asbestos Disease Awareness Organization, was pleased about the reversal. If the government decided to reconsider the ban, it “would have opened the door to years of delay, confusion and increased risk to public health,” said Linda Reinstein, the organization’s president, to the New York Times.