On July 12, 1989, the USEPA published a final rule phasing out the use of asbestos cement (A/C) pipe. EPA's schedule called for a prohibition on the manufacture of a/c pipe on August 26, 1996 and on distribution in commerce on August 25, 1997. This rule was challenged by Asbestos Cement Pipe Producers Association and other interested parties in the U.S. court system. On October 18, 1991, the U.S. District Court of Appeals for the Fifth Circuit overturned the rule and remanded it to the EPA. The background and rationale is given.