Enter your information below and we'll overnight a comprehensive information packet FREE of charge.

First Name:

Last Name:

Telephone:

Email:

Address:

City:

State:

Zip:
Have you or someone you know been diagnosed with mesothelioma?
Yes No

Archive for June, 2009

Business Owner Charged with Polluting the Air

Tuesday, June 30th, 2009

Criminal charges filed against the owner of a contaminated mill in Oregon are complicating the cleanup efforts at the site. The mill, located in Sweet Home, Oregon, is owned by a nonprofit foundation run by Eugene, Oregon businessman Dan Desler. Criminal charges have been filed against Desler and the foundation by the state of Oregon.

The EPA hopes to clean up the asbestos-laden debris that was left all over the site after Desler partially demolished several aging buildings at the mill between May 2007 and February 2008. The state is now suing Desler over the demolition, alleging criminal violations of pollution laws. However, because the current state of site provides vital evidence for the upcoming trial against Desler, there is some dispute as to exactly how the asbestos should be cleaned up.

“I’ve done removals where there is an investigation, but I’ve never done one where there’s an upcoming trial,” said Dan Heister of the EPA’s Emergency Response Unit. Heister will be coordinating the cleanup at the site. “We’re moving material that’s at the heart of the investigation,” Heister said.

Heister will take asbestos samples from the mill site, and Desler has been allowed to hire an asbestos abatement contractor to cover the remains of the partially demolished buildings with a tarp to prevent the asbestos from becoming airborne. Airborne asbestos particles can lodge in the lungs, leading to mesothelioma and lung cancer in some cases. The cleanup at the site will likely be financed by the EPA’s Superfund program.

Desler was arrested May 11 on felony air pollution charges. His court date is scheduled for August 3. Desler and his foundation, Western States Land Reliance Trust, are charged with seven felony counts of first-degree unlawful air pollution, a felony count of supplying false information to the Oregon Department of Environmental Quality and a felony count of reckless endangerment.

Europe Places New Limits on Pollutants, Including Asbestos & Nitrogen

Monday, June 29th, 2009

On Wednesday of last week, European Union officials agreed to place new limits on the amounts of industrial pollutants that are considered acceptable. Critics of the new limits argue that the EU, while making improvements to environmental standards, failed to get tough enough to make a major difference. The new rules were set in place after a meeting of EU government officials in Luxembourg. The regulations will limit emissions of sulfur and nitrogen compounds, dust particles, and heavy metals, in an effort to reduce air as well as water and soil pollution.

In addition, asbestos will also be more carefully watched. Asbestos exposure increases a person’s risk for developing lung cancer, mesothelioma, asbestosis, COPD and other respiratory ailments.

The new regulations will apply to facilities in the heavy industries field, such as steel mills, power plants and oil refineries. These industries will be required to adopt new “green” techniques by 2016. In addition, each nation must adhere to their governments nationally agreed upon pollution limits. However, the new regulations have a few blind spots where some existing operations are concerned; for example, the coal-fired power stations will have until 2020 to clean up their act. Carbon dioxide emissions were also not dealt with in the new regulations.

British Environment Secretary Hillary Benn is pleased with the new regulations. "In particular the agreement will help ensure a smooth transition to low emissions and low carbon power generation by 2020 and beyond, without risking locking in continuing high carbon energy generation," he said. Now that the legislation has been approved, it must face additional review by the European parliament, a process that can take at least six months.

Massachusetts Men Accused of Illegal Asbestos Abatement

Tuesday, June 23rd, 2009

Two Massachusetts men have been accused of improperly removing asbestos, and have been indicted by a grand jury on charges of violating the federal Clean Air Act. The men are accused of removing the asbestos from properties in Attleboro and North Attleboro, Massachusetts.

Arthur Amaral, who owns Northeast Demolition and Removal, and Shaun Amaral, the company’s foreman, were indicted on Thursday. Then men are accused of failing to file the proper asbestos demolition notices with the Massachusetts Department of Environmental Protection, failing to remove asbestos in accordance with the law, and failing to properly dispose of the asbestos waste.

The Amaral’s are expected to be arraigned in Bristol County Superior Court at a later date. Officials claim that the men told their workers to begin demolition of the properties prior to the removal of asbestos. This could have sent tiny asbestos particles into the air. If inhaled, asbestos particles can cause lung cancer and mesothelioma. Mesothelioma, a rare but aggressive cancer, can manifest initially in the lining of the lungs, heart, or abdomen. It can spread rapidly through the body, and can kill victims within months of being diagnosed.

A consultant for Northeast Demolition and Removal allegedly conducted an asbestos survey of the properties prior to the demolition. However, the asbestos was not properly removed prior to renovation and demolition work. Asbestos was present in the floor tiles, piping and other debris. In addition, inspectors also allegedly discovered 76 cardboard drums containing tiles and pipe insulation that tested positive for asbestos. The drums were being kept inside a storage facility in Middleboro, Massachusetts.

Asarco asbestos claimants closer to payout

Tuesday, June 16th, 2009

Copper mining giant Asarco LLC is currently dealing with bankruptcy. Asarco declared bankruptcy in part due to a large number of asbestos claims levied against the company. Now, a new offer from another company may help Asarco to pay off some of those asbestos-related personal injury claims.

Vedanta Resources PLC announced that it plans to increase the note portion of the offer to lift Asarco out of bankruptcy. Sterlite Industries, a subsidiary company of the London-based Vedanta mining company, will increase the note portion of their offer to Asarco. The amount of the note offer will increase from $600 million to $770 million. Including liabilities, that offer is valued at between $2 and $3 billion.

The Wall Street Journal reports on the offer indicate that the Vedanta unit will also improve the terms of payment to asbestos claimants. Asbestos claimants have been called a “critical group” in the Asarco bankruptcy restructuring. The asbestos claimants seek various personal injury claims, including asbestos-related claims. Asbestos causes various illnesses, which include lung cancer and mesothelioma.

Currently, Vedanta/Sterlite is engaged in a bidding war with rival company Grupo Mexico. Regardless of who makes the best offer, the end result will be that Asarco will be financially able to pay off creditors and asbestos claimants. Grupo Mexico’s most recent bid was worth $1.55 billion; a bid that Sterlite has just topped. Asarco filed for bankruptcy in 2005, and faces over $1 billion in unresolved asbestos and environmental damage claims.

New Hampshire to hold asbestos information meetings

Tuesday, June 16th, 2009

Residents of the city of Nashua, New Hampshire are being strongly encouraged to attend informational meetings regarding asbestos. The city contains 175 known asbestos dumping sites, and anyone living near the sites has been requested to attend an asbestos open house that is being coordinated by city and state environmental officials later this month. The asbestos open house will be held on Monday, June 22, from 6-8 p.m. in Nashua City Hall’s third-floor auditorium.

The 175 known asbestos disposal sites scattered around Nashua include residential, business and city-owned properties. Invitations to the open house were mailed to property owners, but anyone can attend. The open house will cover topics related to the health and environmental risks associated with asbestos, as well as asbestos abatement strategies and ways that people can reduce their risk of asbestos exposure. Asbestos exposure is linked to lung cancer, mesothelioma, and other respiratory conditions.

The city of Nashua is able to track asbestos-contaminated properties, as well as EPA Brownfield properties thanks to a grant from the EPA. The city will also use the grant money to assess the condition of various properties and determine the proper course of action for asbestos removal and redevelopment of select sites throughout the city.

Topics to be discussed at the open house include property owners’ responsibilities, environmental issues, potential health risks, and proper management of asbestos to reduce potential risk of asbestos exposure, and remediation and redevelopment strategies for select sites. “A key component of this Brownfields program is public involvement,” Nashua’s Brownfields Coordinator Deb Chisholm said. “We plan to work closely with residents and business owners, helping them to understand what to do if asbestos waste is suspected or known to be buried on their property and to reduce any potential risk of asbestos exposure.”

In the UK, Asbestos Victims Seeking Donations to Fund Research

Thursday, June 11th, 2009

Asbestos victims in the United Kingdom are urging insurers to donate money to research asbestos-related diseases. The victims argue that many insurance giants have not been forced to pay out to asbestos sufferers because they received compensation from the government instead. The victims believe that insurance companies ought to donate the money they did not pay out to mesothelioma research. Legal experts estimate that the insurance industry may have saved as much as £14 million (nearly $23 million) over the years.

Protesters circled outside of the Association of British Insurers yesterday in order to raise awareness for their idea. The protesters hope that if the insurance industry does donate money for asbestos-related disease research, a cure could be found. At the very least, they hope to alleviate the suffering of future victims and their families. Tony Whitston, of the Asbestos Victims Support Group Forum, thinks that if the insurers refuse to donate funds to research, they are despicable. "It was within the rules but it was wrong. The insurance industry saved millions of pounds in compensation that was instead paid by taxpayers. They should do the decent thing and donate this money to researching ways to help future victims of the asbestos time bomb."

Deaths from asbestos-related diseases throughout the UK rise each year, and are soon expected to hit 6,000 deaths per year. The number of fatalities stemming from asbestos-related diseases in the UK is not expected to start decline until 2030, according to health reports.

Asbestos Located in SUNY New Paltz Dormitory

Tuesday, June 9th, 2009

Renovations at a dorm on the campus of SUNY New Paltz have been brought to a halt after state officials discovered that violations regarding asbestos removal had occurred. The site was shut down during a routine inspection by state Department of Labor officials. The inspector who ordered the shut down found that the New Jersey construction firm overseeing the removal of asbestos from the basement and first floor of the Bouton Hal dormitory was conducting the removal in an improper fashion. Improperly removing asbestos poses serious health risks, as asbestos is a known carcinogen linked to lung cancer and mesothelioma.

When improperly removed, the risk of asbestos fibers becoming airborne increases. Those airborne asbestos particles can become lodged in the lungs of workers or neighbors, leading to various respiratory conditions. In addition to various cancers, asbestos can also lead to asbestosis, a chronic inflammatory disease of the lungs.

According to college spokesman Erik Gullickson, the college was not cited for the violation. The college was immediately notified of the violation, and has taken measures to ensure that no students or staff is allowed into the building. The building had been closed off during renovations. The construction firm cited for the violations is Milestone Environmental of Morganville, New Jersey. Due to the violations, the firm could face fines.

According to a spokeswoman for the Department of Labor, the building will stay closed until a consultant can assess the issues noted by the inspector. Then those issued will need to undergo remediation prior to resuming the renovation.

High Costs to Remove Asbestos From Massachusetts Courthouse

Wednesday, June 3rd, 2009

The 1820 Courthouse in historic Plymouth, Massachusetts is facing a very expensive environmental and asbestos cleanup. The County Commissioner’s building is also in desperate need of work. All told, the cost of cleaning up both properties will cost over $600,000.

According to an assessment done by Atlantic Environmental Technologies Inc., of New Bedford, Massachusetts, estimates place the total cost of environmental restoration of the Courthouse at around $391,945. The total cost of restoring the commissioner’s building has been estimated to be around $234,415.

While both buildings are structurally sound, there are three underground storage tanks that must be removed. In addition, the amounts of lead and asbestos present in elevated. Asbestos abatement costs for the Courthouse are estimated at $220,445. The cost of asbestos abatement for the commissioner’s building is estimated at $82,420. Asbestos abatement is costly, but necessary, as asbestos is linked to lung cancer and mesothelioma.

Officials said the presence of asbestos in caulking, tiles, and insulation around heating elements was not unexpected. However, asbestos was also found in the plaster of the courthouse’s 1962 addition. Asbestos was even found in a dirt floor area of the courthouse. “The asbestos scientists have cautioned that the loose asbestos in the dirt floor and the asbestos currently falling off heating elements in the basement of the Courthouse pose an immediate health risk to anyone entering the basement,” said one official.

Thank you for visiting this website which is created for the benefit of the general public. This website and its content are produced and sponsored by the law firm of James F. Early, LLC (James F. Early, Esq.). All of the information is intended as a resource available at no cost to people diagnosed with mesothelioma and their loved ones. Nonetheless, it may be considered attorney advertising. The content contained herein was not prepared by medical professionals and it is not intended, nor should it be considered, as a substitute for medical advice. The information provided on this website is intended as educational material, designed solely to support, and not replace, the relationship that exists between a patient/site visitor and his/her healthcare professional. Additionally, neither visiting this website nor viewing its content is intended, and shall not be considered, to create an attorney-client relationship. An attorney-client relationship can only be created by mutual agreement and consent of the prospective client and the attorney. Neither the transmission nor receipt of this website material creates an attorney-client relationship between sender and receiver. The material contained herein is general in nature and may not apply to your particular factual or legal circumstances. Online readers should not act on this information without seeking professional counsel and advice. All information on this website is provided as a resource for the convenience and benefit of visitors to this website and their families. No affiliation with or endorsement of: (1) this website by the persons, facilities or organizations listed herein; OR (2) such persons, facilities or organizations by this website, is intended, nor should it be inferred. In all cases and without exception, such visitors and their families, for their own particular situation, must perform their own investigation of the suitability and appropriateness of any such person, facility or organization. Please read our disclaimer for more information.