Des Moines, Iowa Area Man Indicted for Role in Illegal Asbestos Removal Project

When federal and state regulations regarding the removal of asbestos materials are not followed, as in this Des Moines, Iowa case, asbestos dusts can become airborne, placing all those who work or live in the area at risk to develop a number of serious illnesses many years after they were exposed.

If your family is facing a loved one’s diagnosis with mesothelioma, asbestos lung cancer or asbestosis, please complete the form on this page for more information about your legal rights.

On February 27, 2010, the U.S. Department of Justice (DOJ) in Des Moines announced that charges had been filed against two men involved in the illegal removal of asbestos-contaminated debris during renovation work at the Equitable Building in downtown Des Moines, Iowa.

The renovation company and his project supervisor were both indicted following a two-year investigation into improper asbestos removal. That investigation, which was conducted jointly by the U.S. Environmental Protection Agency (EPA) and the Iowa Department of Natural Resources (DNR) led to the February 2010 indictments.

The two men will be charged with:

The alleged removal of 87 yards of asbestos-containing materials (ACM) covering the pipes in the building, as well as another 160 square feet of ACM from other areas of the building.
Conducting the alleged asbestos abatement despite the company owner’s prior knowledge of asbestos removal regulations. The company owner had been cited in 2000 for failure to have an area building inspected for ACM prior to renovation.
Alleged removal of asbestos with saws, scrapers, shovels, and wheelbarrows.
Alleged removal of ACM in open containers and allegedly storing ACM at the renovation site in open trash bins.
Allegedly instructing employees to continue to remove ACM on the weekend in an attempt to allegedly conceal the illegal activity.

The two men are also alleged to have had prior knowledge of ACM at the Equitable Building renovation site. After a September 2007 DNR inspection, the men allegedly discussed whether a building plan was still kept in the company offices that would indicate the presence of ACM in the building.

If convicted, the men face a possible prison sentence of five years and/or a $250,000 fine. In addition to the pending criminal charges, the company owner has already agreed to pay a $500,000 fine for the illegal asbestos removal.

Health Risks for Those Who Worked at the Site and Others in the Area
The chilling allegations regarding the transport and disposal of ACM debris in open containers means that all those who performed the work, as well as anyone who lived or worked in the building or even near the renovation site now faces a lifelong risk to develop a number of serious diseases caused by that exposure.

Countless medical studies and research have shown that even those with extremely limited exposure to the dangerous cancer-causing mineral have developed chronic asbestos-related breathing disorders, mesothelioma cancer or lung cancer.

Because there is a 30-40 or more year latency period for asbestos disease, all those with potential exposure will pulmonary testing throughout the lives so any possible asbestos disease can be diagnosed and treated at it’s earliest possible stages.

How Weitz & Luxenberg Can Help
If you or a loved one has been diagnosed with an asbestos-related disease, our lawyers may be able to help you to seek justice for your illness and file a lawsuit on your behalf.

Please complete the form on this page for a free and confidential review of your potential asbestos lawsuit or request a free copy of our asbestos sourcebook. A Weitz & Luxenberg representative will contact you as soon as possible.