In a groundbreaking move, the U.S. Attorney's Office for the Eastern District of Pennsylvania has filed criminal charges against the School District of Philadelphia, citing failures in the inspection, remediation, and reporting of damaged asbestos across multiple city schools. This marks the first time that a school district faces criminal charges for environmental violations under the Asbestos Hazard Emergency Response Act (AHERA), and it's the inaugural instance of a public entity being prosecuted under these terms.
According to the official statement from the U.S. Attorney’s Office, a five-year investigation has brought to light the extent of these infractions. The School District of Philadelphia, responsible for approximately 339 buildings, nearly 300 of them containing known asbestos, has entered a deferred prosecution agreement (DPA). This agreement is still subject to judicial review and approval but lays out the significant judicial oversight and accountability the district will face over the coming years.
Federal law mandates strict monitoring of asbestos in schools due to the potential health risks it poses. Once a favored construction material for its fire retardant qualities, damaged or disturbed asbestos can release airborne particles that can lodge in lung tissue, leading to severe diseases like asbestosis and mesothelioma. The DPA, which includes specific facts about the school district's failures, details 61 instances of how this widespread problem was mismanaged, potentially endangering students, teachers, and staff.
“This deferred prosecution agreement, if approved, affords the government the highest available level of prosecutorial and judicial oversight over the School District of Philadelphia and its efforts to comply with its legal obligations to provide safe schools,” U.S. Attorney Metcalf stated. The terms of the DPA suggest a five-year period of monitoring by the federal court to ensure adherence to the law. The charges detailed in the information filed include seven counts for the failure to conduct three-year inspections at specific schools, and a single count for not performing six-month inspections at one school, highlighting neglect that sometimes resulted in schools closing their doors, according to the same press release.
EPA’s Criminal Investigation Division, which played a crucial role in the investigation, emphasized its commitment to prosecuting environmental law violations. Special Agent in Charge Allison Landsman elaborated that “This resolution requires additional accountability on the School District of Philadelphia to ensure protections are in place to prevent future asbestos exposure.” Prosecution of the case is currently being led by Assistant U.S. Attorney David E. Troyer alongside DOJ Environmental Crimes Section trial attorney Ronald Sarachan, as detailed by the U.S. Attorney’s Office.
