In August 1986, Tzavah Urban Renewal Corporation purchased from the city of Newark a building formerly known as the Old Military Park Hotel. Although the buyer was given an opportunity to inspect the building, the buyer was not informed by the city that the building was permeated with asbestos-containing material. At the time of the purchase, the building was in great disrepair and had been uninhabited for many years. Its proposed renovation was to be a major urban renewal project. In June 1987, Tzavah contracted with Greer Industrial Corporation to “gut” the building. 

While the work was going on, an EPA inspector visited the site and concluded that the hotel was contaminated with asbestos. He observed Greer employees throwing asbestos-laced objects out of the windows of the building and noted an uncovered refuse pile next to the hotel that contained asbestos. The workers were not wetting the debris before heaving it out the windows, and the refuse pile was also dry. As a result, asbestos dust was being released into the air. Although the hotel was located in a commercial district, there were private homes nearby. Renovation of buildings contaminated with asbestos is regulated under the Clean Air Act. 

The EPA regulations require building owners or operators to notify the EPA before commencing renovation or demolition and prescribe various procedures for storage and removal of the asbestos. Tzavah failed to provide the required notice or to comply with procedures required. After being notified by the EPA of the violation of the law, Tzavah stopped the demolition work, left the building unsecured, and left the waste piles dry and uncovered. The EPA tried informally to get Tzavah to complete the work in accordance with the asbestos regulations. When Tzavah did not take action, the EPA brought a lawsuit against Tzavah to do so. Should the court issue an injunction requiring Tzavah to abate the hazard posed by the dry asbestos remaining in the hotel?