Brigette Honaker  |  January 22, 2020

Category: Asbestos

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"Danger Asbestos" signThe EPA recently took legal action against Dover Greens, alleging that the company violated asbestos laws while renovating an abandoned asylum.

The abandoned Harlem Valley Psychiatric Center is described as a “sprawling complex” on 500-acres of land in New York. Dover Greens LLC reportedly took on the task of renovating this large complex but the U.S. Department of Justice, on behalf of the Environmental Protection Agency (EPA), alleges that the company “repeatedly failed to follow the required regulations” on asbestos abatement.

The company allegedly knew that the Harlem Valley buildings contained asbestos based on an assessment in conjunction with its purchase in June 2013. Dover Greens allegedly had already planned to hold a fundraiser in October 2013 in buildings that hadn’t been renovated.

Instead of following the proper asbestos laws, changing the event venue, or delaying the event, the company allegedly violated several regulations with their “slipshod effort to renovate portions of the campus in advance of the fundraiser.” These subpar abatement efforts allegedly increased asbestos exposure risks for Dover Greens’ employees, contractors, and people who attended the fundraising event.

“Ultimately, Dover Greens hosted its fundraiser on the property in late October 2013,” the asbestos lawsuit claims. “Its reckless efforts to renovate the Campus before this fundraiser not only violated the Asbestos NESHAP, but also increased the risk that guests at the event would be exposed to asbestos fibers.”

The federal government argues that Dover Greens violated asbestos regulations including the Clean Air Act and Asbestos National Emissions Standards for Hazardous Air Pollutants (NESHAP).

The Asbestos Lawsuit is Case No. 7:20-cv-00124 in the U.S. District Court for the Southern District of New York.

Asbestos Laws & Regulations

Asbestos is a naturally occurring mineral that was previously used in building construction materials. Materials made with asbestos include insulation, pipe covers, floor tiles, roofing, siding, paint, and more.

Although asbestos-containing materials were effective in building settings, they placed people at risk due to the carcinogenic nature of asbestos. Asbestos fibers are small and, when inhaled or swallowed, can lead to significant health issues in the long term. Possible health complications include mesothelioma, lung cancer, and other types of cancer.

A variety of rules and regulations aim to control the use of asbestos in the United States. Asbestos NESHAP regulations, as referenced by the EPA in the recent lawsuit, detail how to handle asbestos during demolitions and renovations. These regulations include:

  • The building owner or operator must notify state agencies before demolition or renovations;
  • Measures must ensure that visible asbestos emissions are not emitted outside;
  • Air cleaning procedures;
  • Requirements for removing asbestos waste;
  • And more.

The Clean Air Act, also referenced by the EPA’s lawsuit, gives the EPA the power to set standards for hazardous air pollutants in order to protect and improve air quality. This act includes provisions regarding asbestos.

If companies do not follow these and other procedures while renovating or repairing a building, it can result in significant health problems down the line for residents, employees, contractors, and other people who come into contact with improperly removed asbestos.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual asbestos lawsuit or asbestos class action lawsuit is best for you. [In general, asbestos mesothelioma lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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