Approximately 31,000 acres of public land in California’s Clear Creek Management Area (CCMA) have been closed to all forms of entry and public use by the U.S. Department of the Interior Bureau of Land Management, based on the results of an Environmental Protection Agency CCMA Asbestos Exposure and Human Health Risk Assessment. The closure order was issued by the Bureau on May 1.

The closure order states, “This closure is necessary to protect public land users from human health risks associated with exposure to airborne asbestos in the CCMA based upon a final report issued by the Environmental Protection Agency that concludes that public use activities could expose an individual to excess lifetime cancer risks. The order will remain in effect while the BLM completes a Resource Management Plan for the CCMA to determine if and how visitor use can occur without associated health risks.”

The risk in this area comes from natural deposits of asbestos. Asbestos is linked to mesothelioma, a deadly lung cancer.

The San Francisco Chronicle, on the SFGate.com web site, quotes Jere Johnson, a project manager with the EPA, as saying, “Frankly, we were surprised at how high the levels of asbestos are at Clear Creek. What we found is that there is a lot of asbestos in the soil, and when you disturb the soil it poses a health risk.”

Chronicle reporter Carolyn Jones says outdoor enthusiasts are not happy about the area’s closing, and are skeptical of the danger. She quotes Don Amador, Western representative for the Blue Ribbon Coalition, an outdoor advocacy group, as saying, “It’s unprecedented, as far as public land issues go. We’re going to want to fight it, either administratively or in court.”

The article says the area will most likely be off-limits for at least a few years, while the Bureau of Land Management completes its own study.

There will be a public meeting tonight at the Santa Clara Convention Center, 5001 Great America Parkway, from 6-9 p.m. There also will be an open house from 3-5 p.m. Additional meetings will be held from 6-8 p.m. May 19 at Veterans’ Memorial Hall, 649 San Benito Street in Hollister; and 6-8 p.m. May 21 at the Martin Luther King Jr. Library, Room 225, 150 E. San Fernando Street, San Jose.

If you live in the area, please let me know if you attend any of these meetings. We will follow this issue and let you know if there are new developments.

Those of us who work to raise awareness about mesothelioma, or who are facing the diagnosis for ourselves or with a loved one, tend to talk about it a lot. We corner people at gatherings and start warning them about the dangers of asbestos, or sharing the latest information about treatments and research. We barely need an opening to start talking about mesothelioma.

But now it’s even easier. MyMeso.org has several items we’d love to share with you that will help open doors to conversation - bracelets, pens and water bottles, all emblazoned with the words “mesothelioma” and “awareness.” We’d be happy to send you some of these to help you talk to other people about the dangers of asbestos exposure and the challenges facing those battling mesothelioma.

You can pretty much always count on seeing me with a bright blue mesothelioma awareness bracelet now. If you don’t see it, it’s probably because I’ve given it away when someone asked me about it, so they will remember to look for information after we’ve parted. I leave meso awareness pens in restaurants, hoping a curious diner after me will steal one and search to find out what it’s all about. I strike up conversations in the gym or at the park when someone sees my water bottle and asks, “what is that about?” It makes it really easy to spread the word!

Now you can help us raise awareness! You can have any of these items for FREE! Just send me an email and let me know what you need and where to send it. We will not share your information or use it for solicitation. We just want to help you help us share the news about this public health issue.

The more people we can educate about mesothelioma and asbestos danger, the closer we will come to securing funding for prevention, research and solutions.

Asbestos concerns have forced the relocation of nearly 150 elementary school-age children from North Kossuth Community School in Bancroft, Iowa. An Associated Press report released on MSNBC today says asbestos levels in one classroom were 10 times greater than what is considered safe, and 1,000 times greater in a second-floor hallway at the school. Asbestos has been linked to mesothelioma cancer and other diseases including asbestosis, a severe scarring of the lungs.

The school was closed Monday after testing revealed the high asbestos levels present in the facility. Students will be relocated to a facility in the nearby community of Swea City, with plans to complete this resume classes Thursday. Students have three weeks remaining in the school year.

According to a story on MidIowaNews.com, the district has been concerned about the school since at least May 4, 2007, when Paul Baer of The Institute for Environmental Assessment sent a memo stating that accoustical ceiling spray on the ceiling of the second floor hallway and classrooms contained asbestos. The news story goes on to say that the memo stated that due to roof leaks beginning in 2002, asbestos was beginning to separate from the plaster and would release asbestos fibers into the air if it fell.

On March 18, 2008, the Fairmont Sentinel, a daily paper that serves southern Minnesota and northern Iowa, reported that concerns were raised at the March 17 school board meeting. North Kossuth Superintendent Mike Landstrum told the Sentinel that an IEA inspector “told me there were some major concerns with health issues.”

Following the meeting, two public hearings were set to address the issue, one on April 7 at Swea City, and one April 14 in Bancroft.

The Sentinel reported that at the Swea City meeting April 7, in a letter to the district, George Rosburg of the IEA stated the water damage, visible leaks and sagging asbestos ceiling spray were “… a serious health & safety concern, and recommends North Kossuth Community Schools consider the asbestos removal and roof repair as a very high priority.”

Until this decision to relocate students, North Kossuth Elementary has been located in space rented from St. John’s Catholic School, a private school located on the same campus. North Kossuth has rented the property since 2002. Because the district leases the building, St. John’s is responsible for maintenance, which would include asbestos removal and other repairs.

North Kossuth’s lease agreement with St. John’s does not expire until 2012.

The Environmental Protection Agency (EPA) requires all public school districts and private schools, known as local education agencies or LEAs, to inspect all school buildings for both friable and nonfriable asbestos; to develop plans to manage asbestos in schools; and to carry out the plans in a timely fashion.

Yesterday I posted the news that federal and state lawsuits have been brought against CBS Broadcasting, Inc., and Planet Toys, Inc., based on the discovery of asbestos in its CSI: Crime Scene Investigation ™ toy fingerprinting kit, and the failure of the manufacturer to recall the product.

Today, I found an update on popular news and media watch site TMZ.com, in which a spokesperson for CBS Consumer Products distances the broadcaster from the toymaker, saying: “We have not been served, so we can not comment on the specifics of the suit. However, independent tests commissioned by Planet Toys and major toy retailers revealed no levels of asbestos in the CSI Fingerprint Kits. Nevertheless, out of an abundance of caution, three months ago we demanded that Planet Toys issue an immediate recall of the product as well as the CSI Field Kit, which also contains fingerprint powders. In addition, we have ended our agreement with Planet Toys for both products.”

As the story yesterday pointed out, it appears that the CSI Fingerprint kits were never recalled.

Public Justice recently filed suit in federal and California state courts against CBS Broadcasting, Inc., Planet Toys, Inc., and several retail manufacturers in response to their production and marketing of CSI toy kits containing asbestos. Asbestos has been linked to mesothelioma, a deadly lung cancer, as well as other cancers, asbestosis and pulmonary fibrosis.

CBS licenses the toy, which is based on its popular CSI: Crime Scene Investigation ™ television program. Planet Toys is the manufacturer.

According to a Public Justice press release, the federal complaint, filed in U.S. District Court in Los Angeles, alleges that CBS and Planet Toys were negligent in their quality control measures and that they promoted the CSI toys although they contained a hazardous and potentially lethal carcinogen.

In November 2007, the Asbestos Disease Awareness Organization (ADAO) released results of a study of a number of products, including the CSI: Crime Scene Investigation ™ Fingerprint Examination Kit. It was found that the CSI toy’s fingerprinting powder contained asbestos. The fingerprinting powder containing asbestos also can be found in related CSI toy kits, the CSI: Crime Scene Investigation ™ Field Kit and the CSI: Crime Scene Investigation ™ Forensic Lab Kit.

The story was covered in the news media, including CNN, in December 2007. On Feb. 21 CNN did a follow-up report and noted that the Planet Toys had not yet issued a recall.

Public Justice reports that in a meeting including representatives from ADAO, CBS and Planet toys in December 2007, CBS and Planet Toys agreed to remove some of the toys from store shelves, and to work with Public Justice to further test the toys. However, Public Justice reports that months later, there has been no joint testing, Planet Toys continues to deny the products contain asbestos, and there has been no recall.

The Public Justice press release quotes Linda Reinstein, executive director of ADAO, who says, “Our pleas for the companies to do the right thing have fallen on deaf ears. It is unacceptable and unnecessary to have asbestos in toys, and especially in powder form, its most dangerous state. Most Americans falsely believe asbestos has been banned, but our recent product testing results prove asbestos remains a threat to public health.”

The federal complaint is a class action suit that asks the defendants to “provide refunds to consumers, pay for asbestos testing of toys that have been opened, and pay for appropriate medical treatment for consumers who have been exposed to asbestos,” according to the release. The state lawsuit “seeks civil penalties for violations of the law, in addition to injunctive relief.

Read the full text of the Public Justice press release here. This site also contains links to the federal and California state complaints.

Public Justice is a membership-supported law firm with more than 3,500 members, comprised of trial lawyers, other attorneys, and public interest advocates worldwide.

ADAO is a nonprofit organization dedicated to the mission of “asbestos awareness, education, advocacy, prevention, support and a cure.”

In international news this week was the support of a ban on asbestos and all asbestos products in South Africa.

News24.com reported, in a story compiled by the South African Press Association, that trade union Solidarity expressed its support for the ban, and called on the government to also amend its asbestos dumping requirements or find alternative options.

The union also said that South Africa “could have followed the example of the rest of the western world and enforced this prohibition years ago,” according to the news story.

A related story published by TransWorldNews on Monday, April 7, stated that “in newly published documents by the Department of Environmental Affairs and Tourism [in South Africa], specific regulations have been introduced upon the use, manufacturing, import, and export of asbestos and asbestos containing materials.”

The report says that while some asbestos containing products, such as existing concrete shingles and ceilings, will not be immediately eradicated, the regulations call for the “phasing out” of such materials.

While the move toward this asbestos ban in South Africa is a positive step, it may be too little too late, according to Robert Jones, an environmental researcher with Rhodes University, who recently completed a study of several areas closest to now-closed asbestos mining sites in South Africa. Jones was a speaker at the recent Asbestos Awareness Day Conference in Detroit, Mich.

“South Africa is blessed with mineral resources – gold, diamonds, platinum,” he said. “And also cursed with mineral resources – asbestos.”

Between 1893-2001, South Africa mined all three types of commercial asbestos and was among the world’s leaders in asbestos mining and use.

Jones surveyed several communities within 2-5 km of the country’s largest asbestos mining sites, encompassing an area of approximately 7,000 square kilometers at each site. Assessment teams were made up of local people in the affected communities, and they targeted areas most suspect for contamination. Teams physically sampled soil and building materials from the locations.

While acknowledging that samples all came from high-risk areas where contamination was expected, the results were still staggering.

75-85% of homes surveyed are contaminated.

47-59% of schools are contaminated

53% of roads are contaminated

In many cases, the soil is blue with visible asbestos dust and clumps of asbestos fibers and minerals. Sports fields and schools are built on contaminated ground, and people build homes with mud bricks made from asbestos-contaminated soil. Some of the population has 24/7 exposure to contaminated soil. The ground is dry, and homeowners sweep bare ground into clouds of dust.

Jones likens the potential future of some of these areas of South Africa to “Libby (Montana) times forty.”

The Associated Press has reported that Monday (April 7, 2008) W.R. Grace & Co. “announced it has reached an agreement to resolve current and future asbestos claims against the company, which would allow it to emerge from bankruptcy without further obligations for asbestos injury.” The settlement is estimated at $3 billion in cash and equity, the AP reports.

W.R. Grace operated the vermiculite mine that is most notably associated with causing asbestos disease, including mesothelioma, in the town of Libby, Montana, affecting generations of residents in that area.

The AP story reports millions of tons of asbestos-contaminated vermiculite ore were shipped from the mine near Libby between 1923 and the early 1990s, reaching more than 250 processing plants across the U.S., where it was used in manufacturing insulation, fireproofing, gardening and other products.

According to the AP report, “Monday’s agreement calls for the company to pay $250 million in cash into a trust fund for asbestos victims, followed by deferred payments of $110 million per year for five years beginning in 2019 and $100 million per year for 10 years beginning in 2024.”

Companies formerly affiliated with Grace, including Sealed Air Corp. and Fresenius Medical Corp., also will contribute to the fund.

When Grace filed for bankruptcy in April 2001, it had been named in 110,000 asbestos personal injury claims. It is not known how many more claims may be filed after the establishment of the trust.

Attorneys representing Libby said settlement amounts for plaintiffs there have yet to be determined, but they expect that each case will depend on the severity of injury resulting from asbestos exposure.

Judge Judith Fitzgerald, who presided over the settlement hearing, must still approve the agreement.

This announcement follows on the heels of an announcement in March that Grace would reimburse the Environmental Protection Agency $250 million for the investigation and asbestos cleanup in Libby.

Read the complete story here, in the Flathead Beacon, which serves Western Montana and the Flathead Valley.

Recently, it has been reported in the news that older vinyl flooring is made with asbestos. A common home repair project is replacing a worn vinyl or linoleum floor. What are the dangers? Should homeowners hire a professional?

There seem to be conflicting opinions on this issue, with some experts saying that removal of vinyl flooring is relatively safe if proper precautions are followed, and others recommending that you call asbestos abatement professionals.

James Carey and Morris Carey, known as the Carey Bros., are nationally-recognized experts on home building and renovation. They share their 55+ years of experience as award-winning, licensed contractors with millions of people nationwide through a weekly radio program and syndicated newspaper column, both titled On The House. You can also find their information on their web site, at www.onthehouse.com.

The Carey Bros. recently addressed this issue. They point out that vinyl flooring usually comes in two forms - tiles and sheeting. They say the tiles are safer to remove because the asbestos is held together by the vinyl during removal.

The brothers report, “Folks licensed in asbestos abatement tell us that removing the floor in large chunks is reasonably safe. However, breaking it into little tiny pieces during the process could be dangerous.”

However, they also acknowledge that no amount of asbestos is considered safe. Research shows that ANY exposure to any amount of asbestos can be dangerous, because even one fiber can be inhaled and imbed itself in the lungs. Asbestos does not leave the body or dissipate over time. Once you are exposed, it is there. It may not necessarily cause asbestos disease, but you are at risk.

According to literature compiled by the Puget Sound Clean Air Agency and the Spokane County Air Pollution Control Authority, homeowners are warned that by removing materials potentially contaminated with asbestos themselves, they are accepting serious health risks.

Also, the Spokane publication points out that homeowners are liable when they choose to remove asbestos containing materials themselves. They note that “Your only legal options in having asbestos removed from your home are to hire a certified asbestos abatement contractor or do the work yourself. The law prohibits you from hiring anyone other than an asbestos abatement contractor to perform asbestos removal work. Family members and friends may participate legally, provided they do so as unpaid volunteers.”

The Puget Sound and Spokane guides are EXCELLENT resources for weighing the risks and options for this type of project. You can download a PDF version of the Vinyl Removal - How-to Manual or Asbestos-Vinyl removal warning documents. These are essential reading prior to starting a project like this.

Also, it is important to check to make sure that your state does not have any special legislation pertaining to asbestos-removal from a private residence. You may want to check with your local Homebuilders Association.

Mesothelioma Victim Wins $20 Million Verdict in Asbestos Lawsuit

SAN FRANCISCO –(BusinessWire)—A Dallas, Texas-based law firm today announced a $20 million civil verdict in an asbestos lawsuit on behalf of Joan Mahoney, 69-year-old victim of mesothelioma, a painful and debilitating form of cancer affecting the lining of the lungs, and Daniel Mahoney, her husband of 42 years. The jury attributed 30 percent of the $20 million liability to defendant Georgia Pacific Corp.

Attorneys represented Joan and Daniel Mahoney before Judge Thomas Mellon in San Francisco County Superior Court.

Mrs. Mahoney, a San Francisco native, spent much of her career in real estate and show business. Her singing career spanned 30 years and took her around the world seven times on USO tours. But it was her work in the part-time family construction business that exposed Mrs. Mahoney to Georgia Pacific’s asbestos-containing joint compound, the suit established. Together, Mrs. Mahoney and her husband, who was also a math teacher, built and remodeled over 200 houses in the 1970s, 1980s and 1990s.

The evidence at trial showed that Georgia Pacific knew from the moment it entered the asbestos business that asbestos exposure causes disease. Years before the Mahoneys first used Georgia Pacific’s asbestos-containing joint compound, Georgia Pacific knew that its product posed a substantial risk to workers.

Not until the government banned certain uses of asbestos in 1977, after the Consumer Product Safety Commission said that exposure to asbestos-containing joint compound for as little as six hours a day, four times per year could result in thousands of people developing cancer, did Georgia Pacific stop selling asbestos containing joint compound.

The damage caused by asbestos exposure can take decades to surface. Mrs. Mahoney was diagnosed with mesothelioma in 2006—35 years after her first exposure to Georgia Pacific’s product. She continues to fight the painful disease that experts say will cause great suffering and eventually kill her.

Published March 12, 2008 in BusinessWire.

A report published recently by the Environmental Working Group (EWG) provides startling and frightening information about the state of asbestos-related disease in the United States today, and its potential for future health issues. A study of official government data reveals an epidemic of asbestos-caused diseases in the United States that claims the life of one out of every 125 American men who die over the age of 50.

Ten thousand Americans die each year - a rate approaching 30 deaths per day - from diseases caused by asbestos, according to a detailed analysis of government mortality records and epidemiological studies by the EWG Action Fund. Asbestos kills thousands more people than skin cancer each year, and nearly the number that are slain in assults with firearms, they found.

Another scary statistic shows that mesothelioma was not tracked as a cause of death by federal health officials until 1999. Prior to that time, the National Center for Health Statistics (NCHS) and National Institute for Occupational Safety and Health (NIOSH) tried to estimate the number of deaths due to malignant mesothelioma by using surrogate measures with tumors related to mesotheliomas.

The report states that scientists now know that estimates of mesothelioma based on surrogate indicators dramatically underestimated the number of deaths due to mesothelioma. The EWG Action Fund found the first year that federal officials began tracking mesothelioma as a distinct cause of death, official mortality more than doubled! In 1998, the last year surrogate indicators were used, the estimated number of mesothelioma deaths was 935. One year later, when malignant mesothelioma was specifically coded as a cause of death, the number of deaths was 2,343.

The EWG also estimates that we may not see the peak in U.S. asbestos disease for another 10 years or more.There was widespread use of asbestos in the United States by the mid-1970s. The EWG estimates that more than 3,000 consumer and industrial products on the market at that time contained asbestos; asbestos product factories were polluting nearby neighborhoods; asbestos workers were heavily exposed on the job and were bringing home substantial amounts of asbestos dust to their wives and children; and asbestos was commonly used in public buildings and workplaces for soundproofing, fireproofing, and insulation.

Awareness of the dangers of asbestos to health didn’t develop until the beginning of the 1980s, and safety measures weren’t implemented across the board even then. Asbestos is still not totally banned today. The EWG points out that it remains heavily used in brake shoes and other products, and millions of people are exposed at home or in their workplace by the monumental quantities of asbestos that remain in the built environment — the attic insulation in 30 million American homes, for instance — following decades of heavy use.Asbestos diseases have a 20 to 50 year latency period, meaning that a substantial portion of individuals exposed in the 1960s and 1970s are just now showing up as disease or mortality statistics.

The magnitude of this public health crisis raises profound questions about the wisdom and fairness of doing anything to cut off any avenue that might provide assistance or protection to the tens of thousands of Americans who become sick and die from asbestos exposure.For more information, visit http://www.reports.ewg.org or http://www.ewg.org.