Call us Toll-Free

Weitz & Luxenberg Facebook Weitz & Luxenberg Google Weitz & Luxenberg Twitter Weitz & Luxenberg LinkedIn
English En Français


First Name
Last Name
Home Phone
Work Phone
City and State
Were you diagnosed with Asbestosis? Yes
Were you diagnosed with lung cancer? Yes
Were you diagnosed with Mesothelioma? yes
What is your date of diagnosis?
Additional Comments
Best time to call?

Environmental Administrative Decisions

In re Morton L. Friedman and Schmitt Construction Company

CAA Appeal No. 02-07

Final Decision

Decided February 18, 2004

Regulated Asbestos Containing Material (RACM) in the Calderwood Apartments:

Issues of Fair Notice

Evidence that Linoleum was RACM

Pleading of the Complaint

Before leaving the question of applicability, we also must consider whether evidence concerning Friedman & Schmitt’s renovation activities at the Calderwood Apartments is an independent basis for finding that the Asbestos NESHAP’s notice and work practice standards apply in this case.

Specifically, in addition to the 1,600 square feet of RACM that was removed from Building #2 in August 1997, the evidence in the record also shows that Mr. Schmitt removed a total of 264 square feet of linoleum from three of the Calderwood Apartments in June 1997.

In essence, Friedman & Schmitt argue, and the ALJ held, that the removal of this linoleum from the Calderwood Apartments should not be looked to as satisfying the applicability threshold under the federal Asbestos NESHAP for three independent reasons:

Friedman & Schmitt argue that each building must be viewed as a separate facility and, since the amount of linoleum removed from each building was less than 160 square feet, that their activities did not exceed the threshold at any one facility. Friedman & Schmitt’s Brief at 12-16.

Friedman & Schmitt argue that the record does not show that the linoleum removed from the Calderwood Apartments was RACM.

They argue that the Region’s Complaint did not effectively charge violations based on the activity at the Calderwood Apartments. We reject each of these arguments for the following reasons.

Courtesy of The EPA

Mesothelioma Mesothelioma Home Page
head Mesothelioma: An Overview
kleio The Clock Is Ticking
asbestos Our Toughest Cases
Diagnosis Diagnosis
treatment Symptoms, Stages, Treatment
kleio Latest News
New York Numbers
Mesothelioma couple Real Stories

For legal help anywhere in the U.S. call:

1 - 800 - 476 - 6070

Prior results do not guarantee a similar outcome.


Mesothelioma Lawyer

Asbestos Lawyer

Mesothelioma Treatments

Mesothelioma Treatment

Mesothelioma Diagnosis

Mesothelioma Treatment

View Stats