The Massachusetts Attorney General’s Office announced on Apr. 23 that it has filed a lawsuit against Flodell Builders, Inc., SPG Home Services Inc., Libertas Realty LLC, and property manager Pamela Nydam for alleged improper asbestos removal during renovation work at a multi-story building on Elm Street in Millbury.
The case is significant due to the health risks posed by improper handling of asbestos, which is regulated under the Clean Air Act. Asbestos exposure can cause serious illnesses including asbestosis, lung cancer, and mesothelioma. The complaint alleges that the defendants failed to notify or obtain authorization from the Massachusetts Department of Environmental Protection before starting abatement activities and did not inform apartment occupants about the hazardous work.
According to the Attorney General’s Office, Nydam and Libertas hired Flodell for renovations while Flodell brought in SPG as subcontractor to remove balconies containing asbestos siding identified in a November 2023 survey. Despite receiving a verbal cease-and-desist order from town officials prior to beginning work, defendants allegedly proceeded with demolition without required licenses or certifications from the Department of Labor Standards. During removal, they reportedly scattered asbestos-containing materials around the site and failed to seal openings or use protective equipment.
The lawsuit claims that on the day work began, Nydam personally swept up and disposed of visible pieces of asbestos material into an open dumpster, causing fibers to become airborne—a risk both for workers and residents nearby. The complaint states these actions violated state clean air laws and environmental regulations by exposing people to hazardous materials.
The Attorney General seeks penalties against all parties involved and court orders mandating compliance with relevant laws going forward. Assistant Attorney General John Craig is prosecuting with support from staff at both AGO’s Environmental Protection Division and DEP’s Central Region.
In related judicial matters within Massachusetts, the Massachusetts Supreme Judicial Court acts as the final authority on state law with appellate jurisdiction over lower court decisions; it also stands as the oldest continuously functioning appellate court in the Western Hemisphere. The court operates within the Commonwealth according to its official website, contributes through educational outreach about judicial processes, oversees legal practice regulation while supporting public access to opinions,and provides advisory opinions on key legal issues.
