USS Laffey DD-724

The historic U.S. Navy destroyer USS Laffey DD-724 is one step closer to returning to her berth at Patriots Point Naval and Maritime Museum in South Carolina after major repairs to her hull were completed in February 2010.  The Laffey is the last floating Sumner Class destroyer, one of a large class of ships that utilized hundreds of tons of asbestos insulation on board.

Recently, she faced her greatest threat of sinking since enduring ferocious kamikaze attacks during the invasion of Okinawa near the end of the War in the Pacific in 1945.  A 2008 inspection report by the staff at the Patriots Point Museum discovered several significant leaks that caused thousands of gallons of seawater to enter the lower sections of the ship.  Emergency repairs to these hull breaches were made, the water was pumped out and steps for longer term solutions were developed.

A Call to Action

Just as they did before, many Navy veterans and other supporters rallied to save the Laffey.  They donated time and money, lobbied local, state and federal agencies for funds, and volunteered to work on the ship.  Since the museum relies on donations, memberships and visitor revenue to maintain and operate its collection of historic ships, government loans were needed to pay the multi-million dollar cost to repair the hull.  The USS Laffey Association, Tin Can Sailors and other groups organized and publicized this most recent Laffey rescue.

Months of Hard Work Ensures a Solid Future

On August 19, 2009, the USS Laffey was transported to Deyten’s Shipyard in North Charleston, South Carolina and placed in drydock for a comprehensive repair of her hull and damaged compartments.  The restoration effort took nearly five months with crews working around the clock to remove and replace rusted or corroded steel plates and frame members.  She was refloated recently and the museum hopes that the Laffey can return to Patriots Point sometime next year.

USS Laffey Not Alone

Other vessels at the Patriots Point Naval and Maritime Museum including the aircraft carrier USS Yorktown CV-10, Balao Class submarine USS Clamagore SS-343, and Coast Guard cutter USCGC Ingham WHEC-35 have substantial maintenance and repair costs.  Ship museums across the country have similar issues.  The USS Missouri Memorial Association recently completed 18 million dollars worth of restoration to the USS Missouri BB-63 at Pearl Harbor Naval Shipyard.

Preserving a Legacy of Sacrifice

The Navy veterans who served aboard the USS Laffey and other ships as well as the shipyard workers who kept these vessels operating and ready for action deserve to have their contributions and sacrifices honored.  Unfortunately, their legacy includes exposure to asbestos as well as combat duty.  Attorney Gary Galiher, who has represented many Navy veterans and shipyard workers with mesothelioma and other asbestos-related diseases such as lung cancer and asbestosis, has visited the Laffey and other museum ships and submarines to support his clients’ cases.  Gary Galiher says, “These museums are important resources which help bring the realities of being and working aboard ships to life.  People can appreciate better the living and working conditions that may be lacking in a ship plan or blueprint.”

USS Arizona Memorial

On February 16, 2010, an opening ceremony was held at Pearl Harbor for the first phase of the new USS Arizona Memorial Visitor Center, which opened to the public on February 17, 2010.  The project has been divided into two phases.  Phase two is set to open on December 7, 2010 on the 69^th anniversary of the attack on Pearl Harbor.

Background of the USS Arizona Memorial Visitor Center

The original visitor center opened to the public in 1980.  The center was built on soil that had been dredged to expand the Halawa Basin.  Since its opening, the center has sunk nearly 30 inches and the concrete structures have eroded as a result.

The original center was designed and built to accommodate approximately 2,000 visitors; however, since its opening, the center has grown to become one of Hawaii’s largest tourist attractions with over 4,000 visitors a day.

What You Can Look Forward to at the New Visitor Center

The new visitor center has a bookstore that is twice the size of the old one.  It also contains administrative offices, a snack bar, an education and research center, and a central ticketing operation that will allow visitors to easily view other attractions such as the USS Bowfin Museum, the USS Arizona Memorial (renamed the Word War II Valor in the Pacific National Monument), the Pacific Aviation Museum, and the USS Missouri Memorial.

Herb Weatherwax, a survivor of the attacks on Pearl Harbor who attended the opening ceremony on February 16, 2010, stated that the new visitor center was “outstanding.”  Mr. Weatherwax was glad to see that larger bathroom facilities were available, as visitors of the older center were often forced to wait in long lines to use the bathroom facilities.  In addition, the center now has lots of shaded and seating areas for guests.

Phase Two – The Final Stage

Construction on phase two of the visitor center will begin immediately on the grounds of the old center and is estimated to cost a total of $58 million.  The second phase will include exhibits that will go beyond the actual Japanese attacks on Pearl Harbor.  Some exhibits will focus on the events leading up to the war and the results and aftermath of the attacks.

When phase two is complete, the visitor center will have grown nearly twice in size and will sit on an additional six acres, increasing to a total area of 17.4 acres.  The center is expected to open in time for the annual anniversary of the Japanese attack on Pearl Harbor.  The annual ceremony has been held at Kilo Pier; however, this year, the ceremony will return to the back lawn of the visitor center that will be three times larger than the original lawn.

Galiher DeRobertis Ono Continues to Support Navy Veterans

For over 30 years, Galiher DeRobertis Ono has represented U.S. Navy veterans and civilian workers who worked at Pearl Harbor Naval Shipyard during World War II, the Korean Conflict, the Vietnam War, and the Cold War.

Many of our clients were exposed to deadly asbestos while working on ships during overhauls or routine maintenance.  As a result, our clients developed asbestos-related illnesses such as asbestosis, lung cancer, and mesothelioma.

Through our work, we have had the pleasure of meeting many U.S. veterans who have bravely served our country.  We have listened to their stories and have been moved by their dedication and sacrifice.  We are so delighted to see the renewed energy and efforts being poured into this historic center that will surely continue to keep the memory of our brave veterans alive.

The Company executives estimate between 400 to 600 layoffs and 100 to 200 furloughs are possible in the year 2010, but these layoffs will be offset by the need to hire 300 to 400 new engineers and designers.  In addition to working on a surface ship program in conjunction with Northrop Grumman, these new employees will be carrying forward Electric Boat’s tradition of working at the cutting edge of submarine design as they develop the next generation of ballistic missiles.

A Series of “Firsts”

The Electric Boat Company, founded by Isaac Rice in 1899, has been at the forefront of submarine construction since its inception.  The first submarine to be purchased and commissioned into the United States Naval Service was the USS Holland SS-1 built at this shipyard.  The Holland was originally named the Holland VI after its inventor John Philip Holland.  Interestingly, this submarine had many of the design features that appeared in subsequent submarines  in more advanced forms, including an internal combustion engine for surface operation and an electric motor for submerged operation.

The company continued its outstanding service during both world wars.  During World War I, Electric Boat received orders to build 85 submarines for the US Navy and built 74 submarines during World War II.  More than half of the Gato class and many Balao class Submarines were built by Electric Boat Company, including the USS Gato SS-212, USS Darter SS-227, USS Scorpion SS-278, USS Perch SS-313, USS Sealion SS-315, USS Bugara SS-331 and USS Capitaine SS-336.

In 1951 the company received the contract to build the first nuclear-powered submarine, the USS Nautilus SSN-571.  This submarine was christened by then First Lady Mrs. Eisenhower and launched in 1954.  Among her many firsts, the USS Nautilus was the first submarine to reach the geographic North Pole on August 3, 1958 and to go on to complete a submerged transit of the North Pole.

Electric Boat also achieved another first when the first ballistic-missile submarine, the USS George Washington SSBN-589, was built there in 1959.  In July, 1960, this submarine conducted the first Polaris missile launch from a submerged submarine which added significantly to our country’s deterrent forces.

Asbestos Use at Electric Boat Company

The submarines built at Electric Boat from the 1940s through the mid 1970s contained many pounds of asbestos insulating products.  The shipyard workers who constructed these submarines were exposed to the hazards of asbestos on a daily basis.  Submariners who later served on these subs were exposed to asbestos dust generated through the routine operation and maintenance of asbestos-covered equipment, piping and machinery.  These submariners and shipyard workers are at risk of developing mesothelioma and other asbestos-related diseases because of their exposure to asbestos.

USS Flier SS-250

During World War II, the submariners of the U.S. Pacific Fleet  faced great danger.  In fact, nearly 22 percent of submariners were lost in World War II.  Of the 288 submarines deployed in the Atlantic and Pacific, 52 were lost.  All but four were lost in the Pacific war zone.

Today, explorers continue to search for these boats that disappeared.  The various discoveries of these lost or missing vessels have answered many questions about these submarines and, as a result, families who lost loved ones aboard the boats can finally feel a sense of closure.  The USS Flier SS-250 is the fifth U.S. submarine to be discovered since 2005.

A Brief History Of the USS Flier

The USS Flier was laid down on October 30, 1942 and was commissioned on October 18, 1943.  She was a Gato class submarine and was the only boat in the United States Navy to be named after the flier, a well-known round sunfish.

On August 12, 1944, while on her second war patrol to the coast of Indochina, the USS Flier struck a mine and began to sink immediately.  Seventy-eight men died in the tragic incident, and only eight men survived.

Recent Discoveries

In the spring of 2009, a team from YAP Films located the wreckage of USS Flier.  According to the Navy, Mike and Warren Fletcher, a father and son team of divers from the television show Dive Detectives, took the first footage of the submarine and provided it to the Naval History and Heritage Command to confirm the identification.

On February 1, 2010, the U.S. Pacific Fleet submarine force confirmed that the submarine found in the Balabac Strait is the USS Flier that was lost in World War II.  The Balabac Strait is located in the South China Sea between the Philippines and the islands of Borneo.

Galiher DeRobertis Ono Continues to Help U.S. Veterans

Galiher DeRobertis Ono has represented many men who served or worked on submarines during their repairs at Pearl Harbor Naval Shipyard and at other shipyards such as Hunters Point Naval Shipyard, Mare Island and Puget Sound.   Although they did not realize the danger at the time, our clients were exposed to deadly asbestos dust.  Many shipyard workers and U.S. Veterans were put at risk for developing mesothelioma, lung cancer, and other asbestos-related diseases as a result of the toxic asbestos on board.

Through our work, we have had the pleasure of meeting and representing many U.S. Veterans who have served on submarines during WWII, the Vietnam War, the Korean Conflict, and the Cold War.  We have listened to their stories and have been greatly moved by their dedication and sacrifice.  The discovery of the USS Flier in Southeast Asia clearly demonstrates that the brave sailors and their families faced untold hardship as they gave their lives in service of our country.

Pearl Harbor Naval Shipyard

Two of Hawaii’s historic military bases will be merged this year as part of an effort to make the military more efficient by combining 26 installations nationwide.  On February 1, 2010, military officials removed the chain-link fence separating Pearl Harbor Naval Station from Hickam Air Force Base, beginning a process of integration at the new Joint Base Pearl Harbor-Hickam (JBPHH).

The missions of the two neighboring bases will remain separate, as the joint base will continue to service two distinct branches of the Armed Forces.  However, installation management and support services will be combined.  This merger comes as a result of a 2005 report by an independent panel on military bases, which recommended the merger of a number of bases around the country in order to save money on administrative and personnel costs.  These savings will be put to work funding the military operations in Iraq, Afghanistan and elsewhere.

Joint Base Will Encompass Many Historic Sites

Most people are well aware of Pearl Harbor’s historic role in World War II.  More than 1000 sailors lost their lives during the infamous aerial attack on December 7, 1941, which launched the United States’ involvement in the War against the Axis powers.

In addition, Pearl Harbor Naval Shipyard became the hub of maintenance and repair for Navy vessels in the Pacific theater.  Thousands of Navy personnel and civilian shipyard workers toiled bravely to keep our country’s battleships, destroyers, carriers, submarines, and other vessels in fighting shape.  The sacrifices of these brave men and women are memorialized at the USS Arizona Memorial, the Battleship Missouri Memorial, and the USS Bowfin Submarine Museum and Park.

Hickam Air Force Base also played a key role in World War II.  The air station was another major target on December 7, 1941, as the Japanese strafed and bombed the U.S. aircraft there.  The attackers killed 189 people at Hickam, and wounded 303 others.  One of the Hickam barracks still bears the bullet holes from the Japanese machine guns.

Galiher DeRobertis Ono has represented numerous shipyard workers and Navy veterans who were exposed to asbestos on Navy vessels at Pearl Harbor Naval Shipyard.  We have also represented Air Force mechanics and civilian employees at Hickam, who were exposed to asbestos in the buildings or in the aircraft components.  Tragically, these veterans and workers remain at an elevated risk for mesothelioma, lung cancer, and other asbestos-related diseases.

USS Missouri BB-63

The formal grand reopening ceremonies for the historic battleship, USS Missouri BB-63, were held at Pearl Harbor Naval Shipyard on January 30, 2010.  Attendees included Hawaii Governor Linda Lingle, as well as Pearl Harbor Naval Shipyard Commander, Captain Greg Thomas.  This grand reopening capped a month of activities for the historic Mighty Mo.

On January 7, 2010, the Mighty Mo was returned to her home pier near the USS Arizona Memorial on Pearl Harbor’s famous Battleship Row.  The Mighty Mo had spent 12 weeks in dry dock for maintenance and preservation work at Pearl Harbor Naval Shipyard.  The Mighty Mo entered dry dock on October 14, 2009.  The repairs included a fresh repainting, and modern humidity detection equipment was installed as well as such practical improvements as restroom facilities.

Once these repairs were complete, the battleship was towed back to her permanent dock.  During the tow from Pearl Harbor dry dock to Battleship Row, a ceremony was held for personnel from all branches of the armed forces, including the U.S. Air Force.  On January 15, 2010, the Mighty Mo opened to visitors again.

Her Legacies Carry Forward

The Mighty Mo was engraved in history as the site of the Japanese surrender, ending World War II.  Her return to Battleship Row near the USS Arizona Memorial marks the appropriate bookend to the Pacific War.  The Mighty Mo now stands as a museum ship, where visitors can see firsthand the interior of a World War II battleship.

A lesser-known legacy of the USS Missouri was the asbestos exposure by crew members and shipyard workers, which was typical of Navy vessels constructed and overhauled in the 1940s through the 1970s.  For the past 30 years, the Galiher DeRobertis Ono law firm has been proud to have represented not only veterans who served on battleships like the USS Missouri, but also Pearl Harbor Naval Shipyard workers who overhauled these ships over the past half century.  Tragically, these former sailors and shipyard workers are now at an elevated risk for various asbestos-related diseases, such as malignant mesothelioma, lung cancer, and asbestosis.

USS New York

The destruction of the World Trade Centers on September 11, 2001, left behind not only an indelible mark on the hearts and minds of all Americans, but also thousands of tons of construction debris.  But in an act that symbolizes the resiliency of Americans, seven and a half tons of the steel debris from Ground Zero were melted down to make the bow of one of the Navy’s newest ships, the USS New York LPD-21.  This landing platform dock was commissioned last November on the USS Intrepid Sea, Air and Space Museum Pier.

Although State names are ordinarily reserved for submarines, naming the Navy’s new surface ship the USS New York is only fitting.  “This new class of ships will project American power into the far corners of the Earth and support the cause of freedom . . . and will be a fitting tribute to the people of the Empire State,” announced the Secretary of the Navy in September of 2002.  The new ship will honor the victims and heroes of the September 11th attack.

The USS New York made her maiden voyage from New Orleans to New York in October.  Upon her arrival in New York City in early November she paused in front of the World Trade Center site and fired a 21-gun salute to the people of her namesake city and state.

Asbestos Use on Navy Battleships

Among the crowd gathered to celebrate the ship’s commissioning were families of  September 11th victims, first responders to the September 11th attacks, and sailors who had been aboard a former Navy battleship carrying the same name, the USS New York BB-34.  This battleship served in both World Wars and earned three battle stars in World  World II.  Ironically, her keel was laid on September 11, 1911, 90 years to the day the World Trade Centers were attacked.  But there is another connection between the first responders to the World Trade Center disaster and the crew of the battleship USS New York.  Both were exposed to asbestos dust from the  insulation used in the construction of the twin towers and this Navy warship.

World War II vintage battleships contained literally tons of asbestos insulating products.  Asbestos had been used to insulate the machinery and piping throughout every battleship.  The crewmen who served on the  USS New York, including those who attended the commissioning of the Navy’s newest ship, were exposed throughout their service to the asbestos dust generated from this massive amount of asbestos insulation.  Each time this asbestos insulation was disturbed, removed, and replaced during routine operations and maintenance, millions of hazardous asbestos fibers were released into the air.

Asbestos Insulation Sprayed on World Trade Towers

The World Trade Center attacks on September 11th caused the greatest environmental catastrophe in New York City history.  Over 400 tons of asbestos fibers were used in the construction of the World Trade Center and were released into the air when the towers collapsed.  During the construction that began in 1966, the steel beams were heavily coated with a slurry mix of asbestos and cement sprayed on as fireproofing material.  Although the City of New York banned the use of spray-on asbestos in 1971, hundreds of tons of this cancer-causing product had already become part of these towers.  The first responders who raced to the World Trade Center to help the victims of this tragedy were exposed to the airborne asbestos that was released when the towers collapsed.  Many of the people who escaped the towers and those in the vicinity also experienced bystander exposure to this asbestos dust.

At Risk Because of Past Exposure to Asbestos

As they witnessed the historic commissioning of the Navy’s newest ship honoring the victims of the tragic 9/11 attack, the crewmen of the battleship USS New York and the first responders to the World Trade Center were faced with an insidious danger that binds them again.  Both remain at risk of developing asbestosis, lung cancer, and mesothelioma, a rare and fatal cancer, because of their past asbestos exposure.

The stakes are high in the ship breaking industry.  A single ship can be worth $5 million in scrap steal and there are the many subsidiary businesses that thrive on the dismantling of the various parts of the ship, including its furniture, fittings and machinery.  There was a substantial ship breaking business in the U.S., but strict regulations regarding the disposal of hazardous substances have lead some ship owners to circumvent these requirements and send their ships to foreign ship breaking yards.

Reportedly half of the ships from around the world that need to be dismantled end up in Alang, a town in the state of Gujarat, India, known as the center of India’s ship breaking industry.  Significant controversy has surrounded the Alang yards related to the hazardous working conditions, the poor living conditions, and the environmental impact related to the ship breaking industry.  Nevertheless ship owners continue to go to extremes to have their ships dismantled there.

SS Independence Laden With Toxic Materials Reaches Alang

SS Independence in Hawaii

One of the most recent instances involves a well-known luxury liner, the SS Independence that was built in 1951 at the Bethlehem Quincy Shipyard in Massachusetts.  She operated for many decades as a cruise ship and spent the last part of her life sailing in the Hawaiian Islands.  After her owners declared bankruptcy in 2001, she was moth balled in San Francisco Bay at Pier 70.  In February 2008, however, she was towed away amid speculation that she was headed to Alang, India to be dismantled.

Environmental groups that keep a watchful eye on old ships containing hazardous materials did not let this situation go unnoticed.  Claims were made by the Basel Action Network (BAN), an organization that campaigns against the illicit movement of hazardous waste, that this ship never should have been allowed to leave San Francisco because the export of the PCB-ladened ship was illegal under the Toxic Substances Control Act (TSCA).  The 18,500 ton former luxury liner reportedly had 210 tons of PCBs and 250 tons of asbestos as part of its construction materials.

Notwithstanding intervention by the Environmental Protection Agency, the ship ultimately reached Alang under a new name, SS Platinum II.  Claims were made that the ship had reached Alang with a falsified flag and ship registry.  In response to complaints concerning the presence of hazardous materials, the SS Platinum has been left anchored in the harbor while investigations continue to look into into the toxic substances aboard.  Recent reports indicate, however, that the SS Platinum may be allowed into Alang for dismantling, contributing further the hazards associated with the disposal of toxic materials.

High Incidence of Asbestosis in Alang

Although ship breaking may provide much needed jobs in India, these monetary gains come at a very high cost to both workers and the environment.  In South Asia, workers dismantle ships with hand tools and without strict regulations in place to prevent their exposure to hazardous substances, including asbestos.

According to attorney Gary Galiher, who has handled cases involving asbestos-related diseases for over 30 years, the impact is predictable and devastating:

Given the quantities of asbestos incorporated into these ships when they were built, these unprotected workers are being exposed to high quantities of asbestos dust.  We know this will lead to asbestos-related diseases, including asbestosis, lung cancer, and mesothelioma, a rare and fatal lung cancer.  It is a travesty that the western industrial world is exporting the hazards of asbestos to other countries that have yet to put into place the needed protections to ensure workers do not become sick.

A 2006 report by a panel appointed by India’s Supreme Court confirmed what attorney Gary Galiher predicts.  They found that one in six workers at Alang had signs and symptoms of asbestosis, a scarring of the lungs caused by breathing asbestos.  Although the Supreme Court’s report called for reforms in working conditions at Alang, the work at this ship breaking yard goes on.  Shipowners continue to export their asbestos hazards to India and to expose uninformed and unprotected workers to this deadly hazard.

Virginia class submarine

The United States Pacific Fleet Commander Submarine Force announced on January 6, 2010, that Pearl Harbor Naval Station will be the homeport of the Navy’s newest submarine – the USS North Carolina SSN-777.  The USS North Carolina is one of only six Virginia class nuclear attack submarines in the Navy’s Fleet.  The USS North Carolina will join two other Virginia class submarines:  the USS Hawaii SSN-776, and USS Texas SSN-775.  This will make Pearl Harbor homeport to three of the six currently commissioned Virginia class submarines.

The Virginia class is the submarine of the 21st Century.  It is a nuclear powered submarine with unlimited range, armed with Tomahawk cruise missiles and MK-48 torpedoes.  It boasts a complement of 134 officers and crew.  The Virginia class is replacing the Seawolf class which was itself designed to replace the Los Angeles class nuclear submarine (of which 17 of the 62 total have now been decommissioned).  In fact, the famous USS Los Angeles is scheduled to arrive in Los Angeles Harbor tomorrow for a public decommissioning event this Saturday, January 23rd in San Pedro, CA.  Incidentally, the Los Angeles class submarine was featured in the popular novel, The Hunt for Red October by Tom Clancy, which was made into a movie starring Sean Connery.

The Virginia class submarines are being constructed by General Dynamics Electric Boat in Groton, Connecticut and Northrop Grumman Shipbuilding in Newport News, Virginia at a rate of one per year.  From 2011 to 2013, the Navy is expected to increase the annual construction to two per year for economies of scale cost savings.

The Virginia Class Submarines

The Virginia class submarines commissioned to date with their respective homeports are:

• USS Virginia SSN-774, Groton, Connecticut
• USS Texas SSN-775, Pearl Harbor Naval Station, Hawaii
• USS Hawaii SSN-776, Pearl Harbor Naval Station, Hawaii
• USS North Carolina SSN-777, Pearl Harbor Naval Station, Hawaii
• USS New Hampshire SSN-778, Groton, Connecticut

The USS New Mexico SSN-779 is scheduled to be commissioned on March 27, 2010.  Its homeport is yet to be announced.  Other Virginia class submarines in construction are:

• USS Missouri SSN-780
• USS California SSN-781
• USS Mississippi SSN-782
• USS Minnesota SSN-783
• USS North Dakota SSN-784
• USS John Warner SSN-785

These submarines are scheduled to be completed between 2011 and 2015.   An additional six unnamed subs designated “Block III” began construction in 2009.   This will bring the total number of Virginia class submarines to 18.

Pearl Harbor Historically Homeport to Many Navy Submarines

Pearl Harbor has historically been the homeport to a high percentage of the Navy’s submarine fleet.  This is due to Pearl Harbor’s strategic location and the importance submarine warfare first demonstrated in World War II.  Pearl Harbor Naval Shipyard is also one of the few nuclear submarine repair facilities in the United States.

The law firm of Galiher DeRobertis Ono has represented former active duty submariners (both diesel and nuclear submarine service) as well as shipyard workers who were involved in the original construction or repair of diesel and nuclear submarines.  Our clients were exposed to asbestos dust from both direct hands-on exposure (for example, shipyard workers such as marine machinists and machinist mates) and also from bystander exposure such as stewards and cooks assigned to the submarines.  As a result, many of these men developed asbestos-related diseases such as mesothelioma, lung cancer, and asbestosis.

Even a retired Navy captain who had been in charge of construction of nuclear submarines at Hunters Point Naval Shipyard in San Francisco, California was a client of Galiher DeRobertis Ono.  He  developed mesothelioma from his bystander exposure to deadly asbestos dust during the construction process.  Our submariner clients served in a variety of shipyards, including Pearl Harbor Naval Shipyard, Puget Sound Naval Shipyard in Bremerton, Washington, San Diego Naval Station, Hunters Point Naval Shipyard, California, Mare Island Naval Shipyard, California, Newport News Shipyard and Virginia Dry Dock in Virginia and Groton, Connecticut.

Hunters Point Naval Shipyard

For the past decade, the City of San Francisco has been working with the Lennar Corporation to redevelop the Hunters Point Naval Shipyard (HPNSY) into a new residential community.  Unfortunately, these plans have been mired in controversy due to the presence of toxic asbestos dust and other carcinogenic materials at the former Navy shipyard.  Residents of the surrounding neighborhood fear that they may be exposed to asbestos, PCBs, and other harmful substances as a result of construction activities at the site, and there have been a number of serious protests in opposition to the development.  In 2007, Lennar was even sued by two of  its own former executives, who claimed that the company maintained a “code of silence” to discourage employees from raising questions about potential health violations at the site.

On the other hand, state and city officials have long contended that the project is safe.  Both the California Department of Health and the Bay Area Air Quality Management District investigated the issue in 2007, and found that Lennar was taking adequate steps to protect surrounding residents against the hazards of asbestos.  This finding was confirmed by a draft EPA report obtained by the San Francisco Chronicle on January 5, 2010, which found that Lennar’s dust control program was effectively minimizing the generation of asbestos dust, and limiting asbestos exposure in the surrounding community.

However, many residents are still not convinced.  They point out that Lennar was recently fined over $515,000 for major dust-control violations.  Bay Area air district officials found that Lennar had failed to properly calibrate its dust monitoring equipment, so that the company could not accurately measure the levels of asbestos dust in the air.  Lennar was also cited for failing to maintain wash stations to remove asbestos dust from vehicles leaving the site.

Asbestos At Hunters Point

Hunters Point Naval Shipyard, also known as Treasure Island Naval Station-Hunters Point Annex, was a major center for the building, repair, and servicing of Navy vessels from World War II through 1976.  Like every other Navy shipyard during this era, Hunters Point Naval Shipyard contained literally tons of asbestos materials.  Most surface vessels from the 1940s through the 1970s required asbestos insulation on the piping and equipment, as did nuclear-powered submarines.  Hundreds of thousands of workers and Navy veterans were exposed to asbestos at Hunters Point, including many former clients of Galiher DeRobertis Ono.  Interestingly, attorney Gary Galiher’s father, Clifford Owen Galiher, an enlisted Navy veteran, was stationed at Hunters Point during his military career.

The Navy ceased most operations at Hunters Point in 1976, and the shipyard was listed for closing in 1991.  Unfortunately, asbestos continues to be a serious hazard at the former Navy shipyard.  Although more than 226,000 square feet of asbestos-contaminated materials were removed from the Hunters Point shipyard in 1990, there is still a great deal of asbestos on the site.  In addition, Hunters Point is located on a site where there is naturally-occurring serpentine asbestos in the soil.  As a result, the people who live in the surrounding community are at significant risk of neighborhood exposure to asbestos during construction activities at the site unless dust control measures are strictly followed.