More than three years have now gone by since the US government indicted WR Grace over asbestos contamination in Libby.
Since then, the two sides have fought over pre-trial issues all the way up the federal court system. Now, there's more to report.
There actually are two requests before the court, one from the WR Grace corporation, and one from the individual company officials who also are charged in the criminal case.
As we told you back in April, Grace's petition involves the specific asbestos fibers found in Libby. The company argues that since they were not a regulated form of asbestos, the government should not be allowed to build a case around them.
At the same time the company officials want the court to throw out one of the government's charges, the one that says executives knew they putting Libby people in danger from asbestos.
That charge actually was filed twice and the defendants argue that the amended or superceding indictment missed a deadline.
On May 23rd the Justice Department filed its response brief, arguing that the high court does not need to review the case and defending both the asbestos issue, and the timeliness of the superceding indictment.
It also speaks to the government's desire to bring the case to trial, stating that witnesses and victims are dying of asbestos-related disease.
The court also is hearing other voices in this case. The National Association of Criminal Defense Lawyers, the National Association of Manufacturers and the American Chemistry Council.
They filed a friend of the court brief on May 15th, siding with Grace on the asbestos regulation issue, arguing that the Ninth Circuit court essentially set a double standard that can ignore federal regulations, and they say that will open the door to harsher prosecution of corporate defendants in Montana and the other states served by that circuit.
Ultimately the high court will decide whether or not to hear the case, and it's worth noting that the vast majority of petitions to the court are rejected. If that happens, the trial of WR Grace actually might get back on a calendar.
