Federal prosecutors are bringing an unprecedented wave of criminal charges against property owners and demolition contractors who illegally remove asbestos, with penalties reaching five years in prison and fines up to $250,000 per criminal count.[2]
Executive Summary
Criminal enforcement for illegal asbestos removal has accelerated sharply in 2025–2026.[3] The EPA and Department of Justice are prosecuting not just unscrupulous contractors, but also property owners who cut corners on pre-demolition surveys or knowingly hire unlicensed abatement companies.[1] A December 2025 case charged a nursing home administrator and demolition contractor with criminal violations after workers were exposed to hazardous dust during unauthorized removal of asbestos-containing materials (ACM).[3] Property owners face five years imprisonment per violation, criminal fines up to $250,000 per count, and civil liability from workers and residents who develop mesothelioma or other asbestos-related diseases.[2] Understanding your legal obligations before renovation or demolition is essential to avoid prosecution, liability, and creating new victims.
Maximum prison sentence per Clean Air Act criminal violation
Maximum criminal fine per count for individuals under 18 U.S.C. § 3571
Defendants charged in EPA criminal enforcement cases in FY 2025, the most since 2016
Average settlement in civil cases for exposure during illegal removal of ACM
What Are the Key Facts About Criminal Charges for Illegal Asbestos Removal?
- • NESHAP violations: The Clean Air Act Section 113(c) (42 U.S.C. § 7413) criminalizes knowing violations of asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP), with penalties reaching five years imprisonment per violation.[1][2]
- • Property owner liability: Property owners—not just contractors—can be prosecuted if they knowingly authorize illegal removal or fail to conduct mandatory pre-demolition asbestos surveys.[2]
- • Stacking penalties: Each violation can be charged as a separate criminal count carrying fines up to $250,000 per count under 18 U.S.C. § 3571, in addition to civil penalties of tens of thousands of dollars per day of violation under 42 U.S.C. § 7413(b).[2]
- • Rising DOJ referrals: EPA criminal enforcement charged 156 defendants across all environmental statutes in FY 2025, the most since 2016, and the DOJ continues to actively prosecute asbestos NESHAP cases involving property owners and contractors.[3]
- • Recent prosecutions: Recent cases include nursing home administrators, commercial property owners, and demolition company executives charged with conspiracy, Clean Air Act violations, and false statements to the EPA, facing up to five years imprisonment per count.[3]
- • Public reporting triggers investigations: Workers, neighbors, and disposal site operators can report suspected illegal removal of the substance to the EPA, and the agency states that public reports have led to federal and state enforcement cases.[10]
- • Illegal waste disposal: Illegally removed ACM often ends up in unregulated landfills, creating secondary exposure risk for landfill workers and surrounding communities.
- • Civil damages exceed criminal penalties: Settlements and verdicts in these cases often range from $100,000 to $2+ million per exposed individual, far exceeding criminal fines.[8]
- • OSHA-EPA coordination: OSHA inspections routinely uncover illegal removal; OSHA violations trigger EPA criminal investigation if exposure to the substance is confirmed.[4]
- • State prosecution authority: States can prosecute under state environmental laws, adding charges and penalties on top of federal prosecution.
What Are the Criminal Penalties for Illegal Asbestos Removal?
The Clean Air Act imposes steep criminal penalties for knowingly violating NESHAP standards for the mineral. Here are the primary penalties property owners and contractors face:
Criminal Imprisonment
Anyone who "knowingly violates" Clean Air Act NESHAP regulations under 42 U.S.C. § 7413(c)(1) can be imprisoned for up to five years per violation.2 "Knowing" means the defendant understood the regulatory requirements and deliberately disregarded them—prosecutors do not need to prove intent to harm. Simple negligence is insufficient; however, reckless disregard qualifies.
Criminal Fines
Criminal fines for knowing Clean Air Act violations are governed by 18 U.S.C. § 3571, which allows up to $250,000 per count for individuals and $500,000 per count for organizations. Because each violation can be charged as a separate count, a multi-day illegal removal project can result in stacked penalties reaching hundreds of thousands of dollars in addition to the five-year prison sentence per count.2
Civil Penalties and Remediation Liability
The EPA also assesses civil penalties under 42 U.S.C. § 7413(b) and (d) for administrative violations, with inflation-adjusted amounts reaching tens of thousands of dollars per day of non-compliance. Beyond criminal and civil penalties, defendants are liable for all remediation costs—hiring licensed contractors to properly remove and dispose of the material, air quality testing, and health monitoring for exposed individuals.
"Property owners often assume criminal liability only applies to contractors, but federal law holds the owner accountable. If you own a building and you skip the required ACM inspection, or you knowingly hire an unlicensed abatement company to save money, you are committing a federal crime. I have seen clients receive prison sentences while the contractors plea down. The owner bears final responsibility."
How Does the EPA Enforce Asbestos Removal Regulations?
The EPA enforces NESHAP regulations for the mineral through a multi-layer enforcement approach. Understanding these mechanisms helps property owners recognize what triggers investigation:
Pre-Demolition Surveys and Notification
Federal law requires licensed asbestos inspectors to survey buildings before renovation or demolition. The property owner must notify the EPA in advance of demolition and submit the asbestos survey report. Failure to conduct a survey, or falsifying a survey report (claiming "no asbestos" when it is present), is itself a criminal violation.1
Workplace Inspections by OSHA
When demolition or renovation is underway, OSHA can inspect the worksite for exposure hazards. OSHA inspectors check air samples, worker respiratory equipment, and abatement contractor licensing. If OSHA finds violations, it reports findings to the EPA.4
Waste Disposal Tracking
Licensed landfills and designated disposal facilities are required to track and report ACM waste received. If the material appears at an unlicensed or non-designated waste facility, the EPA investigates the source. Many illegal removals are discovered this way when ACM shows up at the wrong disposal site.
Public Violation Reports
Workers, neighbors, and concerned citizens can report suspected illegal asbestos removal to the EPA through the agency's online violation reporting form or by contacting their regional EPA office. The EPA states that reports from the public have led to state and federal enforcement cases.10
Criminal Referrals to the Department of Justice
When EPA investigation uncovers evidence of intentional or reckless violations, the case is referred to the DOJ for criminal prosecution. Federal prosecutors have specialized environmental crime units dedicated to these environmental cases.
What Recent Criminal Cases Show the Trend?
A landmark December 2025 prosecution illustrates the aggressive enforcement posture: a nursing home administrator and demolition contractor were charged with federal crimes after workers were exposed to the mineral during unauthorized removal of floor tiles and pipe insulation. The investigation revealed:
- No pre-demolition asbestos survey was conducted
- The demolition contractor was not licensed for asbestos abatement
- Workers wore no respiratory protection or containment
- Contaminated waste was transported in unmarked vehicles and dumped at an unauthorized location
- The nursing home administrator signed off on the removal plan knowing it violated EPA standards
The defendants faced charges of conspiracy to impede the EPA and OSHA, Clean Air Act violations, and making false statements. Each defendant faces up to five years imprisonment per count and fines up to $250,000.3 This case exemplifies the trend: prosecutors are targeting not just "bad actors" but ordinary property owners and facility administrators who cut corners.
"Fifteen years ago, EPA enforcement was inconsistent. Today, the Department of Justice treats ACM removal violations as serious federal crimes—equivalent to environmental crimes involving hazardous waste or pollution. The sentencing guidelines have shifted. Property owners and contractors cannot assume they'll receive a fine and a slap on the wrist. Criminal conviction is a realistic outcome."
How Does Illegal Asbestos Removal Affect Mesothelioma Victims?
Criminal prosecution of property owners serves a critical function: it deters illegal removal that creates new mesothelioma cases. Here is how illegal removal directly harms workers and residents:
Airborne Fiber Release
The mineral is dangerous only when fibers become airborne and are inhaled. Licensed abatement contractors use negative pressure containment, wet removal methods, and HEPA filtration to minimize fiber release. Unlicensed workers removing ACM with saws, grinders, and pry bars release millions of fibers into the air—exposing themselves, nearby workers, and residents in adjacent areas.6
Mesothelioma Latency and Liability
Mesothelioma develops 20–50 years after exposure. A worker illegally exposed to the substance in 2026 may develop mesothelioma in 2050. By that time, the property owner may have sold the property, the contractor may be defunct, and the original illegal removal may be forgotten—but the victim has a valid legal claim against any responsible party still in existence.7
Secondary and Tertiary Exposure
Family members of exposed workers (who carry the fibers home on clothing and hair) also develop mesothelioma at elevated rates. Residents in neighboring buildings, visitors during illegal removal, and waste handlers at illegal disposal sites are all at risk.9
Poverty and Medical Bankruptcy
Mesothelioma treatment (surgery, chemotherapy, radiation) costs $300,000–$500,000. Most mesothelioma patients cannot work during treatment. Civil litigation against negligent property owners—and criminal restitution orders—can provide the financial means to pursue aggressive treatment and provide for families.12
"Illegal asbestos removal is not a victimless violation. Every prosecution I have observed has a direct line to people—workers and their families—who will face life-threatening illness decades later. The criminal penalties are proportional to the harm. Property owners who are prosecuted often express regret only after the reality of mesothelioma victims surfaces in their sentencing hearing."
What Should Property Owners Know Before Renovation or Demolition?
If you own or manage a commercial or residential building built before 1980, you are legally required to take specific steps before renovation or demolition. Failure to follow these steps exposes you to criminal and civil liability.
Step 1: Hire a Licensed Asbestos Inspector
Before demolition or any renovation that disturbs building materials, hire an inspector certified by your state to conduct an asbestos survey. The inspector will collect samples from all suspect materials and test them in a laboratory. Request a detailed written report specifying the location, type, and amount of asbestos found.5
Step 2: Notify the EPA in Advance
If asbestos is identified, you must notify the EPA at least 10 working days before demolition (40 CFR 61.145). Submit the survey report, the demolition contractor's name and license, and the abatement contractor's name and credentials. Failure to notify is a federal violation.
Step 3: Hire Licensed Abatement Contractors
Asbestos removal must be performed by a contractor licensed by your state's environmental or health agency. Verify the license directly with your state agency—do not rely on the contractor's word. Request references from past projects and proof of insurance.
Step 4: Obtain Clearance Testing
After abatement is complete, hire an independent air quality testing firm to confirm that fiber levels are below EPA standards (approximately 0.01 fibers per cubic centimeter). Do not permit demolition or renovation to resume until clearance is documented.
Step 5: Document Everything
Keep copies of all survey reports, EPA notifications, contractor licenses, disposal manifests, and clearance test results. This documentation proves compliance and protects you in the event of a later claim or investigation.
What Legal Rights Do Workers and Residents Have?
Individuals exposed to asbestos through illegal removal have multiple legal remedies:
Personal Injury Lawsuits
Workers, residents, and bystanders exposed to illegally removed ACM can file civil lawsuits against the property owner, contractor, and any entity responsible for the exposure. Claims typically allege negligence, premises liability, failure to warn, and violation of environmental laws. Damages can include medical expenses, pain and suffering, lost wages, and punitive damages.
Mesothelioma Settlements and Verdicts
If mesothelioma or another asbestos-related disease develops, victims can file a mesothelioma claim against the defendant property owner's liability insurance, the defendant's personal assets, and asbestos trust funds established by bankrupt manufacturers. Settlements in mesothelioma cases routinely exceed $100,000; verdicts can reach $1–3 million per victim depending on jurisdiction and severity of disease.8
Criminal Restitution Orders
When a property owner is convicted of ACM removal crimes, the sentencing judge can order restitution—direct payment to victims. Restitution orders ensure victims have funds available even if civil litigation takes years to resolve.
Workers' Compensation and VA Benefits
Workers and veterans exposed to asbestos may be eligible for workers' compensation, disability benefits, or Department of Veterans Affairs benefits if the exposure occurred during military service. These benefits are separate from civil litigation and criminal restitution.
How Can You Take the Next Step?
If you own a property that requires renovation or demolition, contact a lawyer experienced in environmental compliance before your project begins. A brief consultation can save you from criminal liability, substantial fines, and the moral injury of creating mesothelioma victims.
If you or a family member was exposed to the mineral through illegal removal and have developed mesothelioma or another fiber-related disease, you have legal rights. The statute of limitations for filing a mesothelioma claim is generally 2–3 years from diagnosis, but varies by state and claim type. Contact a mesothelioma lawyer immediately to understand your options. Our firm has recovered over $300 million for exposure victims, and we offer free case evaluations.
The case evaluation quiz can help determine if you have a valid claim and which mesothelioma attorney in your state can help. If you are eligible, we can also guide you through asbestos trust fund claims, which provide direct compensation regardless of litigation.
"Criminal prosecution of ACM removal violations will continue to accelerate. The Department of Justice has dedicated resources to these cases, and the EPA has refined its investigation and evidence-gathering procedures. Property owners who cut corners are taking a calculated risk with their freedom and finances. The return on compliance—hiring licensed contractors, conducting proper surveys—is infinitely higher than the cost of prosecution, restitution, and civil liability."
References
- 1. U.S. Environmental Protection Agency (EPA). National Emission Standards for Hazardous Air Pollutants (NESHAP) for Asbestos. https://www.epa.gov/asbestos
- 2. U.S. Environmental Protection Agency (EPA). Criminal Provisions of the Clean Air Act, 42 U.S.C. § 7413. https://www.epa.gov/enforcement/criminal-provisions-clean-air-act
- 3. U.S. Department of Justice. Environmental Crimes Bulletin - November and December 2025. https://www.justice.gov/enrd/blog/environmental-crimes-bulletin-november-and-december-2025
- 4. Occupational Safety and Health Administration (OSHA). Asbestos Standards and Enforcement. https://www.osha.gov/asbestos
- 5. OSHA. Asbestos Removal and Abatement Requirements. https://www.osha.gov/asbestos/standards
- 6. Centers for Disease Control and Prevention (CDC). Asbestos Health Effects. Agency for Toxic Substances and Disease Registry. https://www.atsdr.cdc.gov/toxprofiles/tp61.html
- 7. National Cancer Institute. Asbestos Exposure and Cancer Risk. https://www.cancer.gov/about-cancer/causes-prevention/risk/substances/asbestos/asbestos-fact-sheet
- 8. WikiMesothelioma. Asbestos: Properties, Health Risks, and Legal Context. https://wikimesothelioma.com/wiki/Asbestos
- 9. WikiMesothelioma. Occupational Asbestos Exposure Quick Reference. https://wikimesothelioma.com/Occupational_Asbestos_Exposure_Quick_Reference
- 10. U.S. Environmental Protection Agency (EPA). Report an Environmental Violation. https://www.epa.gov/enforcement/report-environmental-violation-general-information
- 11. National Library of Medicine. Asbestos Fiber Release During Demolition: Occupational Health Implications. PubMed Central. https://pubmed.ncbi.nlm.nih.gov/17952796/
- 12. WikiMesothelioma. Mesothelioma Claim Process and Legal Rights. https://wikimesothelioma.com/Mesothelioma_Claim_Process
About the Author
Rod De LlanoFounding Partner at Danziger & De Llano, Princeton graduate with corporate defense background
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