Evidence
9 evidence entries recorded; each entry has a stable permalink (#ev-1 … #ev-9).
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[1]In re: Asbestos Products Liability Litigation (MDL-875); Berei v. Air & Liquid Systems Corp. et al., No. 2:12-cv-60166 (E.D. Pa.), Defendant Air & Liquid Systems Corp.'s Motion for Summary Judgment (docket doc. 53, filed 2013-04-15) (RECAP) [court_record]
- Locator
- E.D. Pa. docket 2:12-cv-60166, document 53 (MSJ + memorandum + proposed order); deposition excerpts at statement of facts pp. 2-4
- Finding type
- litigation_documented
- Finding
- Docketed asbestos MDL-875 action naming this hull: plaintiff John T. Berei alleged mesothelioma from asbestos exposure during 1946-1949 Navy service, testifying he was a fire controlman assigned to USS Chehalis (AOG-48) - alongside the San Diego naval base and decommissioning work on unnamed Navy vessels at the Vallejo, CA shipyard, plus later union carpentry (1960-1991) and home renovation. The alleged pathway aboard was bystander exposure to gaskets, packing, and insulation disturbed by others' maintenance on pipes, boilers, turbines, pumps, and valves. Deposition product IDs for pump work generally: gaskets by Cranite, Goodyear, Garlock; insulation by Johns-Manville, Owens-Illinois, Owens-Corning. Berei could not place a Buffalo pump aboard this ship ('Probably in the shipyard. Vallejo.' - 'not on the Chehalis?'). Air & Liquid Systems Corp. (successor by merger to Buffalo Pumps, Inc.) moved for summary judgment on product-identification grounds 2013-04-15. Berei died during pendency - Judge Robreno's 2013-09-05 order granted substitution of John Berei as executor of the estate - and plaintiff filed a Status Report / Motion for Suggestion of Remand (docs. 61, 79); the docket terminated 2013-11-13.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-24
- Study period
- 1946-1949 (alleged Navy exposure); 2012-2013 (litigation)
- Population
- Sailor aboard USS Chehalis 1946-1949 (alleged exposure window); Mare Island shipyard workers (separate alleged site)
- Limitations
- Pleading/discovery-stage allegation - the docket and deposition testimony exist and are verified, but no exposure finding was adjudicated. Product IDs are plaintiff testimony covering his Navy service generally, not proof of products aboard this hull. The MSJ decision is not in RECAP-indexed documents (only the motion is retrievable); the late-2013 remand motions and termination are consistent with remand to transferor court S.D.N.Y., but the terminating order is unverified. If the MSJ was granted that is a merits-level negative for this plaintiff, not affirmative exposure evidence. The motion text reads 'USS Chelalis (AOG-48)' - a transcription typo; the hull number is explicit. Filed NY Supreme Court 2012-03-27, removed to S.D.N.Y. 2012-06-14, transferred to MDL-875 2012-07-03.
- Atlas source
- true
- Evidence ID
- ev-uss-chehalis-aog48-01
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[2]Dictionary of American Naval Fighting Ships entry, USS Chehalis (AOG-48) (Office of the Chief of Naval Operations, Naval History Division; HyperWar/ibiblio transcription) [nhhc_danfs]
- Locator
- DANFS AOG-48 entry (full text)
- Finding type
- vessel_history
- Finding
- Patapsco-class gasoline tanker launched 1944-04-15 by Cargill, Inc., Savage, Minn., sponsored by Mrs. J. H. MacMillan, Sr.; commissioned December 1944 (transcription reads 6 December; NavSource CO roster and the CH2M Hill wreck report give 5 December), Lt. E. G. Rifenburgh, USNR. WWII: cleared Galveston January 1945, called at San Diego, reached Pearl Harbor 6 February; fueling operations in the Hawaiian Islands and at Canton Island to 14 April; via Kossol Roads to San Pedro Bay, P.I. (arrived 6 May) with aviation gasoline and lubricants; fueled motor torpedo boats and Army crash boats along the Leyte coast for 3 months; same service at Okinawa 6 August-23 November 1945. Post-war: overhaul at Puget Sound, returned to Hawaiian Islands 23 March 1946; for 3.5 years carried fuel among the Hawaiian group and westward - Johnston, Palmyra, Samoa, Canton, Kwajalein, Midway, Saipan, Truk, Manus, Iwo Jima, Eniwetok. On 1949-10-07 at Tutuila, American Samoa, a gasoline tank exploded killing 6 crew; the tanker burned, capsized, and sank. Stricken 1949-10-27; salvaged hulk later sold to the government of American Samoa.
- Verification
- verified
- Role
- context
- Documentation level
- ship_specific
- Accessed
- 2026-09-24
- Study period
- 1943-1955
- Population
- Crew complement 131 (class figure); 6 killed 1949-10-07
- Limitations
- Authoritative Navy history containing no asbestos, materials, or crew-health information. Live NHHC DANFS page for this hull returned 404 on 2026-09-24 - HyperWar transcription cited per standing practice; canonical NHHC URL needs re-locating. Two transcription dates conflict with NavSource/CH2M Hill (commissioning day; a '6 January 1946' Galveston departure that is internally impossible and must be 1945) - flagged in gaps.
- Atlas source
- true
- Evidence ID
- ev-uss-chehalis-aog48-02
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[3]CH2M Hill for American Samoa EPA, 'USS Chehalis Phase III - Cargo Inspection' report (2007), Consolidated Environmental Management Program for American Samoa, supported by US EPA Region IX [other_primary]
- Locator
- Phase III report - Executive Summary; sections 1.2, 2.3, 3.1-3.2
- Finding type
- environmental_record
- Finding
- Three-phase environmental assessment (Nov 2005-Feb 2007) of the sunken hull: wreck lies on her starboard side bow-east in ~156-160 ft of water ~350-400 ft north of the government fuel pier; hull, deck, and superstructure largely intact under silt and rust scale - described as 'remarkably well preserved'; 8 of 10 cargo tanks undisturbed; explosion damage confined to forward starboard cargo deck. Divers penetrated all ten cargo tanks and drilled ship's fuel tanks, confirming ~70,000 gal avgas (115/145), ~40,000 gal mogas (likely leaded), and ~5,000 gal diesel aboard, with ongoing leakage observed. Estimated 200,000-600,000 gal fuel aboard at sinking per ship drawings, the 1949 Navy Court of Inquiry record, and NARA deck logs; ~55,000 gal off-loaded before the fire. 'Thousands of rounds of artillery shells' reported aboard (anecdotal per report). NHPA Section 106 notification was submitted by US EPA Region IX.
- Verification
- verified
- Role
- context
- Documentation level
- ship_specific
- Accessed
- 2026-09-24
- Study period
- 2005-2007
- Population
- Commercial divers (Associated Underwater Services) and agency personnel, 2005-2007; Pago Pago harbor environment
- Limitations
- Petroleum-remediation record - the report contains no asbestos sampling, hazmat survey, or materials inventory (full-text searched 2026-09-24: zero asbestos mentions). It documents that the hull survives substantially as built in 1944 (never scrapped or abated) but establishes neither presence nor absence of asbestos aboard; it does not address munitions disposition.
- Atlas source
- true
- Evidence ID
- ev-uss-chehalis-aog48-03
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[4]NOAA IncidentNews incident 8017 (initial notification 2009-05-03) + NOAA RULET, 'Risk Assessment for Potentially Polluting Wrecks in U.S. Waters' (2013), ex-USS Chehalis entry [other_primary]
- Locator
- IncidentNews incident 8017 hotline; RULET 2013 national report, priority-wreck table; NOAA WORP/RULET presentation slides (ex-USS Chehalis case history)
- Finding type
- environmental_record
- Finding
- NOAA tracked the joint U.S. Navy SUPSALV / U.S. Coast Guard assessment of the wreck conducted 2009-04-23 to 05-09 in preparation for fuel removal, noting the vessel 'has been periodically releasing small amounts of oil ever since it sank in Pago Pago Harbor in 1949'; remaining fuel then estimated at ~40,000 gal mogas, ~70,000 gal avgas, ~5,000 gal marine diesel, and 'There is also ammunition aboard' (NOAA/RULET case-history briefings quantify ~18,000 rounds, describe the ship burning 22 hours and being 'scuttled in 160 feet of water on October 8 near fuel terminal'). The 2013 national RULET risk assessment lists ex-USS Chehalis among 87 priority potentially polluting wrecks, recording its 2010 fuel removal.
- Verification
- verified
- Role
- context
- Documentation level
- ship_specific
- Accessed
- 2026-09-24
- Study period
- 2009-2013
- Population
- Navy Mobile Diving Salvage Unit personnel, USCG Pacific Strike Team / Marine Safety Detachment American Samoa, AS EPA
- Limitations
- Regulatory pollution-threat documentation of the wreck as a fuel and munitions hazard; contains no asbestos scope. RULET summary-table quantities are planning estimates and vary slightly from the CH2M Hill survey figures.
- Atlas source
- true
- Evidence ID
- ev-uss-chehalis-aog48-04
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[5]NAVSEA Supervisor of Salvage and Diving release republished as 'NAVSEA Removes Fuel from Sunken WW II Era Ship' (Maritime Reporter/marinelink, 2010-04-16); underlying official document: NAVSEA salvage report S0300-B7-RPT-010, 'U.S. Navy salvage report, ex-USS Chehalis fuel removal operations' (2011) [reputable_press]
- Locator
- marinelink.com news item 333976 (2010-04-16); NAVSEA report no. S0300-B7-RPT-010
- Finding type
- environmental_record
- Finding
- In a U.S. Coast Guard-directed initiative supporting American Samoa's request for assistance, NAVSEA SUPSALV and Mobile Diving and Salvage Unit One divers working from USNS Sioux (T-ATF-171) removed 60,546 gallons of petroleum products from the sunken ex-USS Chehalis, concluding 2010-04-06 - using a buoyed suction head fed through cargo-tank hatches and an intrinsically safe pneumatic pump because hot-tap methods were unsafe around gasoline.
- Verification
- verified
- Role
- context
- Documentation level
- ship_specific
- Accessed
- 2026-09-24
- Study period
- 2009-2010
- Population
- Navy/MDSU-1 divers, SUPSALV civilian and contractor personnel
- Limitations
- Fuel-removal operation record only - no asbestos or other hazardous-materials scope documented. The cited article is a republished NAVSEA release in trade press; the underlying official salvage report S0300-B7-RPT-010 is identified but was not directly retrieved (archival lead).
- Atlas source
- true
- Evidence ID
- ev-uss-chehalis-aog48-05
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[6]NavSource AOG-48 specification block (propulsion-plant detail transcribing official data) + DANFS class characteristics [other_primary]
- Locator
- NavSource AOG-48 page, Specifications block; DANFS AOG-48 class line
- Finding type
- asbestos_application
- Finding
- The T1-MT-M1 plant is diesel-electric - four 980-hp GM 12-278A diesels on electric drive, twin screws, 3,300 shp - so this class had no boilers or steam distribution and lacks the steam-plant lagging pathway typical of steamships. A Maritime Commission/Navy auxiliary built in 1944 nevertheless dates to the federal asbestos-reserve period; period-typical asbestos applications on diesel auxiliaries of this design include exhaust/muffler insulation, machinery gaskets and packing, electrical insulation, and fire-resistant construction in machinery and accommodation spaces.
- Verification
- inferred
- Role
- supporting
- Documentation level
- class_or_era
- Accessed
- 2026-09-24
- Study period
- 1943-1944
- Population
- Cargill yard trades (Savage, 1943-44); engine-room and electrical crews
- Limitations
- Era/design inference only - no ship-specific or design-document asbestos statement was located for the T1-MT-M1 type, and NavSource is a volunteer transcription rather than an official publication (propulsion detail unverified against a primary specification). Does not establish asbestos aboard this hull, any quantity, or any individual exposure.
- Atlas source
- true
- Evidence ID
- ev-uss-chehalis-aog48-06
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[7]Batch-1993 search ledger (this record): DANFS/HyperWar, NavSource, AS EPA-CH2M Hill Phase I-III reports, NOAA IncidentNews/RULET, NAVSEA release, CourtListener opinion and docket indexes, NARA catalog, shipyards.json yard list [other_primary]
- Locator
- search_ledger rows sl-uss-chehalis-aog48-01 through sl-uss-chehalis-aog48-13
- Finding type
- historical_record
- Finding
- No qualifying ship-specific asbestos record located: no asbestos survey, abatement contract, hazmat disclosure, or materials inventory for this hull; no adjudicated exposure finding in the one docketed case naming it. Because the ship sank in commission in 1949 and was never scrapped or drydocked for disposal, no disposal/abatement record chain exists at all; every post-loss assessment is petroleum- and munitions-focused and silent on asbestos.
- Verification
- verified
- Role
- negative_finding
- Documentation level
- ship_specific
- Accessed
- 2026-09-24
- Study period
- 2026-09-24
- Limitations
- Absence of a located public record does not prove absence of asbestos - the intact 1944 hull plausibly retains era materials (see ev-06 inference). Does not establish or defeat any claim of exposure or legal eligibility.
- Atlas source
- true
- Evidence ID
- ev-uss-chehalis-aog48-07
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[8]U.S. Navy Court of Inquiry records (1949), ship's drawings, and vessel deck logs obtained from the National Archives and Records Administration, Washington DC - as cited in the CH2M Hill Phase I archival review; NAVSEA salvage report S0300-B7-RPT-010 (2011) [other_primary]
- Locator
- CH2M Hill Phase III report, Executive Summary (records basis) and sec. 1.1; NAVSEA report no. S0300-B7-RPT-010
- Finding type
- historical_record
- Finding
- Primary archival holdings exist for this hull's service and loss: the 1949 Navy Court of Inquiry into the fatal explosion, the ship's deck logs, and ship's drawings were pulled from NARA for the AS EPA fuel assessment and remain retrievable; NAVSEA's official salvage report documents the 2010 fuel-removal operation.
- Verification
- verified
- Role
- archival_lead
- Documentation level
- ship_specific
- Accessed
- 2026-09-24
- Study period
- 1949; 2005-2011
- Population
- 1949 crew (Court of Inquiry subjects)
- Limitations
- Archival lead only - the Court of Inquiry record, deck logs, drawings, and NAVSEA report were identified through third-party citations, not individually retrieved or reviewed; any asbestos-relevant content in those files (e.g., crew locations, damage-control details, material descriptions) is unknown.
- Atlas source
- true
- Evidence ID
- ev-uss-chehalis-aog48-08
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[9]MNopedia (Minnesota Historical Society), 'Savage Shipyard' [museum_official]
- Locator
- MNopedia place entry 'Savage Shipyard'
- Finding type
- vessel_history
- Finding
- State historical society documentation of the builder: the Navy re-purposed Cargill's Savage yard in 1942 as an inland construction site safe from coastal attack; by 1945 the yard employed ~3,500 at peak and built 18 ships plus 4 tugboats, most of them Patapsco-class auxiliary oil and gasoline carriers (AOGs) of 131-man complement, 310 ft x 48 ft, carrying up to 1,880 tons of fuel and ammunition; completed hulls transited the Mississippi to New Orleans for final fitting.
- Verification
- verified
- Role
- context
- Documentation level
- class_or_era
- Accessed
- 2026-09-24
- Study period
- 1942-1945
- Population
- Cargill Savage yard workforce (~3,500 peak)
- Limitations
- Yard-level context for the builder only - says nothing about materials aboard this specific hull and is not an asbestos source.
- Atlas source
- true
- Evidence ID
- ev-uss-chehalis-aog48-09