Mar 14, 2009 - Libby Asbestos Trial Updates
The criminal trial charging W.R. Grace and five of its officials with violations of the Clean Air Act and obstruction of justice ended its second week. The charges are that Grace placed workers and community members of Libby, Montana in danger by mining asbestos-laced ore. The prosecutors must prove that Grace knew of the dangers and knowingly placed others in danger by releasing asbestos into the air, leading to serious diseases, such as mesothelioma and asbestosis.
The second week began with delays as a juror fell ill and court was recessed to determine whether the juror could return or needed to be replaced. With the jury out, defendants took the opportunity to argue whether expert testimony by Dr. Aubrey Miller, an investigating toxicologist with the U.S. Environmental Protection Agency (EPA), should be allowed. Miller was one of the first experts from EPA to arrive in Libby to begin assessing the dangers and extent of damage caused by asbestos in the area.
The defense’s argument to exclude Miller’s as a witness was unsuccessful, and the trial continued with his testimony in regards to the air quality in and around the mines and town of Libby during the beginning of clean up operations. Miller stated that asbestos levels were found to be dangerous and emergency clean up was needed.
On cross-examination, defense attorney tried to establish that the government knew about the dangers of asbestos-tainted vermiculite in Libby in the early 1980’s and, according to Grace, did nothing about it. Defense entered evidence of EPA reports showing that the government began investigating and knew of the hazards of asbestos starting in the early 80’s and continuing for nearly a decade.
Trial will resume next week with continued cross-examination of the toxicologist from defense attorneys.
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