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Tag: asbestos

  • Phoebe Hearst teacher demands $2.3 million from SCUSD over carpet removal, alleging retaliation

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    A Sacramento teacher is demanding $2.3 million from the Sacramento City Unified School District, alleging discrimination and retaliation after being disciplined for removing carpet from her classroom. KCRA 3 obtained a legal letter from Jeanine Rupert’s attorney, which claims the district discriminated against the long-time Phoebe Hearst Elementary School teacher.The letter describes Rupert’s removal from her class as a “cruel punishment.” Rupert said she tore up dirty, frayed carpet last year after years of complaints, similar to actions taken by two male teachers in their classrooms who removed carpet from their classrooms. She said her classroom, Room 7, was known for being in disarray before she took it over and that she and her father had previously painted its walls without objection. Rupert’s students assisted with the carpet removal by using hammers and a crowbar. She argued that the use of similar tools by students at the school was commonplace, with students using power tools, mowing the school lawn and trimming bushes with shears. In a disciplinary letter, the district labeled the carpet removal as vandalism, stating Rupert put students at risk and caused more than $22,000 in damage. A SCUSD spokesperson previously said that district staff assessed the carpet and determined it was not time for replacement. In a notice sent to Rupert, the district said that after Rupert’s actions the bulk of the cost to repair and replace the flooring, $12,600, was for asbestos removal. The notice said the students weren’t exposed to asbestos.Initially, Rupert offered to repay the district if she was reinstated. Now, she is demanding $2.3 million in damages. She also alleges that the district failed to comply with the federal Asbestos Hazard Emergency Response Act by never notifying her or “district employees generally that there were asbestos hazards in the classrooms.” Some students and their parents have staged walkouts in support of Rupert, who was transferred out of the school. Parents have also served the school board’s president with a recall notice. See more coverage of top California stories here | Download our app | Subscribe to our morning newsletter | Find us on YouTube here and subscribe to our channel

    SACRAMENTO, Calif. —

    A Sacramento teacher is demanding $2.3 million from the Sacramento City Unified School District, alleging discrimination and retaliation after being disciplined for removing carpet from her classroom.

    KCRA 3 obtained a legal letter from Jeanine Rupert’s attorney, which claims the district discriminated against the long-time Phoebe Hearst Elementary School teacher.

    The letter describes Rupert’s removal from her class as a “cruel punishment.”

    Rupert said she tore up dirty, frayed carpet last year after years of complaints, similar to actions taken by two male teachers in their classrooms who removed carpet from their classrooms.

    She said her classroom, Room 7, was known for being in disarray before she took it over and that she and her father had previously painted its walls without objection.

    Rupert’s students assisted with the carpet removal by using hammers and a crowbar. She argued that the use of similar tools by students at the school was commonplace, with students using power tools, mowing the school lawn and trimming bushes with shears.

    In a disciplinary letter, the district labeled the carpet removal as vandalism, stating Rupert put students at risk and caused more than $22,000 in damage.

    A SCUSD spokesperson previously said that district staff assessed the carpet and determined it was not time for replacement. In a notice sent to Rupert, the district said that after Rupert’s actions the bulk of the cost to repair and replace the flooring, $12,600, was for asbestos removal.

    The notice said the students weren’t exposed to asbestos.

    Initially, Rupert offered to repay the district if she was reinstated. Now, she is demanding $2.3 million in damages.

    She also alleges that the district failed to comply with the federal Asbestos Hazard Emergency Response Act by never notifying her or “district employees generally that there were asbestos hazards in the classrooms.”

    Some students and their parents have staged walkouts in support of Rupert, who was transferred out of the school. Parents have also served the school board’s president with a recall notice.

    See more coverage of top California stories here | Download our app | Subscribe to our morning newsletter | Find us on YouTube here and subscribe to our channel

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  • Johnson & Johnson faces claim by 3,000 in U.K. who say asbestos in talcum powder made them sick

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    London — Thousands of people in the United Kingdom have filed a joint legal claim estimated to be worth more than £1 billion ($1.34 billion) against Johnson & Johnson, accusing the U.S. pharmaceutical giant of selling baby powder that it knew was contaminated with carcinogenic asbestos.

    The claim involves more than 3,000 people who developed various forms of cancer and other diseases and is based on internal Johnson & Johnson memos and scientific reports. 

    The company has long fought thousands of similar cases in the United States, and despite winning some appeals, in June last year it agreed to pay $700 million in a nationwide settlement to resolve allegations that it misled customers about the safety of its talcum-based powder products in its marketing. 

    Just last week, a Los Angeles jury ordered the firm to pay $966 million to the family of a woman who died from a form of cancer after using J&J products.

    The U.K. lawsuit, which covers the years 1965 to 2023, claims that Johnson & Johnson, “knew their talc products contained carcinogenic fibres, including asbestos, for more than fifty years and chose to keep it on the market in pursuit of profit.”

    Despite the alleged knowledge of the carcinogens in its products, the firm only took its talcum powder products off shelves in Britain in 2023, the suit alleges, when it switched to a cornstarch based product — three years after doing so in Canada and the U.S.

    “For decades Johnson & Johnson have orchestrated a campaign of denials and subterfuge,” said the claimants’ lead lawyer, Tom Longstaff of KP Law, which has brought the case against J&J and a subsidiary, Kenvue Ltd., before the U.K. High Court. “The facts are clear, contaminated talc contains carcinogenic material and Johnson & Johnson knew the risk to consumers.”

    “The scale of Johnson & Johnson’s corporate wrongdoing is extraordinary, and we will be relentless in holding them to account on behalf of all those who have suffered due to their actions,” Longstaff said.   

    In a statement sent to CBS News on Thursday, Johnson & Johnson said inquiries about the claim “would be best addressed by Kenvue, our former consumer health business, which separated from Johnson & Johnson in August 2023. As a part of that separation, Kenvue retained the responsibility and any purported liability for talc related litigation outside of the United States and Canada.”

    Kenvue told the BBC in a statement that it sympathized “deeply with people living with cancer. We understand that they and their families want answers — that’s why the facts are so important,” adding that the safety of its baby powder was backed by testing by “independent and leading laboratories, universities, and health authorities in the U.K. and around the world” over years.

    The company told BBC that the J&J baby powder “was compliant with any required regulatory standards, did not contain asbestos, and does not cause cancer.”

    Talc is a naturally occurring mineral that is often found together with asbestos during the mining process, which makes eliminating all traces of asbestos from talcum powder difficult.

    The claim alleges people who regularly used Johnson & Johnson talcum powders have developed, and in many cases died from, ovarian cancer, mesothelioma — another form of cancer — uterine fibroids and other diseases.

    “My mother used it and I used it,” 63-year old Siobhan Ryan told CBS News’ news partner network BBC News. “It smelled nice and was soft and lovely. When my babies were born I used it on them. I thought I was doing my best for them … It was such a shock. We just hugged and cried. I couldn’t believe what I was hearing when the doctor told me I had stage-four ovarian cancer.”

    Siobhan, who blames her cancer on Johnson & Johnson’s baby powder, has been through three rounds of chemotherapy, near-fatal sepsis, and major abdominal surgery. Doctors say her cancer is no longer operable.

    “They knew it was contaminated and still they sold it to new mums and their babies,” she said.

    According to the U.K. claim, Johnson & Johnson began in the 1960s to commission scientists to analyze its talc-based products. In 1969, an internal memo stated that until tremolite — one of six types of asbestos — was proven to have no adverse effects, its use should be minimized, and noted that talc could no longer be guaranteed to be safe for babies.

    By the 1980s, it was widely accepted that all forms of asbestos were dangerous and could cause cancer, but Johnson & Johnson — and other firms — successfully lobbied the U.S. Food and Drug Administration to not regulate asbestos content in talc, according to the lawsuit.

    In 2018, the FDA finally began testing talcum powder and other related products for asbestos. A year later, Johnson & Johnson voluntarily withdrew a batch of its powder after the FDA found asbestos fibers in a sample.

    The U.K. claims will be decided by a judge, rather than a jury, at the U.K. High Court’s Manchester Circuit Commercial Court. 

    In a statement issued behalf of Johnson & Johnson, the company said it believes the judge will find that its talc-based powder did not cause cancer.

    Editor’s note: This article has been updated to correct the attribution of the statement from Kenvue Ltd. to BBC News.

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  • Sacramento parents, students protest replacement of teacher over carpet removal

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    Nearly 100 parents and students gathered at Thursday’s Sacramento City Unified School District board meeting to protest the removal of Jeanine Rupert, a sixth-grade teacher at Phoebe A. Hearst Elementary School.The removal comes after an incident at the end of last school year, when Rupert and her students removed old carpeting from her classroom, which may have contained asbestos. “She was removed from the classroom without due process, without cause. And secretly!” James Frazee, a parent at the meeting, said. “This was done on a Friday before a three-day weekend, and told she can’t show up. And this is allegedly over pulling up carpet.”Parents and students spoke in support of Rupert, describing her as an incredible teacher and role model.”I think it’s a horrible loss for our school to lose her,” one student said.”Mrs. Rupert has been the leader. She’s been an absolute joy to the school,” a parent added. “She’s been somebody who’s constantly helping our students, not just in the classroom, but outside the classroom.”Another student expressed deep admiration for their teacher.”I personally think that Mrs. Rupert was just one of the most magical teachers, maybe in the history of the world,” they said.The district claims Rupert was removed after the carpet was taken out, but stated: “The District’s fact-gathering and investigation into the matter were just completed earlier this week. The determination was made that none of the asbestos tiles underneath the classroom carpet had been damaged when students were present. The removal of the carpet did not cause a disturbance that would cause exposure to asbestos.Nonetheless, now that the investigation is complete, District staff will begin the process of reaching out to individual families to reassure them of their student’s safety and provide any necessary support.”Rupert’s father attended the meeting, sharing that his daughter has been devastated by her removal. “She tried to get it replaced for five years, and she decided to take it on her own. She’s torn up. She’s given her life to Phoebe Hearst,” said Tim O’Brien, Rupert’s father.Many families are confused by the district’s handling of the situation. “It blows the mind to think that somebody would be removed for something like that. She has a track record of excellence in the classroom,” one parent said.”I can’t believe that she’s getting fired for one carpet. That doesn’t make any sense to me,” a student added.Community members organized quickly after the district changed Thursday night’s meeting time. Organizers were expected to give public comment at 6 p.m.”It was around 4 o’clock when it was supposed to be at 5,” one attendee said.”It was a complete lack of transparency because it was unclear when we were supposed to be able to come and speak,” another person at the meeting added.The district stated that Rupert was not fired and remains employed, but parents reported receiving an email from Principal Brooke Fahey indicating she has been replaced by another teacher set to start on Sept. 8. The district says, “Mrs. Rupert will be teaching at a different school this year.” KCRA posed multiple follow-up questions to the district regarding the situation, including where Rupert will be teaching, and has yet to hear back. See more coverage of top California stories here | Download our app | Subscribe to our morning newsletter | Find us on YouTube here and subscribe to our channel

    SACRAMENTO, Calif. —

    Nearly 100 parents and students gathered at Thursday’s Sacramento City Unified School District board meeting to protest the removal of Jeanine Rupert, a sixth-grade teacher at Phoebe A. Hearst Elementary School.

    The removal comes after an incident at the end of last school year, when Rupert and her students removed old carpeting from her classroom, which may have contained asbestos.

    “She was removed from the classroom without due process, without cause. And secretly!” James Frazee, a parent at the meeting, said. “This was done on a Friday before a three-day weekend, and told she can’t show up. And this is allegedly over pulling up carpet.”

    Parents and students spoke in support of Rupert, describing her as an incredible teacher and role model.

    “I think it’s a horrible loss for our school to lose her,” one student said.

    “Mrs. Rupert has been the leader. She’s been an absolute joy to the school,” a parent added. “She’s been somebody who’s constantly helping our students, not just in the classroom, but outside the classroom.”

    Another student expressed deep admiration for their teacher.

    “I personally think that Mrs. Rupert was just one of the most magical teachers, maybe in the history of the world,” they said.

    The district claims Rupert was removed after the carpet was taken out, but stated:

    “The District’s fact-gathering and investigation into the matter were just completed earlier this week. The determination was made that none of the asbestos tiles underneath the classroom carpet had been damaged when students were present. The removal of the carpet did not cause a disturbance that would cause exposure to asbestos.

    Nonetheless, now that the investigation is complete, District staff will begin the process of reaching out to individual families to reassure them of their student’s safety and provide any necessary support.”

    Rupert’s father attended the meeting, sharing that his daughter has been devastated by her removal.

    “She tried to get it replaced for five years, and she decided to take it on her own. She’s torn up. She’s given her life to Phoebe Hearst,” said Tim O’Brien, Rupert’s father.

    Many families are confused by the district’s handling of the situation.

    “It blows the mind to think that somebody would be removed for something like that. She has a track record of excellence in the classroom,” one parent said.

    “I can’t believe that she’s getting fired for one carpet. That doesn’t make any sense to me,” a student added.

    Community members organized quickly after the district changed Thursday night’s meeting time. Organizers were expected to give public comment at 6 p.m.

    “It was around 4 o’clock when it was supposed to be at 5,” one attendee said.

    “It was a complete lack of transparency because it was unclear when we were supposed to be able to come and speak,” another person at the meeting added.

    The district stated that Rupert was not fired and remains employed, but parents reported receiving an email from Principal Brooke Fahey indicating she has been replaced by another teacher set to start on Sept. 8.

    The district says, “Mrs. Rupert will be teaching at a different school this year.”

    KCRA posed multiple follow-up questions to the district regarding the situation, including where Rupert will be teaching, and has yet to hear back.

    See more coverage of top California stories here | Download our app | Subscribe to our morning newsletter | Find us on YouTube here and subscribe to our channel

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  • Navy awards $6-million contract for cleanup of World War II hangar in Tustin that burned

    Navy awards $6-million contract for cleanup of World War II hangar in Tustin that burned

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    Navy officials announced this week that a $6-million contract has been awarded to an environmental cleanup firm to remove the debris that were released when an historic 17-story hangar in the city of Tustin caught fire.

    There is no start date yet for the work awarded to ECC Environmental LCC.

    The fire at one of two blimp hangars built in 1942 started Nov. 7 and burned for 24 days. The south hangar was not damaged. The two structures were part of a Marine Corps. air station that closed in 1997. The cause of the fire remains under investigation, according to city officals.

    The Navy has agreed to pay Tustin $11 million toward the cleaning and repairs from the damage caused when fumes and debris from the fire drifted through the city. Tustin officials reported that the cost associated with the recovery may exceed $100 million. As the fire burned, residents feared that ash and debris from the World War II-era hangar contained asbestos.

    Orange County’s top public health officer said Dec. 15 that there “is no concern regarding airborne asbestos” from the fire.

    Residents have been instructed to report debris via a website where they can find regular updates on the hangar cleanup efforts.

    According to a Dec. 20 city update, “certified asbestos consultants and asbestos mitigation teams” had completed 12 residential inspections and mitigations and 12 inspections. A total of 1,144 reports of debris have been filed with the city, with 1,143 inspected and 975 “mitigated and cleared,” according to the report.

    City officials and the Navy said they are bringing down the remaining pieces of the hangar in a joint effort to avoid hazardous materials from further contaminating the city.

    The deconstruction process of the hangar began Dec. 5, according to city officials.

    Certified asbestos consultants and mitigation teams completed inspections of all public right of ways in Tustin as of Dec. 11. All public parks are open, according to a city report.

    The city reported that all 29 Tustin Unified School District schools have been inspected for hazardous debris, including asbestos, and are open. Legacy Magnet Academy, one of the schools closest to the hangars, was the last to reopen, on Wednesday.

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    Roberto Reyes

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  • After 24 days, officials declare Tustin hangar fire 'fully extinguished'

    After 24 days, officials declare Tustin hangar fire 'fully extinguished'

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    Officials in Orange County declared Friday that the Tustin hangar fire is “fully extinguished” after 24 days, calling the blaze “one of the most challenging structure fires in the county’s history.”

    “I am pleased to inform the public that the final hotspot at the Navy Hangar Fire has been extinguished,” Steve Dohman, Orange County’s All-Hazards Incident Management Team incident commander, said in a statement. “With all hotspots now declared out, the work to safely lower the hangar doors can begin, and the Navy can start removing debris from its site.”

    The cause of the fire, which began in the early morning hours of Nov. 7 at the now-defunct Marine Corps Air Station in Tustin, remains under investigation.

    An 80-year-old relic of Orange County’s military history, the massive 17-story wooden hangar became an environmental nightmare as the fire reignited several times, forcing the closure of nearby schools and shuttering residents inside their homes as the blaze released asbestos, lead and other toxins into the air.

    Fire officials at one point determined the safest option was to allow the blaze to burn itself out, afraid that dropping thousands of gallons of water onto the structure would farther spread the debris and toxic particles.

    As of Friday, officials estimated that cleanup of nearby schools, parks, open space and public rights of way was 90% complete and that more than 50% of residential properties have been inspected with 35% cleared.

    Local officials advised residents who are concerned about debris to contact a certified asbestos contractor and their homeowners insurance company.

    “The residents and businesses in the area who have been impacted by this fire now need the full accountability of the Navy and the support of the Governor’s Office and FEMA to help our City and our community financially recover,” Tustin Mayor Austin Lumbard said in a statement.

    The north hangar was one of two massive wooden structures used by the military during World War II and later served as sets for the TV show “Star Trek” and the film “Pearl Harbor.” The hangars once housed military helicopters and blimps armed with machine guns and bombs.

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    Taryn Luna

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  • Neighborhoods get little guidance about toxic risks after massive Tustin hangar fire

    Neighborhoods get little guidance about toxic risks after massive Tustin hangar fire

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    Johnny Schillereff and his wife, Kori, never worried about their home’s proximity to the historic Tustin hangars. If anything, the cavernous wooden structures made the Columbus Square neighborhood where they settled after moving from Newport Beach three years ago even more attractive.

    They’d have family dinners on their front porch and watch the moon illuminate the north hangar, which is visible through the trees that line the neighborhood park across the street. In a slice of Orange County sometimes described as sanitized, the 80-year-old relic of military history lent an aura of nostalgia, evoking a past that predated the region’s orderly planned communities and convenient access to shopping.

    But on Nov. 7, the couple and their 18-year-old son woke to a smoke-filled neighborhood. The towering flames consuming the north hangar were visible from their front door. Ash and debris — later found to contain asbestos — rained down. Some neighbors, worried the fire would reach their homes, used garden hoses to soak their roofs. Others packed up their cars and left.

    Many assumed the fire’s impacts would be short-lived. But the 17-story hangar smoldered for more than a week, and residents have struggled to get information about the fallout on air quality and airborne contaminants, including when debris will be removed from their properties.

    “Our son is completely freaked out over it, so I have to stay calm so that he isn’t afraid,” Kori Schillereff said. “But it’s so difficult finding any information about what we should do. I’m getting most of my information from Nextdoor.”

    On Thursday afternoon, after burning for more than a week, the two massive concrete doors on either side of the north hangar and a sliver of one of the walls were all that remained. What’s left of the building will be demolished; officials have not set a timeline.

    “It’s almost like if you bought a house on a lakefront. You buy the house because you like the vibe of the lake — and the lake just dries up,” Johnny Schillereff said. “This thing is just gone.”

    Even as neighbors mourn the loss of the monumental structure, many are frustrated with how the fire was managed and a lack of clear communication about their exposure and risk level. While the property is owned by the Navy, a mix of government agencies have been involved in the firefight and aftermath, including the Orange County Fire Authority and the South Coast Air Quality Management District.

    “Our biggest frustration overall is that there’s just nobody in charge,” said Jeff Lawrence, who lives in the nearby Columbus Grove neighborhood. “Everything’s just a mess because there’s not coordination and every agency is just independently doing their own thing with no real communication with the community.”

    In the early hours of the fire, officials said there were no concerns about asbestos exposure. But the presence of asbestos and other metals in the World War II-era building has been documented in reports dating back years.

    On the day of the fire, the South Coast Air Quality Management District deployed a mobile monitor to measure for hazardous substances in the air, including lead and arsenic. That day, “for short periods of time” the monitor recorded elevated levels of lead and arsenic inside the smoke plume, according to information posted on the city of Tustin’s website.

    On the second day of the fire, the air quality district placed monitors at four locations near the hangars — Veterans Sports Park, the Orange County Sheriff’s Regional Training Academy, Legacy Magnet Academy and Amalfi Apartments — to test for asbestos. Samples collected Nov. 8-12 showed no asbestos, according to reports.

    In the days that followed, the Navy, city of Tustin, Environmental Protection Agency and air quality district deployed 51 air monitors across a roughly 3.5-mile radius around the hangar. They found particulate matter to be “well below any level of concern,” according to the city.

    But asbestos has been detected in samples of ash and debris collected at Veterans Sports Park and near the hangar. The air quality district wrote the materials “should be considered hazardous and avoided.” As the fire continued to burn, strong Santa Ana winds fueled concerns that contaminated materials could be carried across the county.

    “More systematic sampling is really needed to determine what’s going on at the community level,” said Michael Kleinman, a UC Irvine professor in the Department of Environmental and Occupational Health. This, he added, should include sampling upwind and downwind of the fire and analyzing how the wind may have affected debris movement.

    Asbestos is a mineral fiber that until the 1970s was widely used in building products and insulation materials because of its resistance to heat and corrosion. The material, which has been linked to mesothelioma and other lung cancers, is no longer widely used. However, it’s still found in older buildings, including the hangars, which were built in 1942.

    Asbestos becomes a health hazard when the dust becomes airborne and is inhaled. The fibers can embed in human lungs and cause issues years later. While there’s no safe level of exposure, Kleinman said, “the risk goes up the more you’re exposed with higher doses and with a longer exposure time.”

    On Friday, five members of Congress who represent Orange County sent a letter to the South Coast Air Quality Management District pushing for additional testing on air quality and debris.

    When the fire broke out, parents sent their children to school with the understanding they would be kept indoors because of poor air quality. But amid early confusion, not all schools complied, and at least one parent said his child came home bearing plastic bags of debris from the fire that had blown onto the elementary school campus.

    The Tustin Unified School District later closed all campuses and hired a contractor to clean schools before they reopened. As of Friday, about a dozen campuses remained closed. Still, some parents worry their kids were exposed to asbestos.

    “My daughter has her friend group chats, and the kids talk about cancer now,” Lawrence said. “You don’t really think about that as a topic 10- or 11-year-olds should be discussing on a daily basis.”

    Some residents have paid to get the interiors of their homes tested. One report provided to The Times by a Columbus Square homeowner said asbestos was detected on the kitchen and living room floors.

    On Thursday afternoon, crews dressed in white hazmat suits with respirators walked streets near the hangar collecting debris in trash bags.

    John Avalos, who lives roughly a mile from the hangars, was one of several people who stopped by the site to take photos of what remained. Rain from a day earlier seemed to have extinguished the last remnants of fire.

    “I’ve been taking photos just to see how it’s been progressing, because there have been so many flare-ups,” Avalos said. “It’s really sad.”

    Thursday was the first day since the fire erupted that the Schillereff family felt it was OK to take their long-haired dachshund, Mr. Rogers, out for a walk rather than ferrying him by car to the community dog park. Even so, strolling through the neighborhood park, they wondered just how safe it was.

    “We’re still getting mixed information,” Johnny Schillereff said. “And it’s not very comforting when you go out to walk your dog and there’s still people walking around in hazmat suits picking up debris.”

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    Hannah Fry

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  • Massive Tustin hangar reignites just days after initial blaze spewed asbestos and lead

    Massive Tustin hangar reignites just days after initial blaze spewed asbestos and lead

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    A massive former military hangar that burned in Tustin earlier this week, closing schools over asbestos worries, reignited Saturday night.

    The city of Tustin tweeted that there was “an active flare-up above the north doors of the north hangar” around 5 p.m. Saturday, adding that the Orange County Fire Authority and the Tustin Fire Department were on scene.

    The north hangar was one of two enormous structures on the property, 17 stories high and 1,000 feet long, that were used by the military during World War II and later served as sets for the TV show “Star Trek” and the film “Pearl Harbor.”

    One of those hangars burned last week, creating a spectacle for drivers passing by.

    After air quality experts discovered asbestos at the site, the Tustin Unified School District closed all campuses on Thursday and Friday.

    The city also closed several public parks and canceled a planned Veterans Day celebration over health concerns stemming from possible contamination.

    A note on the Tustin Unified School District’s website on Saturday said that Monday will be a “non-student day” on all campuses and that an environmental consulting firm has been retained to test all schools for contamination stemming from the fire.

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    Jack Dolan

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  • Tustin schools close after asbestos is found in ash from large World War-II hangar fire

    Tustin schools close after asbestos is found in ash from large World War-II hangar fire

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    Local schools were closed and health officials are suggesting Tustin residents stay indoors after officials confirmed asbestos was found in ash and debris emanating from a fire that has destroyed a massive and historic military hangar.

    The alert, from the South Coast Air Quality Management District, or AQMD, came two days after a fire began to engulf one of two World War II-era hangars in the now-defunct Marine Corps Air Station in Tustin, sending large plumes of smoke into the air. Big swaths of the large structure, which reached 17 stories high and 1,000 feet long, collapsed as flames devoured the mostly wooden structure.

    Late Wednesday night, Tustin Unified School District Superintendent Mark Johnson announced concerns about asbestos coming from the fire and prompted school officials to shut down local schools. The decision came after a nighttime conference call with local agencies, including AQMD, Johnson said in an email to parents, which was later posted on the district’s website.

    In the call, health officials confirmed debris in the area tested higher than 1% positive for asbestos.

    “With student and staff safety being our highest priority and in collaboration with the City of Tustin and Orange County Health Care Agency (OCHCA), we made the decision to close all school campuses within Tustin Unified School District,” Johnson wrote. “We apologize for the timing of this email and understand how this greatly impacts students, staff and family.”

    Schools would also remain closed Friday in observance of the Veteran’s Day holiday.

    The decision to close schools came shortly after the AQMD confirmed late Wednesday in a news release the presence of asbestos near the fire.

    “Samples of debris and ash were collected in public areas near the hangar, and results of laboratory testing show the presence of asbestos,” the statement read.

    The agency has also collected air samples in nearby communities to test for air toxics, such as benzene, lead and arsenic. Results for those tests would be available within 24 hours, according to the agency.

    Concerns about the air quality in the nearby community were raised shortly after the fire was first spotted early Tuesday.

    Smoke poured into the sky from the former military base near Warner Avenue and Armstrong Road, which was home to two hangars meant to house blimps during World War II.

    The two hangars in the base housed helicopters and other weapons during the Korean War.

    After the fire tore through the wooden structure for hours, firefighters with the Orange County Fire Authority announced they were pulling back personnel and letting the fire burn through the structure because sections were collapsing, posing a risk for their firefighters.

    To fight the fire, officials at one point deployed 11 engines, five fire trucks and a Chinook helicopter that is normally used to fight brush fires.

    On Wednesday, fire officials said little smoke was still visible, but smoke and ash could still pose a health risk to residents.

    The Orange County Health Care Agency is asking residents to remain indoors, close doors and windows or “seek alternate shelter to reduce exposure to smoke and ash.”

    Residents are also advised not to touch any ash falling from the fire, and to immediately wash any of it off if it falls on their skin, eyes or mouth.

    Parents are asked to wash their children’s toys if they were dirtied with ash, and those who decide to go outside to use N95 or P100 masks for protection.

    On Thursday, county and city officials activated an Emergency Operations Center in response to the fire, air quality concerns, and clean up of the incident. The center has also created a web page to provide the public updates on the fire and impacts.

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    Salvador Hernandez

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  • Clinic in Superfund town submitted 337 false asbestos claims costing government more than $1 million, jury says

    Clinic in Superfund town submitted 337 false asbestos claims costing government more than $1 million, jury says

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    Missoula, Mont. — A federal jury ruled Wednesday that a health clinic in a Montana town where hundreds of people have died from asbestos exposure submitted 337 false asbestos claims that made patients eligible for Medicare and other benefits they shouldn’t have received.

    The seven-person jury said that the fraudulent claims caused more than $1 million in damage to the government.

    The case focused on the Center for Asbestos Related Disease in Libby, Montana. BNSF Railway filed a lawsuit against the clinic under the federal False Claims Act in 2019.

    The railroad company owned by billionaire Warren Buffett is also a defendant in numerous lawsuits over its own role in the town’s contamination. In 2020, Montana’s Supreme Court found BNSF liable for shipping asbestos-tainted vermiculite from a nearby mine through Libby.

    Asbestos Town
    The town of Libby Mont., is shown February  2010.

    Rick Bowmer / AP


     The clinic and its high-profile doctor, Brad Black, have been at the forefront of efforts to help residents of the town, which came to national prominence when it was declared a deadly Superfund site two decades ago.

    The jury’s finding leaves the clinic subject to additional penalties. Under the False Claims Act, the railway could be eligible for 15% to 25% of any amount recovered by the government.

    CARD and its attorneys had denied it made false medical claims on behalf of patients, arguing its diagnoses were in line with requirements of the 2010 Affordable Care Act, which included special provisions for the Libby victims.

    “CARD was doing exactly what the law said,” clinic attorney Tim Bechtold said earlier Wednesday during closing arguments that followed 11 days of testimony.

    BNSF’s lawsuit alleged CARD submitted more than 300 false claims on behalf of patients without getting outside confirmation that they had asbestos-related disease. The company also said 1,369 people received federal benefits with no disease diagnosis.

    Dr. Black and the CARD clinic have certified more than 3,400 people with asbestos-related diseases, according to court documents.

    Asbestos-related diseases can range from a thickening of a person’s lung cavity, hampering breathing, to deadly cancer. Under the 2009 federal health law, victims of asbestos exposure in the Libby area are eligible for taxpayer-funded services including Medicare, housekeeping, travel to medical appointments and disability benefits for those who can’t work.

    Dr. Black is a pediatrician by specialty and has served as the Lincoln County Health Officer. He has previously said the ailments caused by the type of asbestos found in Libby are difficult to detect and can be missed by outside radiologists.

    BNSF attorney Adam Duerk criticized Black’s stated ability to perceive early signs of asbestosis disease that others missed.

    “That’s not the practice of medicine, that’s the practice of roulette,” Duerk said. “When you see it, when you’re certain it’s there, that’s when you diagnose, not before.”

    Former Democratic U.S. Sen. Max Baucus, of Montana, helped craft the Libby provision in the health law. He said in depositions with attorneys that the clinic’s practice of declaring some patients eligible for benefits without confirmation of their condition from a secondary source such as an X-ray was legitimate.

    However, U.S. District Judge Dana Christensen barred Baucus’s statements from the trial, saying it was the court’s role to decide whether the law was followed.

    At least 400 people have been killed by asbestos-related disease in the Libby area, according to health officials. Because of the long latency period for those diseases, symptoms can take decades to develop.

    The tainted vermiculite came from a mine owned by the Maryland-based chemical company W.R. Grace. It polluted the Libby area over decades, including at a BNSF railway yard in the heart of the town of about 3,000 people.

    Cleanup work began in 2000 after media reports of widespread health problems spurred a federal investigation. The EPA years later declared the agency’s first public health emergency in the town. More than $600 million was spent to remove vermiculite from thousands of properties in Libby and surrounding communities.

    Scientists say exposure to even a minuscule amount of asbestos can cause lung problems.

    The case was sealed under court order for two years until the U.S. attorney’s office of Montana declined to intervene. Officials have not given a reason.

    Asbestos-tainted vermiculite was used as construction material in Libby and it remains inside many houses, where it was used as insulation. It was also shipped across the country by BNSF and installed in millions of homes.

    Lawsuits against companies and officials over the contamination in Libby have resulted in large settlements and awards for victims.

    More than 2,000 Montana residents reached settlements with the state totaling $68 million for failing to warn them about the dangers of asbestos exposure. In February 2022, a jury awarded an Oregon man $36.5 million in a lawsuit against W.R. Grace’s insurer.

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  • Indiana’s recycling plant fire is mostly out, but evacuations remain as crews monitor air quality and clear debris from schools and homes | CNN

    Indiana’s recycling plant fire is mostly out, but evacuations remain as crews monitor air quality and clear debris from schools and homes | CNN

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    CNN
     — 

    A fire burning at a recycling plant in Richmond, Indiana, is mostly out, but hundreds remain evacuated from their homes as crews monitor the air for chemicals and collect potentially harmful debris from neighboring schools and homes, officials said Saturday.

    Richmond residents who live within a half a mile radius of the recycling plant – about 2,000 of Richmond’s 35,000 residents – have been under a mandatory evacuation order since Tuesday, when the massive inferno exploded at the plastic-filled recycling plant in Richmond, sending thick, black smoke over the area.

    When they can return home will mainly depend on whether it’s safe to breathe the air in their community. Officials had warned that the smoke the fire spawned was “definitely toxic,” forcing the closure of Richmond public schools for days as the US Environmental Protection Agency performed air sampling and monitoring tests in the area.

    An announcement was initially expected Saturday on when evacuation orders could be lifted, but Richmond city officials later said that no determination had been made. “We have another meeting in the morning to determine the best time to lift the evacuation order,” Mayor Dave Snow said Saturday evening.

    “Unfortunately, we are unable to provide an exact time when evacuation orders will be lifted. As air monitoring results come back from lab testing and they can be analyzed by our health experts, we are hoping to be able to allow residents to return to their homes,” Wayne County Emergency Management Agency officials said Saturday.

    Those downwind from the fire were asked to continue to shelter in place “if they feel they are in danger or find themselves in a smoke plume,” emergency officials said.

    More meetings and data analysis are needed before the evacuation order can be lifted, Richmond Fire Chief Tim Brown told CNN Saturday.

    As for the blaze itself, Brown said firefighters have knocked down 98-99% of the fire at the recycling plant as of Saturday.

    “Right now, there is no plume, there is no product being off-gassed from the fire itself,” Brown told CNN. “What we have coming off of it is mainly a white smoke or some steam. We have no plume. We have a slight wind, which is kind of pushing things out.”

    Inside the facility, there are hot spots and occasional small fires that will continue to smolder for days and produce smoke, soot or the smell of burnt plastic, emergency officials said.

    In the meantime, work is underway to clear debris scattered in the community from the toxic fire.

    Some samples of debris from the area tested positive for asbestos containing materials, Wayne County emergency officials said, citing preliminary tests by the EPA.

    “Because all debris has the potential to contain asbestos, it is important that a trained professional remove all materials suspected to be from the fire,” emergency officials said, asking residents to not disturb or touch any debris they find on their property.

    Asbestos is a naturally occurring, but very toxic, substance that was once widely used for insulation. When inhaled or ingested, asbestos fibers can become trapped in the body, and may eventually cause genetic damage to the body’s cells. Exposure may also cause mesothelioma, a rare and aggressive form of cancer.

    Crews in protective gear began collecting debris from three schools near the fire site on Saturday, including three in Richmond and one school in Ohio.

    Officials said that schools impacted with debris will be cleared first, and then contractors will begin to deploy drones to search rooftops for additional debris, according to the post.

    “After school grounds are cleared, these contractors will begin removing debris from residential properties, parks and/or public areas, and businesses,” city officials say in the post.

    The county said the EPA is bringing in federal contractors to assist with the proper cleanup and removal of visible debris in both Indiana and Ohio.

    A primary health concern to residents is particulate matter, which could cause respiratory problems if inhaled, Christine Stinson, who heads the Wayne County Health Department, previously said.

    At the fire zone’s center, the chemicals hydrogen cyanide, benzene, chlorine, carbon monoxide and volatile organic compounds, or VOCs, were detected, the EPA said Friday. They were not detected outside the evacuation zone, the agency said.

    Potentially harmful VOCs also were found in six air samples, the agency said, without saying where the samples were taken.

    Particulate matter also was found inside and outside the half-mile evacuation zone, as expected, the agency said.

    Additionally, one of two air samples taken a little more than a mile from the fire site detected chrysotile asbestos in debris, an EPA official said Thursday. Also called white asbestos, chrysotile asbestos can cause cancer and is used in products from cement to plastics to textiles.

    As for water quality, testing downstream of the fire site is underway and officials say they have “not found anything of immediate alarm, including any sign of fish kills.”

    Crews did find some ash and loose plastic debris, “but weir booms have been installed and are successfully capturing this material. Likewise, Indiana American Water has also been closely monitoring the drinking water and has reported no unusual readings or results from testing,” Wayne County emergency officials said.

    The cause of the fire remains under investigation and likely won’t be known for weeks, officials said. But local leaders have shared concerns since at least 2019 that the facility had hazards and building code violations, records show.

    The mayor has accused the plant’s owner of ignoring a city order to clean up the property, saying the plant was a fire hazard.

    CNN has sought comment from the plant’s owner, Seth Smith. The attorney who previously represented Smith in a related lawsuit declined to comment.

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