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Families for Asbestos Compliance, Testing & Safety v. St. Louis, City of

ELR Citation: 38 ELR 20252
Nos. No. 05-719, (E.D. Mo., 09/15/2008)

A district court held that a city violated the Clean Air Act (CAA) when it demolished 99 asbestos-containing buildings in connection with an airport expansion project, thereby exposing nearby residents to dangerous levels of asbestos. The national emission standards for asbestos apply to the single-family residences at the airport expansion site, and the city's use of the wet demolition method to demolish structurally sound buildings violated those standards. The fact that it received approval from the county and the U.S. Environmental Protection Agency does not shield the city from liability. In addition, the advocacy group that filed suit against the city demonstrated that a possibility exists that there is asbestos contamination at the site that may pose a future risk of harm. The court, therefore, denied the city's motion for summary judgment on the group's Resource Conservation and Recovery Act claim.