Criminal Environmental case. The asbestos effects.

 …        1.-SorryI have lost all the morning trying to be accepted in PACER:


   …      “Public Access to Court Electronic Records (PACER) is an electronic public access service that allows users to obtain case and docket information online from federal appellate, district, and bankruptcy courts, and the PACER Case Locator. PACER is provided by the Federal Judiciary in keeping with its commitment to providing public access to court information via a centralized service”.


…         2.-Actually, I am registered, but the system doesn’t accept my account holder name (of VISA). I am sure that I have money, but it was impossible to follow  the process. Actually, for five documents searched every quarter, the service is free (but they ask for your VISA).


Other possibility was V/Lex Global, but this archive only selects the most important sentences of all Courts of USA. So, it was not easy to find a criminal case about  a criminal case of Environmental Law.


In conclusion, I have decided to comment a case selected in EPA web page.


2.-Rai Johnson was convicted of violating the Clear Air Act Asbestos Work Practice Standards and was sentenced to time served -160 days- and two years of supervised release by District Court Judge Richard J.Arcara.


Let me explain that “time served” has this meaning (from Wikipedia):

In criminal law, “time served” describes a sentence where the defendant is credited immediately after the guilty verdict with the time spent in remand awaiting trial. The time is usually subtracted from the sentence, with only the balance being served after the verdict. For example,, the final verdict in the trial of Louise Woodward was that she was guilty, and her sentence was “time served” (in her case 279 days). In this case, this meant she was immediately released.

……In some cases, time served may earn credit at a different rate than regular incarceration. For example, the defendant may get credit for a multiple of the amount of time spent in remand, for example two times, so that two months in remand gives four months’ credit toward the sentence.[1]


 …        3.- The defendant was a  a supervisor at Johnson Contracting of WNY, Inc., an asbestos abatement company that was hired to conduct asbestos abatement activities at six buildings at the Kensington Towers Apartment Complex, located at 1827 Fillmore Avenue in Buffalo. In a pre-abatement asbestos survey, each building at Kensington Towers was found to contain 63,000 square feet of regulated asbestos containing material. The asbestos abatement project lasted from June 2009 to January 2010.

During the asbestos abatement of building A-1, Johnson, and employees working under his direction, violated the Clean Air Act asbestos work practice standards by:

…         (i) failing to adequately wet Regulated Asbestos during stripping and removal operations;

…         (ii) failing to ensure that Regulated Asbestos remained wetted until placed in leak-tight containers; and

…         (iii) causing Regulated Asbestos to be dropped down holes cut through the floors in Building A-1.









Quant a Joan Amenós Álamo

Professor de Dret Administratiu
Aquesta entrada s'ha publicat dins de Environmental Law i etiquetada amb . Afegiu a les adreces d'interès l'enllaç permanent.

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