State transportation officials and three private contractors are headed to court after Massachusetts’ attorney general filed a lawsuit last Friday accusing them of repeatedly breaking environmental rules during demolition and reconstruction of a bridge just outside Boston. The complaint says workers and nearby residents were exposed to asbestos and other hazardous materials, allegedly putting them at greater risk of mesothelioma and other serious illnesses. The filing asks a judge to levy penalties and force the project into full compliance with state environmental regulations.
The suit names the Massachusetts Department of Transportation, general contractor SPS New England, environmental consultant Axiom Partners Inc., and Atlantic Coast Dismantling LLC, according to Law360. The outlet reports that the complaint attaches documents alleging "numerous and repeated" violations and that the attorney general is seeking both injunctive relief and civil penalties.
What the complaint alleges
According to Mesothelioma.net, the attorney general contends MassDOT and its contractors mischaracterized the demolition and soil work in order to sidestep MassDEP oversight, even as substantially more soil and debris were removed than originally disclosed. The complaint says the soil was suspected to contain asbestos along with oil, arsenic, lead, and mercury, and that contaminated material was temporarily stored near apartment buildings, a shopping center, and a hotel before being trucked to a disposal facility south of Boston.
The attorney general is asking the court for substantial financial penalties and an order requiring the defendants to comply with state environmental regulations, Law360 reports. The complaint alleges that the mischaracterization allowed the project to move forward under a streamlined process with minimal supervision, which in turn increased the risk of asbestos fiber being released.
Asbestos risk and enforcement history
Asbestos exposure is the primary cause of mesothelioma, and public health rules tightly regulate how asbestos and contaminated soils must be handled. The Attorney General’s Office has repeatedly used the Massachusetts Clean Air Act and asbestos regulations to bring enforcement actions and secure penalties and corrective measures in recent years, according to the Massachusetts Attorney General’s Office.
Environmental justice concerns
The complaint says the communities most affected were "underserved communities already bearing significant environmental burdens," according to Mesothelioma.net. "By mischaracterizing the work that they were performing, MassDOT and SPS avoided the oversight and requirements," the filing quoted in that coverage states.
Legal implications
If the court finds violations, the defendants could be ordered to pay civil penalties under the Clean Air Act and to remediate contaminated soils and change disposal and monitoring practices, remedies the Attorney General's Office has pursued in prior cases, according to the Attorney General's Office. Those outcomes can include money paid into environmental justice funds and court-ordered injunctive relief intended to protect workers and nearby residents.
The case will now move through state court, where the defendants will have an opportunity to respond and a judge will set a schedule for hearings and discovery. We will monitor court filings and agency statements and update this story as new documents and responses become available.
