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Asbestec Construction Services, Inc. v. United States Environmental Protection Agency

849 F.2d 765 (1988)

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Asbestec Construction Services, Inc. v. United States Environmental Protection Agency

United States Court of Appeals for the Second Circuit
849 F.2d 765 (1988)

Facts

Asbestec Construction Services, Inc. (Asbestec) (plaintiff) was an asbestos-abatement contractor. The Environmental Protection Agency (EPA) regulations require that friable asbestos material, which is dry and can be crumbled by hand, must be wetted during removal. During one of Asbestec’s asbestos-removal projects, a United States EPA (defendant) investigation revealed that the asbestos at the project site was highly friable and not adequately wetted. Following the investigation, the EPA issued the compliance order based on a violation of 42 U.S.C. § 7412, the national emission standards for hazardous air pollutants. The EPA order also required Asbestec and the company where the friable asbestos was located to identify all significant removal projects performed since a particular time and required future compliance in all asbestos-abatement projects. The order also stated that failure to comply might result in an EPA court action for relief and that the recipient could request a conference with the EPA within 10 days of receipt. Asbestec had such a conference and petitioned for a review of the EPA compliance order.

Rule of Law

Issue

Holding and Reasoning (Cardamone, J.)

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Casebooks

Environmental Law

Key Terms