A Washington D.C. developer has been sentenced to prison for knowingly exposing workers to dangerous levels of asbestos during a renovation project, federal prosecutors announced. James Powers, 61, received a 20-month prison sentence followed by 36 months of supervised release for violating the Clean Air Act. The case highlights a pattern of reckless disregard for worker safety and environmental regulations during the redevelopment of the historic Friendship House into luxury condominiums, known as The Maples, located at 619 D Street SE.
According to court documents, Powers purchased the property in 2010 with a partner and was immediately alerted to the presence of asbestos through a comprehensive survey. The survey identified asbestos in floor tiles, wallboard, and pipe insulation throughout the building. Despite this knowledge, Powers deliberately contracted with Larry Miller, an Atlanta-based general contractor with no asbestos abatement training or certification, to begin interior demolition in August 2011. The contract explicitly excluded asbestos removal, yet Powers assured his partners that a qualified abatement firm would handle the hazardous material – a claim prosecutors proved to be false.
Powers attempted to mislead his partners by presenting a fraudulent asbestos abatement contract from a shell corporation he controlled, designed to appear as a legitimate third-party contractor. Meanwhile, Miller and his crew proceeded with demolition, unknowingly disturbing significant quantities of asbestos and exposing themselves to the risk of developing debilitating and potentially fatal respiratory illnesses, including lung cancer, asbestosis, and mesothelioma. Prosecutors emphasized that there is no known safe level of asbestos exposure.
The deception continued even after a local environmental authority inspection revealed the presence of asbestos on the site. Powers allegedly instructed Miller to continue demolition work, further exacerbating the danger. Furthermore, Powers failed to disclose the presence of asbestos in the construction debris, leading to its improper disposal at a landfill not equipped to handle such hazardous waste. This failure compounded the environmental and health risks associated with the project.
The situation was eventually rectified with a professional asbestos abatement conducted *after* the illegal demolition, with subsequent inspections by the D.C. Department of the Environment confirming the property was finally free of asbestos-containing materials. However, the damage – and the potential long-term health consequences for the workers involved – had already been done. Miller previously pleaded guilty to negligent endangerment under the Clean Air Act in November 2015 and was sentenced to 24 months of probation and 200 hours of community service in May 2017.
Powers’ sentencing serves as a stark warning to developers and contractors who prioritize profit over the safety of workers and the environment. The Environmental Protection Agency’s Criminal Investigation Division led the investigation, demonstrating the agency’s commitment to vigorously prosecuting violations of environmental laws. The case underscores the critical importance of adhering to strict protocols for asbestos abatement, a material known for its devastating health effects.
Key Facts
- Defendant: James Powers
- Crime: Failure to properly remove asbestos prior to renovation, violating the Clean Air Act.
- Location: Washington, D.C.
- Year: 2017 (sentence handed down)
- Statutes Violated: 42 U.S.C. 7413(c)(4), 42 U.S.C. 7413(c)(1)
- Penalties: 20 months imprisonment, 36 months supervised release, 250 hours community service.
- Co-Defendant: Larry Miller, sentenced to 24 months probation and 200 hours of community service.
- Property: Friendship House (The Maples) – 619 D Street SE, Washington, D.C.
Source: EPA ECHO Enforcement Case Database
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