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Landfill Contaminated With Asbestos

Elbert County in Denver, CO has a unique asbestos abatement project to tackle – that of a public landfill and trash compactor site. The site has historically been used to dispose of roofing and building materials, much of which was from before the mid 1970’s when buildings were routinely constructed with an abundance of asbestos. The landfill has been the primary dumping site for such rubbish but then it is compacted into bundles and shipped off to another landfill.

Concern about asbestos at the site arose when a backhoe company began excavating the grounds in preparation to remove an old missile silo. Local residents in the area called in complaints to authorities that contaminants were being spread by the excavation. Subsequent soil tests and tests to the debris at the landfill showed the presence of asbestos. No charges were filed because the asbestos had not yet gone airborne, but rather was contained to the landfill site.

Upon learning of the presence of asbestos among other environmental contaminants, the excavating was ceased and the area was covered, pending professional asbestos abatement services.

Cory Stark, director of Elbert County Emergency Management determined that the backhoe company, Backhoe Services, was operating without having tested the soil first and without a formal contract with the city. As reported by the Denver Post, Backhoe Services could not be reached for comment.

Stark asserts that there has been no danger to local residents so far as the toxins have been contained. Still, local residents have remained cautious and concerned. They are now taking their trash and debris to an alternate dump site.

Asbestos diseases such as lung cancer, asbestosis, and mesothelioma are the unfortunate result of asbestos exposure. If you have been diagnosed with an asbestos-related disease, contact a mesothelioma lawyer at American Law Partners today for a free consultation.

Cleaning Up New Jersey’s Asbestos Problem

The removal and disposal of asbestos used as a building material is a dangerous, expensive and highly technical process. Contractors who work with the deadly substance usually need to hold a license from the state and require specialized equipment and safety precautions before undertaking any asbestos-related job. If proper procedures are not followed when working with asbestos, not only can there be significant health consequences for the workers, but the contractors also can be liable for significant financial penalties.

In Gibbstown, N.J., local contractor Lovett Contracting is facing legal action and potentially stiff fines from the United States Environmental Protection Agency (EPA) as a result of the alleged improper clean-up and removal of asbestos-containing materials used in a former DuPont Chemical gunpowder plant. The lawsuit alleges Lovett was in violation of the federal Clean Air Act and the National Emission Standard for Hazardous Air Pollutants regarding asbestos. The EPA is seeking $32,000 per day and per violation as well as court costs, which can ultimately amount to hundreds of thousands of dollars of violations for the contractor.

According to The Gloucester County Times, the EPA allegations listed six violations, including failure to take required precautions in demolishing or removing about 5,000 feet of piping and 3,000 feet of pipe insulation with dangerous amounts of asbestos that could be exposed to the air. Once airborne, the asbestos becomes a hazard to employees and the local community alike.

While the contractor had no comment to local media, EPA spokesman Elias Rodriguez said, “Asbestos is a known carcinogen, and inhalation of asbestos fibers can cause serious health risks.” He noted, “Using water and equipment such as glove bags and other containment measures prevents the release of asbestos fibers and minimizes the chance of exposure.”

However, high government penalties will not save the lives currently in peril because of this added risk of developing asbestos-related cancers. All these fines can do is punish the offenders. They can not take away the pain, suffering and struggle manymesothelioma and asbestosis victims face on a regular basis. Workers are regularly put at risk during these massive asbestos clean-up projects, with little upfront protection.

Isn’t it time to ban this deadly substance? Join us and help us ban asbestos now.

13 Years After a Ban, the UK Continues to Fight the Effects of Exposure to Asbestos

With the rise and fall of the asbestos industry in Canada making headlines recently, it’d be easy for some to think that the global asbestos problem could immediately be solved with a ban. It sure seems to make sense: if we stopped mining and manufacturing asbestos, we’d be able to prevent deaths from asbestos-related cancers such as mesothelioma forever.

Unfortunately, a ban is only step one in the fight to beat asbestos-related diseases. Asbestos once was used so widely that it exists potentially everywhere. It can turn up in places you’d least expect it — in the ceilings and floors of buildings that were built before 1980, in duct tape, caulking and textured paints, and even in car brakes and other automotive parts, just to name a few.

Given the pervasiveness of asbestos over the years, signs of the material and deaths from mesothelioma can occur for decades after a country bans its use. One needs to look no further than the United Kingdom (UK) to see an example of how a country must manage its “asbestos legacy” long after it has been prohibited.

The UK government banned asbestos in 1999 with the passing of The Asbestos Prohibitions Amendment Regulations. However, The Health and Safety Executive, a UK government body responsible for the regulation and enforcement of workplace health, safety and welfare, estimates that more than half a million non-domestic buildings on the island of Britain contain asbestos to this day.

As a result, occurrences of mesothelioma in the UK are among the highest in the world. The UK government estimates that 4,000 residents die as a result of complications associated with asbestos exposure annually. Those numbers are expected to rise, since it can take years to develop illnesses after exposure to the deadly substance. By comparison, in the United States, there are an estimated 10,000 deaths attributed to asbestos-related diseases each year.

The dramatic rise in mesothelioma deaths both at home and abroad underlines the dangers associated with even the smallest exposures to asbestos. The United States will continue to face these same asbestos-related health risks so long as the material is allowed to be used – and perhaps even long after it’s banned.

There’s no reason for our political leaders to delay in banning this deadly material. It’s time to ban asbestos now.

Two Asbestos Wrongs Make A Right?

Journalist Mark Bonokoski, recently featured in the London Free Press, has stirred up a lot of controversy in a recent article. While discussing a letter sent by activists to Zimbabwe Dictator Robert Mugabe requesting that he does not reopen the country’s asbestos mines, Bonokoski recommended that the mines indeed be opened to save the economy of the struggling nation.  While the opening of this mine may mildly stimulate the nation’s economy, it will also greatly increase the number of serious and fatal diseases found in the region. Exposure to asbestos has been linked toasbestosis, lung cancer and mesothelioma, and is estimated to kill more than 107,000 people globally every year.

In the same article, Bonokoski weighed-in on Canada blocking an international agreement to restrict the sale of chrysotile asbestos.  He said of Canada’s pro-asbestos actions: “Quite simply because it was the right thing to do.”  Bonokoski defended his statement by saying that since the government of Quebec awarded a $58-million loan to the owners of the Jeffrey Mine in Asbestos, Quebec, they couldn’t simply just throw their money away.  Apparently Bonokoski believes that two wrongs will make a right.

It is time to ban asbestos throughout the world to prevent exposing any more people to this deadly mineral. Bolstering the global asbestos trade by mining and manufacturing this silent killer should be the last idea on the minds’ of our leaders and journalists.

Dangerous Cycle in Asbestos Town

As reported by Associated Press, those who have lived in the town of Libby, MT for the last few decades have seen around 400 people die and an additional 1,750 suffer from asbestos-related diseases like mesothelioma cancer and asbestosis.  Emotions and anxiety ran high recently when it was discovered the struggle is not yet over.  This week, it was revealed that two giant piles of bark and wood chips that have sat on the edge of town for years are contaminated with an unknown level of asbestos.  Residents have been helping themselves to truckload after truckload of the material to place in yards, city parks, outside school and at the local cemetery.  No one ever told them the piles may be filled with the toxin that has killed so many of the people they loved.

An AP investigation found that the federal government has known for at least three years that the wood piles contained asbestos, but they did not know the level of contamination.  EPA documents show that in 2007, 20 samples were taken from the pile, four of which showed potentially dangerous asbestos fibers.  The piles came from a now-defunct timber mill that took thousands of trees from a forest affected by asbestos from a nearby mine.

The potential for more contamination has frayed nerves in the town of 3,000 people and further eroded confidence in the government to clean up the mess. Resident Lerah Parker, who has spread truckloads of the material around her property, worries, “We thought we were coming to an end and now we have this issue all over again.” Residents are justified to feel concerned about the public health of their town.  Asbestos is one of the only causes of mesothelioma and, unfortunately, themesothelioma life expectancy can be grim.

Residents aren’t the only ones scrambling at this time. The EPA is now trying to gauge the public health risk and is preparing to issue guidelines about how residents should handle the wood, including warnings not to move or work with the material when it’s dry to avoid stirring up asbestos.  But the agency has decided it won’t track down where the chips went, saying it no longer has jurisdiction because the material is now classified as a commercial product.

Libby has fought an uphill battle against asbestos for many years.  This is not a resting point.  They must continue leading the fight for an asbestos-free country.

Should Mesothelioma Patients Be Forced to Pay Their Own Legal Costs?

Bradford Asbestos Victims Support Group fights odious new measure in Britain

Last week the British government revealed measures that could force personal injury claimants to pay legal costs previously paid by the defendant when found at fault. These measures come as part of the Legal Aid, Sentencing and Punishment of Offenders Bill which is the current government’s flagship justice bill.

This would mean that victims of asbestos who suffer from asbestos related diseases such as mesothelioma, asbestos lung cancerasbestosis and other ailments, who have already lost their health, might also be on the hook for prohibitive legal fees.

 Anti-asbestos activists such as former Bradford textiles union leader Terry Briton, of the Bradford Asbestos Victims Support Group are up in arms.

“Mesothelioma sufferers endure pain and suffering and an untimely death because of the risks of exposure to asbestos they had to take. Now they are told that they must carry the risks of suing for compensation – isn’t the risk of losing their lives enough? Where is the justice in making dying asbestos victims bear the burden of legal costs on top of the pain and suffering, while rich and powerful insurance companies enjoy relief from costs which the losing party have, and should, rightly bear,” he said.

Mr Briton has lost many friends and colleagues to asbestos-related diseases such as mesothelioma cancer, a rare but aggressive cancer that is only known to be caused by exposure to asbestos fibers.

The government has proposed the changes to the legal system in order to reduce costs by reducing the number of people using the courts.

New Asbestos Outrage in Libby

W.R. Grace Mesothelioma victims up in arms over asbestos-contaminated woodpiles

For the many hundreds of Libby, Montana asbestos victims who have died, become gravely ill, or have lost loved ones to the negligent and criminal actions of W.R. Grace, the latest news from the proud and rugged town is almost too much to bear.

According to an Associated Press investigation, the Environmental Protection Agency has known since 2008 that two large piles of woodchips on the edge of town might be contaminated with unknown levels of deadly tremolite asbestos, but kept the information quiet. They even allowed Libby residents to haul the material away by the truckload for use in city parks, cemeteries and playgrounds.

 Now Libby, the worst Superfund site in America, might be entering a fresh wave of contamination from the very material that the EPA has been trying to eradicate for the past 11 years. The EPA did not stop the hauling of the wood chips until March when the AP began its investigation. All of this despite $370 million spent by the EPA over the past 11 years cleaning up Libby.

Although regulators are unsure about the exact levels of contamination, tests conducted in 2007 showed asbestos fibers on four out of 20 wood samples. While this might appear to be a relatively small sampling, any new asbestos exposure is deeply troublesome for the asbestos victims who have already lost so much to Grace’s folly.

W.R. Grace (of Cambridge, MA) bought the Zonolite vermiculite mine in Libby in the 1960s, and was fully aware that the vermiculite was contaminated with tremolite, a particularly dangerous form of asbestos. Exposure to tremolite asbestos can cause asbestos related diseases such as asbestosis, asbestos lung cancer and mesothelioma cancer. At its peak, the mines employed 200 townspeople, who worked in dirty, dusty conditions to mine the vermiculite, which was used for a popular insulation material.
Mine owners dismissed workers’ health concerns over the dust, calling it “nuisance dust” and allowing them to work without safety equipment. Workers carried the dust home, exposing family members to the deadly asbestos. Waste rock from the mines was doled out to townspeople and was used for fill in playgrounds, running tracks, baseball fields, yards and other home construction projects.

The dangers spread far beyond Libby. Zonolite was spread across the nation via a network of processing plants. A popular DIY pour-in insulation, Zonolite can still be found in an estimated 35 million homes across the country.

To date, hundreds of Libby residents have died and many more have become sick. It’s unknown how many have died nationwide from Libby asbestos. Grace was never prosecuted for their negligence.

“We thought we were coming to an end and now we have this issue all over again,” said Lerah Parker, who used truckloads on the material on her property.

It’s estimated that over 1,000 tons of the potentially dangerous material was used within Libby, and as much as 15,000 tons were sent outside of the town.

Montana U.S. Sen. Max Baucus said he would start his own inquiry into the use of the bark and wood chips.
“The people of Libby have already been poisoned in the name of greed and I won’t allow them to be poisoned again because of negligence,” said Baucus.

Any concerns about the danger of the piles was brushed off by the man making money from selling the material. Paul Rummelhart said he was “sick and tired of those (asbestos) victims” hampering the town’s economic revitalization. He said he intends to sell more of the material if given the chance.

Artist May Have Been Exposed to Asbestos by Sanding Paint

It’s no secret nowadays that those who have spent their lives working in shipyards or factories run an increased risk of eventually developing an illness such as asbestosis or mesothelioma.

However, a recent story out of Scotland regarding a profession that is far less commonly associated with asbestos illnesses may be the cause of one man’s mesothelioma death.

 According to the Daily Record, 79-year-old Scottish artist James Howie passed away earlier this month after having been diagnosed with both mesothelioma and a pulmonary embolism. When looking for what caused Howie to inhale the dangerous asbestos fibers that usually cause mesothelioma, his wife Joyce told the paper that she suspected that sanding methods he used on paint for his pieces may have been what released the fibers into the air.

“He used to do layer upon layer of paint, always scraping, sanding, cutting it back to paint over it again and again in order to create a certain effect,” she said. “He would keep repeating this process until it resulted in the thing he was looking for.”

She added that, at the time of the article’s publishing, there had still not been final results from her husband’s autopsy to either confirm or deny her suspicions.

Whether or not James Howie’s sanding methods ultimately led to the asbestos exposure that caused his mesothelioma diagnosis, his case is nonetheless another example that a mesothelioma diagnosis can happen to anyone, not just factory workers.

If you or a loved one have an asbestos related disease such as mesothelioma, speak with one of our mesothelioma attorneys today and learn more about any legal actions you may be able to pursue.

Physicians Warn Against a New “Mesothelioma Capital of Canada”

Even with the effects of Ontario’s asbestos mining history still lingering, the Canadian government has opposed designating asbestos as a hazardous product. Now, doctors serving as delegates to the Canadian Medical Association’s General Assembly are warning that mining asbestos in Quebec will lead to a similar end.

The doctors are calling the Canadian government “shameful” for its decision that opposes the limitation of chrysotile asbestos exports from Canada. Nor will the government support labeling this proven carcinogen as a hazardous product.

 The controversy over the government’s decision has served as a reminder that the mining practices in the Ontario town of Sarnia caused so many of its citizens to contract mesothelioma – a rare cancer of the tissues lining the lungs, chest, and abdominal cavity – it’s since been nicknamed the mesothelioma capital of Canada.

Chrysotile asbestos makes up more than 90 percent of all asbestos mined globally, including in Canada. The battle between the doctors and the Canadian government isn’t new — the mining and export of chrysotile asbestos has caused controversy among health professionals and the regulatory bodies within governments of countries that mine it for many years. The battle centers on the profitability of mining and exporting asbestos to the countries versus the alarming health risks the substance has been proven to cause.

Dr. Deborah Hillier, an occupational physician, pointed out that Canada exports asbestos mined in Quebec to “Third World countries where it is not used appropriately.” Workers in these countries are therefore at risk for asbestosis, mesothelioma, lung cancer, and other asbestos-related diseases. Further, these countries are manufacturing products with the carcinogen that are being sent back into Canada, expanding the exposure and placing even more Canadians at risk.

If you’ve suffered from the effects of asbestos exposure, such as the cancer mesothelioma, there may be legal action you can

Ohio School Closed Due to Loose Asbestos Tiles

Continually poor weather in Ohio has lead to the closing of a Reading school after concerns over damage to the building’s asbestos-laden roof and its potential to expose dangerous fibers to students and faculty.

According to local television station FOX 19, Hilltop Elementary School was forced to close its doors last week so workers could get to the building’s roof to reinforce 35 square feet of weakened plaster that is known to contain asbestos. The plaster roofing was weakened during heavy rains that had hit the area during the week.

 ”Technically they don’t have to follow the EPA regulations,” explained Bradley Miller from the Hamilton County Department of Environmental Services. “But the contractor has agreed to do everything in the US EPA regulations by wetting the material, placing it in bags in a wetted condition and then taking it to an approved landfill for disposal.”

In order to make sure no asbestos fibers fall into the school during the construction, workers were stationed inside to monitor the building and make sure conditions were safe for students to return the following week.

While it seems the proper precautions were taken to ensure that no students will be exposed to asbestos at this school, it is concerning that schools are still allowed to use construction products that are known to contain asbestos.

Mesothelioma and asbestosis are both deadly illnesses that are caused primarily by prolonged exposure to asbestos fibers. If you were exposed to asbestos while working for a company and have since developed one of these illnesses, it may be worth pursuing a mesothelioma lawsuit that could potentially result in a substantial asbestos settlement.

If you think that a mesothelioma attorney could help prove your illness was caused by a specific entity’s negligence, please contact American Law Partners for a free legal consultation.