Clapper, Patti, Schweizer and Mason

This week began with opening statements in the case of U.S. vs. W.R. Grace and Co., and five of its executives, who are charged with violating the Federal Clean Air Act and knowingly exposing workers and residents to asbestos, a mineral known to cause serious diseases. W.R. Grace and Co. began operating the mine in Libby, Montana in 1963, producing products made with the mineral vermiculite that was contaminated with asbestos. 

 

Prosecutors are claiming that W.R. Grace and its executives knew of the dangers of inhalation of asbestos and yet failed to inform and protect workers from exposure. Executives of the company are charged with knowing the health hazards and conspiring to conceal the risks from workers and residents. It is now widely accepted that exposure to asbestos can lead to fatal illnesses, such as asbestosis, mesothelioma and lung cancer. 

 

In 1990, The Environmental Protection Agency (EPA) passed the Clean Air Act that contained regulations regarding the production, manufacture, and use of asbestos and asbestos containing products. In 1999, after reports of lung-related illnesses and deaths in the area surrounding the mine, the EPA performed a study which concluded that the area was significantly contaminated and, in 2002, declared the town a Superfund clean-up site.

 

Defendants for W.R. Grace are arguing that they should not be held liable for any exposure to asbestos prior to the passage of the Clean Air Act provision. They also claim that the company took measures to reduce exposure and went so far as to inform the EPA of better regulation and clean up methods. Prosecutors, however, argue quite the opposite and charge Grace with obstructing EPA’s efforts to assess the situation and begin the clean up process. 

 

Judge Donald Molloy is hearing the case, which is expected to last for months. Kevin Cassidy, asbestos and mesothelioma lawyer for the Justice Department’s Environmental Crimes Scene, is representing the victims. Barbara Harding is the attorney representing Grace.

 

This week was the beginning of hearing testimony from residents who have been affected by exposure to asbestos. Some were exposed directly from working at the mines or by using Grace’s insulating or gardening products, such as Zonolite. Others were exposed by coming into contact with family members who carried asbestos home on their clothes after working in the mines or with products made from materials, such as insulation or gardening soil, made from toxic minerals from the mine. Others could have been exposed by playing in or around the deadly material known to be at sites such as the school’s running track or baseball field. Many have lost a loved one or family member to an asbestos-related disease. 

 

The case is said to be one of the most complicated and significant trials concerning corporate pollution and violating environmental regulations. Tuesday, lawyers representing Grace asked the court to acquit the company of three charges of knowingly endangering workers and residents, arguing that incidents of unsafe exposure occurred before the passage of the Clean Air Act and after they stopped operating the mine. Today, Judge Malloy denied this request. The Judge did, however, restrict the scope of testimony from a key government witness for the prosecutors, Paul Peronard, who was the on-site coordinator from the EPA for the asbestos clean up of Libby.