United States Attorney David Metcalf has announced criminal charges against the School District of Philadelphia. The charges allege violations of the Asbestos Hazard Emergency Response Act (AHERA) due to failures in inspecting, remediating, and reporting damaged asbestos in several schools.
The case marks a first in the nation where a school district faces criminal charges for such environmental violations. It is also unprecedented for criminal violations under AHERA to be brought against a public entity. A deferred prosecution agreement (DPA) has been reached between the United States and the School District of Philadelphia, pending judicial review and approval.
The investigation leading to these charges spanned five years and involved collaboration between the U.S. Attorney’s Office for the Eastern District of Pennsylvania, the Department of Justice’s Environmental Crimes Section, and the Environmental Protection Agency’s Criminal Investigation Division (EPA-CID).
Federal law mandates that school districts regularly inspect buildings containing asbestos every three years and conduct surveillance inspections every six months. The School District of Philadelphia is accused of failing to meet these requirements at multiple schools, including William Meredith Elementary and Frankford High School.
The DPA outlines 61 specific facts regarding asbestos issues within 31 school buildings from April 2015 to November 2023. In some cases, schools were closed due to severe contamination. The agreement includes federal court monitoring to ensure compliance with legal obligations over approximately five years.
U.S. Attorney Metcalf stated that if approved, “the deferred prosecution agreement affords the government the highest available level of prosecutorial and judicial oversight over the School District of Philadelphia.” Special Agent Allison Landsman emphasized EPA’s commitment to enforcing environmental laws, particularly when they impact students and teachers.
The case was investigated by EPA-CID with Assistant U.S. Attorney David E. Troyer and DOJ trial attorney Ronald Sarachan handling prosecution duties.
