Boston, MA (Mesothelioma News) -In an action demonstrating the heightened-and increasingly aggressive-enforcement of asbestos regulations, Massachusetts Attorney General Martha Coakley announced that her office has filed suit against a Lawrence, Mass., company for its improper, unauthorized removal of the hazardous material in violation of the state's Clean Air Act.
For decades, asbestos has been scientifically linked to deadly diseases including mesothelioma, an invariably fatal form of cancer. Mesothelioma lawyers hailed the suit as a welcome and necessary step in safeguarding the public against asbestos-related diseases.
The lawsuit, filed in Suffolk Superior Court on March 29, names Lawrence-based Environmental Restoration Services Corporation (ERSC) and its president, Jorge Elias, as defendants. It seeks civil penalties for violations of the state's Clean Air Act-violations, Coakley said, that could create serious health risks now and well into the future.
"Asbestos is a dangerous material that, when improperly removed, can remain suspended in the air for long periods of time," the attorney general said. "Exposure to asbestos can create a serious health risk. It is extremely important that the proper removal and disposal procedures are followed to ensure the health and safety of the public, and our office will aggressively pursue those who violate the laws."
Mesothelioma lawyers have long been pushing for aggressive enforcement of asbestos regulations. While most states do have laws specifying how asbestos should be handled, removed and disposed of, asbestos abatement work can be costly and time consuming, leading many property owners, employers and contractors to cut corners-or skip crucial testing and safeguards entirely.
Such violations can be extremely hazardous, the mesothelioma lawyers contend. Long popular for its resistance to heat and fire, asbestos is still present in many older structures, including homes, factories, office buildings and even schools. When the material is disrupted-as in the course of a renovation or demolition project-asbestos fibers can escape into the air, where they can be easily inhaled. Lodged in an individual's lungs, those asbestos fibers can trigger mesothelioma and other severe conditions years or decades later.
A diagnosis of mesothelioma is particularly grim: By the time the disease is detected, it is typically in an advanced stage, and few patients survive more than two or three years after diagnosis.
In recent years, states have been more aggressive in enforcing their asbestos regulations, bringing civil and sometimes criminal charges against those who skirt the rules. But mesothelioma experts say authorities need to enforce these safeguards even more vigorously to keep the public safe.
In the Massachusetts case, the state contends that the asbestos-containing material was removed from the Gardner Senior Center without approval from the Massachusetts Department of Environmental Protection or the city of Gardner's own asbestos consultant.
The lawsuit also alleges that the way the asbestos was removed and disposed of was improper and hazardous. ERSC, the state says, dumped broken pieces of asbestos floor tiles into an open-top container on the site's parking lot. The asbestos was not covered, labeled, wetted or sealed-all steps required by law.
In this case, asbestos fibers could have easily been inhaled by anyone nearby, potentially triggering mesothelioma or other asbestos-related diseases decades down the road. The hope, experts say, is that enforcement actions like this will cause other contractors and property owners to carefully consider the regulations-and the health risks-in play when asbestos is present.
This news story was brought to you by the mesothelioma lawyers at Cooney & Conway. For more than half a century, we have been advocates for those injured because of the wrongful actions of others. We have litigated and resolved some of the nation's most significant asbestos lawsuits, bringing justice-and financial compensation-to victims of asbestos exposure and the lung cancer, mesothelioma and other deadly diseases it can cause.
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