The Arkansas Department of Energy & Environment – Division of Environmental Quality (DEQ) and a site operator based in North Little Rock, namely, Maly Constructions, LLC (MC), have recently entered into a Consent Administrative Order (CAO). The CAO responds to alleged violations of the Arkansas Asbestos Rule, a troubling development that underscores the ongoing complexities of environmental law enforcement.
As outlined in the public CAO document available at the DEQ, the allegation claims that the MC had demolished or caused to be demolished a structure (“Site”) located in North Little Rock, Arkansas, on or before January 13th. However, it is crucial to note here that this summary is based on an analysis by law firm Mitchell, Williams, Selig, Gates & Woodyard (Details here).
The specific details of the CAO and its summarised version seem to suggest further that the potential impacts of asbestos, and its proper handling, continue to generate legal consequences. It is a pressing concern, particularly for corporations and agencies operating in landscapes vulnerable to asbestos exposure and involved in activities, such as demolition, which might disturb asbestos-containing materials.
This scenario in Arkansas also illustrates the role of regulatory bodies like DEQ in monitoring and enforcing environmental standards, including those related to hazardous substances such as asbestos. A full understanding of such legal repercussions will be crucial for corporate entities and law firms advising them.
The documentation, investigation and legal discourse surrounding this asbestos violationc, in this particular case, highlights the importance for corporations to have a competent compliance program in place. Legal professionals should pay close attention to understanding not just the local and federal asbestos laws, but also the proactive measures that can be taken to avoid any potential legal consequences.