Lifted Liquids Lied and Turned Normies Into Criminals

At the heart of a recent legal proceeding lies a seemingly mundane yet significant set of allegations involving Highline Construction LLC. In 2024, the U.S. Environmental Protection Agency (EPA) cited the company for failing to meet crucial recordkeeping requirements for renovation in an older residence built in 1912. Specifically, Highline Construction LLC was charged with neglecting to retain all records demonstrating compliance with federal and state lead-safe practices at a housing unit located at 2423 Victor Street in Bellingham, Washington. The official EPA complaint details how the company conducted work for compensation on a building classified as “target housing,” a term denoting properties likely to contain lead-based paint due to their age.

While the noncompliance may appear to some as a “paperwork oversight,” the stakes are far higher. Lead-based paint is a potent neurotoxin that particularly endangers children and pregnant individuals. Even modest exposure can have lifelong effects, including developmental disabilities, lower IQ, and a host of cognitive and behavioral issues. The meticulously designed regulations under the Toxic Substances Control Act (TSCA) and the Renovation, Repair, and Painting (RRP) rule exist precisely because the consequences of uncontained lead dust can be devastating.

This article opens by highlighting the most damning evidence of corporate misconduct: an inability—or perhaps unwillingness—to keep track of safety protocols that protect public health. Seen in a vacuum, it’s a seemingly small legal violation. But placed under the magnifying lens of broader systemic issues—neoliberal capitalism’s relentless pursuit of profit, regulatory capture, and the lingering reality of deregulation—this case reveals troubling patterns. Throughout this investigative narrative, we will examine not just the narrow details of Highline Construction LLC’s alleged failings but also the many ways such alleged transgressions are, in fact, part of a larger tapestry of economic fallout, corporate accountability crises, and public-health dangers.

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2. Corporate Intent Exposed

According to the EPA’s complaint, Highline Construction LLC performed renovations on an older home—built in 1912, well within the scope of structures likely containing lead-based paint. Washington state law, under the umbrella of the federal TSCA, explicitly requires contractors to document and retain records showing the use of proper lead-safe work practices. Specifically, the law mandates that firms maintain evidence demonstrating they followed RRP requirements for at least three years. These documents can include proof of certification, records of on-site containment procedures, and disclosure statements provided to occupants.

Highline Construction LLC, the complaint alleges, simply did not comply. They failed to “make RRP records available to demonstrate compliance” with the relevant Washington Administrative Code (WAC 365-230-340) and did not meet the standard for record retention. Although on its surface, one might interpret this failure as a clerical misstep, in the broader context of corporate operations, such “gaps” often serve an economic function. Maintaining compliance documentation requires manpower and attention to detail; it can slow a job, increase costs, and expose a firm to deeper scrutiny. Under conditions where profit maximization is the primary objective, companies sometimes cut corners—either intentionally or due to lack of infrastructure—to avoid these added costs. This kind of behavior is not confined to any single industry. Historical parallels can be found in sectors ranging from pharmaceuticals and chemical manufacturing to automotive production. In each scenario, failure to uphold proper documentation or safety practices can result in measurable harm to consumers, workers, and local communities.

The alleged negligence of a recordkeeping duty here may also reflect a deeper corporate intent. Even if we grant that Highline Construction LLC’s primary objective wasn’t to cause harm, ignoring or sidelining key public-health protocols suggests a culture or strategy that undervalues long-term community welfare compared to near-term financial gains. This is a central dynamic of neoliberal capitalism: the inexorable drive toward efficiency, profit, and streamlined operations—often at the expense of the most vulnerable stakeholders.

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3. The Corporations Get Away With It

The EPA’s enforcement against Highline Construction LLC resulted in a $1,000 penalty. In the grand scheme of business expenses, especially for a construction firm, this is hardly a crippling sum. But for families and individuals exposed to unsafe renovation practices and lead dust, the stakes can be far higher—potentially life-altering health consequences. This disparity highlights a persistent issue: the cost of noncompliance can be negligible for companies, encouraging a calculation wherein fines are simply absorbed as another line item on the balance sheet.

Even when regulatory oversight exists, businesses often exploit a patchwork of legal loopholes, reduced penalties, or slow-moving processes. Allegations of corporate misconduct are frequently settled with small financial consequences, producing an environment where noncompliance can become “the cost of doing business.” Once again, this phenomenon transcends any single sector. Major corporations in oil, tobacco, and finance have historically employed the same logic, shelling out fines that are dwarfed by their annual profits. In Highline Construction LLC’s case, the official complaint indicates that the company’s regulatory infraction is quite specific: a failure to retain records for three years post-renovation. Yet the bigger question remains whether the penalty will effectively deter similar behavior in the future or simply be written off.

A regulatory structure that allows corporations to proceed unscathed, with minimal public accountability and inconsequential financial consequences, is a hallmark of late-stage capitalism. The phenomenon fosters an environment where corporate ethics become secondary, overshadowed by the imperatives of shareholder returns. While we cannot categorically state that Highline Construction LLC set out to harm occupants or ignore lead-safe guidelines deliberately, their alleged failure to follow a crucial safety measure underscores how easily such violations can slip by—at least until an inspection or complaint triggers enforcement actions.

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4. The Cost of Doing Business

From an economic standpoint, the lead-based paint safety protocols that Highline Construction LLC allegedly skirted do not merely exist to burden contractors; they’re established because lead contamination carries tangible costs. The broader “cost” of failing to meet such obligations can manifest in multiple ways:

Health Consequences: Lead exposure can lead to heightened healthcare costs over an individual’s lifetime, including specialized interventions for learning disabilities, mental health support, and medical monitoring for neurological issues. Families in older or disadvantaged neighborhoods often bear these costs disproportionately, reflecting broader wealth disparities where lower-income or marginalized communities already face structural challenges.

Economic Fallout: Neighbors may experience declining property values if a home known to have lead contamination is left unaddressed. When entire neighborhoods contain multiple older properties, the cumulative effect can be significant. Local economies can also face burdens if a public-health crisis forces schools and community centers to invest in expensive lead abatement and health screenings.

Reputation and Corporate Accountability: While a single violation might not collapse a construction firm’s reputation, repeated violations or a single high-profile infraction can undermine public trust. In a marketplace increasingly attentive to corporate social responsibility, negative headlines—and the negative word-of-mouth they generate—may steer consumers away from any business perceived as a public-health risk.

Impact on Workers: Lead-safe renovations require specialized training for workers. When companies neglect or shortcut these requirements, workers are the first line of exposure. These employees may not only be unprotected but also ill-equipped to recognize or mitigate lead hazards, escalating the risk of contamination for both themselves and others in the home.

This financial reality underscores how the pursuit of profit sometimes creates a perverse incentive: short-term savings (by cutting corners) can boost a company’s bottom line, at least until regulatory fines or public outcry occur. The complaint against Highline Construction LLC indicates that had the company faithfully followed documentation processes and adhered to RRP practices, the “cost” in time and labor might have been higher. But from the vantage point of neoliberal capitalism, increased operational expenses are to be minimized unless the penalties for ignoring them exceed the savings. It is a grim equation, yet it serves as a powerful motivator within business structures oriented primarily around maximizing revenue and reducing overhead.

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5. Systemic Failures

While Highline Construction LLC stands as the immediate subject, the real culprit behind such recurring corporate misconduct often is not one company or contractor alone. Rather, systemic failures in regulatory infrastructure under neoliberal capitalism play an outsized role in shaping corporate decisions.

Deregulation and Regulatory Capture: Over several decades, a wave of deregulation has weakened the ability of government agencies to enforce strict standards. At the same time, well-funded industry groups may influence policymakers to reduce penalties or water down key provisions. The result is a piecemeal set of rules that do not always deter noncompliance effectively.

Insufficient Enforcement Resources: Even where strong regulations exist, enforcement agencies often lack the staff or budgets to conduct regular inspections. Contractors like Highline Construction LLC may proceed for months or years without a single site visit, thereby sidestepping critical oversight.

Lack of Public Awareness: Many homeowners, tenants, and even workers do not know the specifics of lead safety laws or the dangers of uncontained lead dust. This knowledge gap hampers public pressure for more robust compliance, as communities are often unaware that they can demand documentation or specific safety measures.

Patchwork Accountability: Although Washington State has authorization under TSCA to oversee lead-based paint programs, the nationwide patchwork of state-level regulations often creates confusion. Firms working across states can encounter varying requirements, leading to unintentional lapses—or deliberate neglect—of recordkeeping.

These systemic breakdowns benefit companies that can easily bury small violations amid a complex regulatory environment. Instead of strengthening oversight to protect public health, the system sometimes effectively encourages an attitude of “wait until we’re caught.” Only once an infraction surfaces do we see a fine or settlement. In the Highline Construction LLC case, the consequence amounted to a mere $1,000 penalty—a sum that may not even cover the expense of the official inspection or the internal staff time for paperwork processing.

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6. This Pattern of Predation Is a Feature, Not a Bug

Within the framework of neoliberal capitalism, the repeated appearance of corporate misconduct—from environmental pollution to consumer fraud—reflects deeper systemic logic rather than isolated aberrations. In an economic regime focused on free markets, minimal regulation, and shareholder-driven growth, the notion of accountability can become a tenuous afterthought.

Critically, the free-market mantra often hinges on the assumption that “the market” will punish bad actors through reputational damage and consumer choices. Yet, when it comes to industries like housing renovation, finance, or healthcare, consumers often have limited options or insufficient information. They may not even know a company violated safety standards until after the harm occurs. And in older housing markets, especially those that cater to lower-income or disadvantaged populations, residents might have no realistic alternative but to accept the contractor’s terms and trust the job will be done safely.

Meanwhile, the cycle of minimal fines and lax enforcement fosters a deeper sense of impunity among corporate entities. For many companies, potential small-scale penalties fail to overshadow the tangible benefits of cutting corners. In effect, the system—through limited oversight—encourages a type of predatory behavior against local communities. The cynics among us might say the arrangement is by design. Indeed, under late-stage capitalism, where economic inequality is large and regulatory bodies struggle to keep up, the pattern of corporations bypassing public-health requirements can seem less like an accident and more like a predictable outcome of a profit-driven system.

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7. The PR Playbook of Damage Control

When allegations of wrongdoing reach the public sphere, as with the EPA’s complaint against Highline Construction LLC, corporations tend to employ a well-worn public relations playbook. While the complaint itself does not detail any public statements made by Highline Construction LLC, history suggests a few likely responses:

Minimization: Companies often characterize the issue as a “recordkeeping oversight” or “administrative error” to reduce the impression of negligence. This rhetorical move not only downplays potential health implications but also shifts attention away from broader systemic critiques.

Promised Reforms: Another common tactic is to pledge improved internal processes or updated training protocols. These well-publicized promises can reassure the public, yet meaningful follow-through is sometimes mixed. Without real accountability measures, reforms risk being superficial.

Distraction and Good Works: In some larger corporations, philanthropic gestures in the form of donations, sponsorships, or volunteering programs can help divert the public eye. The cycle is straightforward: overshadow negative press by showcasing a charitable side. However, smaller local contractors may simply highlight a track record of successful projects or emphasize long-standing ties to the community.

Deflection or Denial: At times, a company may challenge the accuracy of the complaint or shift blame to employees, subcontractors, or “miscommunication.” By distributing accountability across multiple players, a corporation can dilute the sense of direct liability.

These maneuvers reflect a larger phenomenon of strategic damage control. Regardless of the sincerity behind any given company’s statements, such PR tactics often serve to contain negative fallout and protect brand equity. While corporate social responsibility is sometimes cited, deeper commitments to transparency and restitution are less common unless mandated by the courts or demanded by an outraged public. In the Highline Construction LLC scenario, no large-scale reputational collapse is likely—simply because the firm might not be widely known. Yet the pattern is emblematic of how even small to mid-sized companies can navigate a corporate environment shaped by limited accountability and fleeting public attention.

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8. Corporate Power vs. Public Interest

The root of conflicts like this often lies in the tension between private profit motives and public interest. Society relies on corporations—construction firms, manufacturers, retail giants—to supply goods and services. Yet, in an era shaped by neoliberal capitalism, these entities often operate under an imperative to produce immediate gains for owners or shareholders, frequently overshadowing external concerns such as health hazards or long-term sustainability.

Regulatory Shortcomings: Public agencies, including the EPA, must walk a tightrope. They are tasked with upholding the public good but frequently face political pressures and budget constraints. Large corporations (and in some cases, even smaller ones with well-connected owners) wield disproportionate influence, which can stymie more robust enforcement.

Profit Over Safety: Safety protocols and recordkeeping obligations exist to prevent contamination, protect workers, and ensure that each stage of a renovation or repair is conducted responsibly. When a firm sidesteps those duties to save time or money, it prioritizes profit over collective well-being.

Social Justice Impact: Historically, predatory practices in housing and construction often target or disproportionately affect marginalized neighborhoods—places where older buildings and lower incomes converge. Underfunded, underrepresented communities face the largest health risks but are the least equipped to challenge questionable corporate behavior. In this context, lead-based paint hazards can perpetuate cycles of disadvantage, as children in these communities bear neurological impacts that interfere with educational progress, job opportunities, and long-term health.

Here, Highline Construction LLC’s alleged offense symbolizes this collision of corporate power and public interest on a smaller scale. The corporate incentive to operate without thorough documentation—regardless of the stated reason—collides with the fundamental right of a community to safe living spaces. While one might argue that the penalty in question is appropriate for an isolated infraction, the underlying dynamic remains: for corporations with bigger coffers, the possibility of a fine seldom overshadows the drive to reduce operational costs and maintain profit margins.

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9. The Human Toll on Workers and Communities

Lost in many official documents and corporate statements are the lived experiences of people on the ground. Lead-based paint exposure is not a theoretical danger. Real families, including children, can face lasting harm when dust from sanding or scraping old surfaces is not meticulously contained and disposed of. The daily reality of lead poisoning involves medical visits, developmental delays, and expensive interventions—scenarios that can drag families into a vortex of economic struggle. Even mild lead levels in a child’s bloodstream can reduce academic performance and contribute to behavioral challenges that ripple throughout classrooms and entire communities.

Moreover, construction workers themselves—especially if they lack union representation or comprehensive training programs—can face dangerous on-site conditions. Handling lead-based paint requires specific protective measures, from respirators to specialized waste disposal procedures. If the employer (in this case, Highline Construction LLC) neither provides adequate training nor documents compliance, it’s likely that employees are left vulnerable. Over time, chronic exposure to lead can result in neurological disorders, renal impairment, and other serious conditions that curtail an individual’s ability to earn a living or maintain a normal quality of life.

Local economies also suffer. Families dealing with lead poisoning may not have resources to contribute robustly to community life, and schools burdened by the challenge of special education services for lead-affected children might divert limited budgets from other programs. Neighborhoods can see property values stagnate or decline, perpetuating a cycle that keeps lower-income areas locked in disinvestment.

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10. Global Trends in Corporate Accountability

The story of a single construction company in Washington State resonates globally. Across the world, communities grapple with insufficient enforcement of environmental and public-health standards. In some countries, the problem is drastically worse, with rampant underreporting of lead hazards and limited medical infrastructure to treat affected populations. Even within developed nations, the complexities of corporate accountability often reveal similar patterns:

Outsourcing and Supply Chains: Industries move aspects of their operations to jurisdictions with weaker regulatory frameworks, sidestepping stricter rules. The same principle applies when companies choose subcontractors that are cheaper but less reliable in following protective protocols.

Rise of Consumer Advocacy: A counterpoint to these trends is the increase in global consumer awareness. Grassroots movements, social-media campaigns, and investigative journalism spotlight the vulnerabilities in existing regulatory systems. In many places, everyday people have become more empowered to challenge corporate misconduct—though such efforts often face an uphill battle.

Landmark Lawsuits: High-profile lawsuits, whether against chemical giants or smaller contractors, have in some cases prompted legislative reforms or served as cautionary tales. Yet, the patchy enforcement of these rulings underscores the persistent challenge of turning legal victories into systemic change.

In this respect, the Highline Construction LLC case is emblematic: it illustrates both the potential for enforcement (however limited) and the ongoing difficulty of achieving lasting, transformative accountability.

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11. Pathways for Reform and Consumer Advocacy

Concluding our exploration, we turn to potential solutions—both immediate and long-range—that might curb future misconduct and strengthen corporate ethics around public health.

Stricter Penalties for Noncompliance: If contractors face penalties that surpass any potential gains from evading or minimizing safety protocols, behavior might shift. Instead of a $1,000 fine, one might imagine a tiered penalty system where repeated offenses or deliberate negligence trigger exponentially larger fines.

Transparent Public Records: Expanding public databases for compliance documents, including RRP certifications and violation histories, empowers communities. Homeowners, tenants, and even prospective clients could then easily verify a company’s track record. Highline Construction LLC, for instance, would find it more challenging to keep an infraction hidden.

Improved Regulatory Funding: The EPA and state agencies like the Washington Department of Commerce require adequate resources to conduct unannounced site inspections and random audits of compliance records. Without such funding, we remain locked in a cycle of reactive enforcement.

Collective Bargaining and Worker Training: Ensuring that employees have protective gear, hazard pay, and training is essential. Labor unions can be instrumental in this regard. If workers are knowledgeable about lead-based paint risks and feel secure reporting violations without retaliation, entire communities benefit.

Consumer Advocacy and Education: Public education campaigns highlighting the dangers of lead-based paint can galvanize community demand for more responsible construction practices. Nonprofit organizations and grassroots groups could offer free or low-cost lead test kits, run awareness drives, and provide legal guidance to vulnerable tenants.

Holistic Legal Reforms: Finally, policymakers could explore integrated frameworks addressing environmental justice, consumer advocacy, and corporate accountability under one legislative umbrella. By recognizing that the public-health hazards of lead-based paint tie into broader economic and social issues, reforms can be targeted more effectively.

In the immediate sense, the Highline Construction LLC case stands as a wake-up call. A firm’s alleged failure to retain simple RRP documentation is a microcosm of larger systemic shortfalls: profit maximization, insufficient oversight, and entrenched power imbalances. While the penalty in this case seems minor compared to the potential harm, awareness and outrage can drive more significant change. If the most vulnerable communities take up the mantle—supported by informed consumers, robust activism, and conscientious businesses that refuse to cut corners—then incremental steps might evolve into genuine systemic reform. The journey will be neither quick nor straightforward, but the stakes are too high to ignore.

 

The EPA was kind enough to provide legal documents to this case for free for the general public’s viewing: https://yosemite.epa.gov/OA/RHC/EPAAdmin.nsf/b1168ba96e95ddef8525756e004dbe6a/f989cdefd482002385258b6b0069c37f!OpenDocument

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