California Landlord And Las Vegas Contractor Indicted For Clean Air Act Violations After Federal EPA Investigation

LAS VEGAS, Nev. – On September 18, 2019, a federal grand jury returned an indictment  against a California-based landlord who buys, sells and rents buildings in Las Vegas, and the Las Vegas-based contractor who was working for the landlord. The criminal indictment charges the two men with violating the Clean Air Act by failing to remediate and remove asbestos from a downtown Las Vegas apartment complex before renovating it, endangering the health and welfare of the tenants living there at the time.

California real estate owner Bobby Babak Khalili, 52, and the Las Vegas contractor were charged with six-counts of Clean Air Act violations. Khalili, who is known by a number of aliases, was arrested in Los Angeles and arraigned on the indictment in U.S. District Court in the Central District of California on September 19, 2019. He was released on a $50,000 bond.

“Landlords must maintain their rental properties in a habitable condition and provide a safe place for tenants to reside–free from dangerous environmental toxins,” said United States Attorney Nicholas A. Trutanich for the District of Nevada. “The indictment demonstrates our office’s commitment to protecting the health and well-being of the environment in vulnerable communities in Las Vegas and throughout Nevada.”

“Exposure to asbestos is associated with lung cancer and other serious respiratory diseases,” said Special Agent in Charge Jay Green of EPA’s Criminal Investigation Division. “The indictment sends a clear signal that EPA and its law enforcement partners are committed to enforcing environmental laws that help protect our communities from illegal asbestos abatement.”

The Clean Air Act authorized the EPA to establish “work practice standards” that must be followed to ensure the safe and proper handling and removal of asbestos during renovations. Asbestos is a group of naturally occurring minerals made up of microscopic bundles of fibers. Asbestos can cause life-threatening illnesses, and has been defined by Congress as a hazardous air pollutant.

In 2016, Khalili and his family owned the 16-unit “11th & Bonneville Apartments” in downtown Las Vegas. On March 30, 2016, air quality specialists with the Clark County Department of Air Quality saw a 40-cubic yard dumpster containing regulated asbestos-containing material (RACM) at the apartment building. They documented RACM debris and residue in the dumpster, in several apartment units, and in common areas. From March 2016 through April 11, 2016, the defendants failed to inspect the apartments and failed to remove and remediate RACM prior to starting renovation. During the renovation, half of the building’s 16 units were occupied. The indictment alleges that the defendants failed to provide written notice to EPA and Clark County Department of Air Quality before starting removal and renovation work. After removal of the RACM, they failed to properly handle the RACM.

An indictment is merely a charge and the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt in a court of law. The maximum penalty the defendants face on each count is five years of imprisonment and a fine of $250,000.

The case was investigated by the EPA.

To report a possible violation of environmental laws and regulations, make a report to the EPA at https://echo.epa.gov/report-environmental-violations.