Asbestos Abatement

Members of the firm's Environment and Natural Resources Practice Group have found that clients' questions regarding asbestos-related problems arise most often in connection with transactions and Occupational Safety and Health Act (OSHA) complaints. We have represented property owners, tenants and lenders in all areas related to asbestos identification, abatement, disposal, and management (including development of Operations and Maintenance Plans) for properties located throughout the United States. We provide advice to various companies, including hotels, mining companies, manufacturing facilities and metal plating companies on asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP) requirements triggered by demolition/renovation activities. In addition, we have defended clients against allegations of violating various state asbestos abatement rules.

Sample representations include:

• Supporting property owner during the course of the first total abatement of a major commercial building in Georgia. Working with an architectural engineering firm, we established the commercial relationship between the owner, the abatement contractor and the abatement workers that became the model for current abatement agreements in Georgia, including specifications, air quality monitoring standards and confirmation sampling. The work involved a minimum of disruption to the lessees;
• Identifying a significant asbestos problem in the context of a potential multi-million dollar acquisition in Trinidad and Tobago, in the course of a comprehensive due diligence review on behalf of a large independent power producer. We reviewed and approved the selection of a consultant and the implementation of the asbestos abatement program, including a thorough audit of three power generation plants, asbestos removal and encapsulation; and
• Ongoing representation and defense of manufacturers of respiratory equipment and brake products in asbestos-related litigation filed in Georgia federal and state courts involving hundreds of plaintiffs.