Environmental crime – Asbestos and the Clean Air Act By Chris Paul


A federal jury found an asbestos removal contractor and his company guilty of violating the Clean Air Act and other charges related to improper removal of asbestos (United States v. Gordon-Smith, W.D.N.Y., No 08-CR-6019, 11/12/10). They were found guilty of eight counts of violating the Clean Air Act, six counts of failing to provide required notice to EPA, and making false statements to an inspector of the Occupational Safety and Health Administration. The owner faces criminal penalties of up to five years in prison and $250,000 for each count, while the company faces fines of up to $500,000 per count.

Workers removed copper pipes, ceiling tiles and scrap metal without wearing any protective gear. The structure contained about 70,000 square feet of asbestos. After receiving complaints from workers, OSHA inspected the site, but the owner told an inspector that workers had not removed any of the materials.

Article authored by McAfee & Taft attorney: Chris Paul.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© McAfee & Taft | Attorney Advertising

Written by:


McAfee & Taft on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.