Archive for the ‘Missouri’ Category

Hazelwood, Missouri - The current owners of a former Ford assembly plant is to receive $5 million in tax credits for redevelopment of the former plant.

Located in Hazelwood, Missouri, the former Ford assembly plant has been approved for remediation tax credits worth $5,023,272 from the Missouri Department of Economic Development, approved through the Brownfield Redevelopment Program.

The Hazelwood assembly plant was closed and subsequently sold by the Dearborn, Michigan-based Ford Motor Company in Spring 2006 as part of the company’s plans to downsize some of its facilities. The sale price on the property was estimated to be around $50 million.

Current owners Aviator Business Park LLC plan to convert the former Ford plant, a space of almost 155 acres, into a commercial and industrial complex which will create nearly 300 new jobs. The redevelopment project includes the construction of eleven new buildings with a total of 2.6 million square feet of industrial and commercial space.

The Brownfield Redevelopment Program is designed to offer financial incentives for companies to redevelop old industrial and commercial properties which are contaminated with hazardous substances.

The former Ford assembly plant qualifies for the program’s tax credits due to its contamination with asbestos-containing materials which were used in the plant’s construction and machinery, as well as soil and groundwater chemical contamination.

Asbestos was a common component of construction materials up until the 1980s due to its high fire resistance and other desirable factors.

The substance was so cheap and had so many desirable properties that it was added to thousands of products, including many types of construction materials. Asbestos is therefore present in many residential, commercial, and industrial buildings built before this time.

It is likely that asbestos was heavily used in industrial plants such as the former Ford assembly plant, as the substance was ideal for use in heavy machinery due to its fire resistance.

However, due to the hazards associated with asbestos exposure, many problems associated with its exposure are now arising. Inhalation of asbestos fibers can cause lethal diseases such as asbestosis and mesothelioma due to the chronic inflammation that the fibers cause in the lungs.

These factors make asbestos remediation a costly venture, especially in a facility the size of the former Ford plant. The high costs associated with cleaning up this type of contamination is the main reason behind projects such as the Brownfield Redevelopment Program, which offer tax credits for companies which can then use the money to defray the costs of cleaning up contaminated industrial and commercial sites.

O’Fallon, Missouri – The tax abatement deal that would have allowed the redevelopment of a toxic waste dump laden with asbestos into a new residential development illustrates just how tricky asbestos issues can be.

Only a few days ago, it looked like a done deal, but now, concerns over the asbestos present on the site, and about the terms of the deal, mean that O’Fallon’s mayor may veto.

The twenty acre proposed development site, which had accommodated a trailer park from the 1960s until 2007, is currently vacant. The Highland Homes development company plans to build a $38.5 million housing and retail complex called Highland Terrace on the polluted site.

The building was demolished in 2007. During the demolition workers discovered an illegal dumping ground that contained hypodermic needles, asbestos waste, broken appliances, car parts, and other waste.

The results of an environmental study that was carried out suggest approximately 34,000 tons of asbestos-containing waste is present on the site. All of the asbestos must be removed, sealed according to regulations, and disposed of at a site that can deal with asbestos waste safely.

Cleaning up the site, which is contaminated with asbestos and other pollutants, will have an estimated cost of at least $2.2 million. The city of O’Fallon has agreed to reimburse the $2.2 million to the developers. The money is expected to come from property taxes.

Highland Homes also asked the city to declare the contaminated site as a “blighted area,” to allow the company to qualify for thirteen years’ worth of property tax abatement, according to Missouri’s urban redevelopment law.

On Thursday April 10 the City Council voted 5-2 to declare the site as a blighted area, and allow Highland Homes to qualify for the property tax abatement.

However, Mayor Donna Morrow says she plans to veto the deal due to concerns over an asbestos clean-up issue. City Attorney Kevin O’Keefe says the proposal doesn’t include a plan for asbestos clean-up, and doesn’t include a clause to revoke the development company’s tax abatement privileges if the development project isn’t completed. In addition, O’Keefe also says that the law allows only ten years’ worth of abatement, rather than the 13 years the development company asked for.

Another city official, Pierce Conley, who cast one of the two dissenting votes for the tax abatement deal, is concerned because Highland Housing hasn’t provided any documentation to prove their claims that 34,000 tons of asbestos contaminate the site.

O’Fallon, Missouri – Plans to redevelop the site of a former trailer park into an eco-friendly housing redevelopment will now go ahead, thanks to last minute changes to a tax abatement deal.

The development company, Highland Homes, plans to build a $38.5 million housing and retail complex on the polluted O’Fallon, Missouri site. The development will be called Highland Terrace.

Once completed, Highland Terrace will incorporate eco-friendly design features, such as the use of recycled building materials and energy-saving appliances, heating, and lighting.

The housing complex, when finished, will include around 240 condos, each at an average cost of $155,000. A strip of fifteen retail stores will also be added.

The twenty acre proposed development site, which had accommodated a trailer park from the 1960s until 2007, is currently vacant.

During the demolition workers discovered an illegal dumping ground that contained hypodermic needles, asbestos waste, broken appliances, car parts, and other waste.

The results of an environmental study that was carried out suggest there is approximately 34,000 tons of asbestos-containing waste present on the site, all of which must be removed, sealed according to all applicable regulations, and then disposed of at a site that is equipped to deal with asbestos waste safely.

Cleaning up the site, which is contaminated with asbestos and other pollutants, will have an estimated cost of at least $2.2 million. The city of O’Fallon has agreed to reimburse the $2.2 million to the developers. The money is expected to come from property taxes.

Highland Homes also asked the city to declare the contaminated site as a “blighted area,” to allow the company to qualify for thirteen years’ worth of property tax abatement, according to Missouri’s urban redevelopment law.

On Thursday April 10 the City Council voted 5-2 to declare the site as a blighted area, and allow Highland Homes to qualify for the property tax abatement.

According to O’Fallon’s Mayor, Donna Morrow, a tax deal such as this one—for a primarily residential development—is the first of its kind in the history of the county.

However, the redevelopment plans have not yet been approved: the council is concerned that the plans do not include a method of guaranteeing that the asbestos clean-up will take place. The council will consider the plan at the next meeting on April 24.

March 21, 2008, Madison County, Illinois – Over the past few years, asbestos cases had dropped off in Madison County. This week, however, that all changed, as twenty asbestos-related lawsuits were filed between March 13 and March 18.

That’s a total of 1,036 summonses being sent to defendants in the suits, and a total of $129,997 in fees paid to the Madison County Circuit Clerk’s Office.

March 13

* Marcella Walters (Nebraska) was diagnosed with mesothelioma in 2007 and claims she was exposed to asbestos between 1946 and 1977 while working as a secretary. She also claims she received secondary exposure from her husband’s work clothes.

* The estate of Mary Hazelrigg (Indiana) claims she was exposed during the 1970s while working as a welder’s assistant, and via secondary exposure from her ex-husband’s clothing. She died in April 2007 after being diagnosed with mesothelioma in October 2006.

* Darrel Henderson (Kansas) claims he has lung cancer that developed as a result of asbestos exposure during his service in the US Navy. He was diagnosed in 2007.

* The estate of Nancy Foster claims her lung cancer developed following asbestos exposure during the 1960s and 1970s while working as a laborer and housekeeper.

* Edward Kronsperger, diagnosed with mesothelioma in January 2008, claims he developed the disease as a result of asbestos exposure while in service to the US Navy.

* The estate of James Price (Tennessee) claims he developed lung cancer as a result of asbestos exposure while working for Texaco, Shell Oil, Amoco, Anheuser-Busch, Chrysler and American Zinc between 1964 and 1993.

March 14

* William Yeager (Missouri) claims his mesothelioma developed following asbestos exposure during his career as a boilermaker.

* Forrest Bateman (Idaho) developed mesothelioma, allegedly following work as a dairy farmer, machinist, and x-ray technician, between 1949 and 1990. He also claims to have suffered secondary exposure from his wife’s work clothes.

* Nina Anderson (Illinois) claims her mesothelioma developed from a mixture of occupational and secondary asbestos exposure from her husband’s work clothes.

* The Estate of Daniel Malcolm claims he died of mesothelioma caused by asbestos exposure that occurred during his career as a teacher and foundry-worker.

March 17

* Larry Marlow (Texas) was diagnosed with mesothelioma in 2007, following a 41 year career working as a laborer.

* The estate of Doyle Clayton claims his mesothelioma developed after working as a machinist between 1956 and 1990.

* The estate of Lois Nisi claims her mesothelioma developed as a result of asbestos exposure that occurred during her 48-year machinist career.

* Gloria LaBargage (California) claims she developed mesothelioma as a result of asbestos exposure that occurred after 1968.

* Roy Brown (Indiana), diagnosed with mesothelioma in 2007, claims his disease results from asbestos exposure during his work as a laborer between 1972 and 1974.

March 18

* John Barringer (Pennsylvania) was diagnosed with mesothelioma in 2007 and claims it’s the result of exposure that may have occurred while in service to the US Navy or during his time as a computer manager in Pennsylvania.

* Dolores Joppa (Arkansas) claims her mesothelioma is the result of both primary and secondary asbestos exposure.

* The estate of Frederick Shuberg claims he died from mesothelioma as a result of asbestos exposure that occurred from 1964 during the deceased’s work as a technician.

* Lawrence Schmidt claims his colon cancer developed as a result working with asbestos during his work as a painter.

* The estate of Charles Lampin, Sr. claims his esophageal cancer occurred as a result of asbestos exposure.

JEFFERSON COUNTY, Missouri - A pipefitter who worked in various refineries in Minnesota has filed a lawsuit naming 52 defendant companies.

Bryan Blevins, a local attorney filed the suit on behalf of Robert T. Booker on February 25 in Jefferson County District Court. The suit filed by Blevins did not indicate whether Booker is suffering from an asbestos related illness or has died of one.

Among the companies named in the suit are Minnesota Mining and Manufacturing, more commonly known as 3M Corporation, A.O. Smith Corporation, Pfizer and Union Carbide Corp. The suit alleges that the 52 defendant companies knowingly and maliciously manufactured and distributed products containing asbestos throughout Jefferson County.

Like many others who worked in plumbing, construction and the steel industry, Booker worked for various area refineries as a pipefitter. During the course of his work, the suit claims, he was exposed to asbestos from products manufactured and distributed by the defendants. Unlike most suits, which rely on claiming that the defendants knew or should have known that the asbestos contained in their products could cause cancers like mesothelioma, Booker’s suit alleges that the companies were negligent in failing to adequately test their products before flooding the markets with dangerous products, and for failing to warn the public and the consumer about the dangers of asbestos exposure.

The suit claims that he suffered from industrial dust diseases caused by breathing the asbestos contained in the products. It invokes the doctrine of strict liability, and states that the products were defective and unreasonably dangerous, and that the defects were “a producing cause of the plaintiff’s injuries and/or death”.

In addition, the suit claims that 3M Corporation and American Optical Corp produced respiratory masks that were defective and did not provide respiratory protection.

Booker’s suit asks compensation for physical pain and suffering, both past and future, mental anguish in the past and future, disfigurement and physical impairment in the past and future, and lost wages, loss of earning capacity and past and future medical expenses.

The suit also asks for punitive damages to be levied against the companies to deter future similar actions by the defendants and other companies.

Booker’s suit does not specifically name the “industrial dust diseases” from which he suffers. Asbestos causes mesothelioma, a rare cancer of the linings of the organs including the lungs, heart and abdominal cavity. It also increases the risk of developing lung cancer, asbestos cancer, esophageal cancer and cancers of the digestive and reproductive systems. In addition to being carcinogenic, asbestos also causes pleural plaques and scarring that can develop into asbestosis, a progressive and invariably fatal disease that causes great pain and kills by encasing the lungs in scar tissue.

JEFFERSON COUNTY, Missouri – In another case of second hand asbestos exposure, Frances Barras is suing DuPont and Union Carbide for more than $30 million.

Barras’ husband worked at the Beaumont DuPont facility, where products made by Union Carbide were regularly used. In addition to the two industrial giants, Barras’ suit also names 8 other companies for a total of ten defendants. It is not unusual for many defendants to be named in asbestos and mesothelioma lawsuits to account for the many different products and sources of exposure which may have caused the injury.

The suit alleges that Frances Barras was exposed to asbestos while washing the work clothes that her husband wore at the refinery from 1957 to 1985. She now suffers from asbestos-related illness, which she claims was the result of inhaling asbestos fibers carried home on her husband’s work clothes.
The suit, which was filed February 11 in Jefferson County District Court, was filed by Barras and six members of her family.

In addition to DuPont and Union Carbide, the suit names Anchor Packing Co., Ingersoll-Rand, Guard-Line and Owens-Illinois.

The suit said that Frances E. Barras was exposed to asbestos fibers and dust emanating from the work clothing, body and hair of her husband, Louis, and that that asbestos originated from the asbestos containing products and machinery sold by the defendants.

The suit alleges that Barras was exposed through doing household duties that included shaking out and laundering her husband’s work clothing, cleaning up the laundry area of their home and changing the washing machine lint filters and traveling in her husband’s work car.

Barras was diagnosed with malignant mesothelioma, a rare cancer that has no other known cause than asbestos exposure. According to the suit, that illness is a direct and proximate result of the negligence of each defendant, who produced and put into the stream of commerce products containing asbestos.
The defendants knew, or should have known that their products were highly harmful to the health and well-being of people, and that the companies named should have foreseen that employees such as Barras would be exposed to asbestos in the course of their work duties. In addition, the suit says, the defendants should have known that asbestos fibers could be carried home on the work clothing of employees, thus endangering family and household members.

In addition to other allegations, the plaintiffs claim DuPont is negligent for the following regarding Frances Barras’ exposure:
- DuPont did not take reasonable precautions to prevent asbestos fibers being transferred from the jobsite to the household
- Failed to provide laundry facilities on site for employee work clothes
- Failed to warn of the dangers of asbestos exposure
- Failed to provide information and instruction about the wearing and care of safe apparel and protective equipment

The Barras family is suing for $15 million in compensation, and an additional $5 millin in punitive damaged, in addition to past and future mental anguish, medical expenses and loss of services.

The suit alleges that the actions of the defendants warrant punitive damages because they engaged in a pattern of intentional wrongful conduct.