Salvage Project Owner Fined $10M for Asbestos Violations
Sixth Circuit Court has affirmed the sentence and a $10 million fine in a case involving asbestos violations. The court refused to dismiss a 5-year sentence as well as the restitution payment against the owner of a salvage project, who had been charged with polluting a decommissioned plant site with hazardous asbestos. The 3-judge panel ordered that the EPA must be paid for the asbestos cleanup effort.
Mike Sawyer, the owner of the project in question, claimed that he shouldn’t have to pay the $10.4M penalty for covering the asbestos cleanup costs of the 300-acre land which was tainted with asbestos, as the district court ruled that his violation of the Clean Air Act was an “offense against property.” He argued that the EPA can’t be an offense against property because the agency doesn’t own the land in question.
The jury said that his question was an issue of 1st impression in the 6th Circuit, and ruled that though the Environmental Protection Agency didn’t outright own the land, it does make sense for the restitution law to pay the federal agency as it stepped up for cleaning the contamination.
The judging panel said the statute of restitution is intended to compensate certain crime victims, not just for physical injuries, but for solely financial harm also.
Attorneys representing the parties did not comment on the ruling.
What is asbestos and why is it dangerous?
Asbestos is a term used to refer 6 types of minerals occurring in the nature. These minerals are composed of fine, strong, and durable fibers which are resistant to fire, chemicals, heat and electricity. Due to such wonderful properties, asbestos was considered a “miracle mineral” and was added to a variety of commercial products. Now it is widely known that asbestos exposure could cause malignant mesothelioma, a terminal cancer which affects the protective lining of the cavities of lung, chest and abdomen. Exposure to asbestos may also cause catastrophic diseases like lung cancer and asbestosis.
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