South Carolina Man Sentenced for Knowing Endangerment by Release of Asbestos

United States Attorney Bill Nettles stated today that Scott William Farmer, age 37, of Anderson, South Carolina was sentenced Tuesday in federal court in Spartanburg, South Carolina, for Knowing Endangerment by Release of Asbestos, a violation of 42 U.S.C. § 7413(c)(5). United States District Judge Mary Geiger Lewis of Spartanburg sentenced Farmer to 41 months imprisonment and 3 years supervised release.

Evidence presented at the change of plea hearing established that between November 2012 and April 2013, Farmer and others working for Farmer demolished portions of Haynsworth Mill, located at 2115 McDuffie Street, Anderson, SC, in order to sell scrap metal from the building. The materials in the building contained hazardous levels of asbestos. Farmer was repeatedly warned by South Carolina Department of Health and Environmental Control to stop his demolition efforts because of the danger. Farmer continued tearing down the building and failed to take required precautions to safeguard his workers, individuals to whom he sold the metal from the Mill, and the public. On March 14, 2013, an Emergency Order was issued against Farmer to cease all activities on the site due to the hazardous levels of asbestos. In April of 2013, DHEC inspectors again located Farmer and another conducting demolition work on the contaminated site.

"Exposure to asbestos can cause serious health problems and in some cases may prove fatal,” said Maureen O’Mara, Special Agent in Charge of EPA’s criminal enforcement program in South Carolina. “The defendant’s actions threatened not only the environment but the safety of his workers and the surrounding community. EPA and its law enforcement counterparts take seriously our obligation to investigate these violations and prosecute to protect the public's well-being." United States Bill Nettles stated, "The United States Attorney's Office is committed to protecting the citizens of South Carolina and our natural resources from hazardous pollutants such as asbestos. Our office will continue to prioritize the environmental work we do with both federal and state agencies, to ensure that our state is protected and others are deterred from breaking the law.."

The case was investigated by agents of the Environmental Protection Agency and Department of Health and Environmental Control of South Carolina. Assistant United States Attorney Jamie Lea Schoen of the Greenville office prosecuted the case.

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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

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New York City to provide lawyers for poor immigrants facing deportation

While some states have established restrictive procedures against immigrants not in status with US immigration laws, New York City has taken an opposite stance. Today's post is shared from jurist.com

New York lawmakers have approved funding for a program to provide lawyers to indigent residents facing deportation hearings. The New York Immigrant Family Unity Project [Bronx Defenders backgrounder] was created last year but was only funded at $500,000. Wednesday's vote by the New York City Council expands funding to $4.9 million [press release] to greatly expand the program. While defendants in the criminal justice system have the right to an attorney, there is no such right for individuals facing a complicated immigration legal system. This is the first program of its kind in the US [AP report]. Also this week, the New York Council approved a measure to provide identification cards [press release] to all city residents, including those in the country illegally.

In the absence of federal immigration reform, state governments have continued to enact various measures. Last week a Montana judge struck down [JURIST report] most of a voter-approved immigration law that required government officials to check the immigration status of anyone applying for state services. Earlier this month Florida Governor Rick Scott signed a law [JURIST report] allowing undocumented students to receive in-state tuition, joining 16 other states already allowing this. In March South Carolina announced...

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Ronald Motley's Legacy Continues

Today's post was shared by Linda Reinstein and comes from www.asbestosdiseaseawareness.org

Earlier this year, Ronald Motley, a South Carolina lawyer, who spearheaded lawsuits against big tobacco and asbestos industries passed away at the age of 68. Mr. Motley was a one-of-a-kind attorney and tireless advocate who, for so many decades, made such a huge difference in the lives of asbestos victims and their families. Today, his legacy proves to continue to have a lasting impact. Today, on what would have been Motley Rice LLC co-founder Ronald Motley’s 69th birthday, it was announced that the firm placed on The National Law Journal’s 2013 Plaintiff’s Hot List. ADAO will continue to honor Mr. Motley’s legacy and his firm’s commitment to truth and justice as we continue our work to help asbestos victims in the United States, Canada, and the world. Together, change is possible. Linda Reinstein

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'Flurry' Of New Reports Show Wide Variations On Insurance Rate Costs

Today's post was shared by Kaiser Health News and comes from www.kaiserhealthnews.org

News outlets continue to follow recent studies released by several health policy groups about the expected premiums for plans offered on the new online insurance marketplaces. McClatchy: Studies Show Varying Costs For Coverage Under Obamacare A flurry of new reports from prominent health care research organizations show the cost of individual health coverage under Obamacare will vary widely among states next year, but drastic predictions of premium "sticker shock" have not materialized thus far. New research by the Kaiser Family Foundation, the RAND Corp. and Avalere Health have found competitive, affordable prices for individual coverage in states where the information is available. Those states include Washington, California, Florida, South Carolina and Texas (Pugh, 9/5). Marketplace: New Reports Give Estimated Costs Of Healthcare Reform Plans The health insurance exchanges under the Affordable Care Act open in October. This week some reports are giving new estimates of how much money it will take to get into some of those plans (Hill, 9/5). Huffington Post: Obamacare Premiums Will Vary Widely By State And City: Report Retail prices for health insurance can be considerably different based in part on the cost of health care services where a person lives, even within the same state, the Kaiser Family Foundation reported Wednesday. Premiums also vary based on age, family size and tobacco use. But under Obamacare, prices cannot be based on someone's medical history and patients...

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Carolina Asbestos Textile Industry Risk High Mortality

Image via WikipediaStudies of workers in two US cohorts of asbestos textile workers exposed to chrysotile (North Carolina (NC) and South Carolina (SC)) found increasing risk of lung cancer mortality with cumulative fibre exposure. However, the risk appeared to increase more steeply in SC, possibly due to differences in study methods. The authors conducted pooled analyses of the cohorts and investigated the exposure-disease relationship using uniform cohort inclusion criteria and statistical methods.

Increased rates of lung cancer were significantly associated with cumulative fibre exposure overall and in both the Carolina asbestos-textile cohorts. Previously reported differences in exposure-response between the cohorts do not appear to be related to inclusion criteria or analytical methods.

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Asbestos Used by Brake Workers Linked to Malignant Mesothelioma

A recent study published in the Annals of Occupational Hygiene finds that exposure to chrysotile asbestos fiber manufactured by a friction materials factory, Raybestos Manhattan Inc., was causally to malignant mesothelioma, a rare and fatal disease. This appears to be consistent with the association previously established among Quebec asbestos miners and at a South Carolina asbestos textile factory. 


Raybestos Manhattan formerly had many frictional materials plants in operation throughout the US. One facility was located in Passaic NJ. That plant closed in June of 1975. Hundreds of workers' compensation claims were filed by the former workers who suffered from illnesses as a result of the exposure to asbestos fiber. Claims were also filed against the manufacturers and distributors of asbestos products including the asbestos mines in Quebec. 


Annals of Occupational Hygiene, doi:10.1093/annhyg/meq046 


Click here to read more about asbestos related disease and claims for benefits. For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com  have been representing injured workers and their families who have suffered asbestos related illnesses.