The U.S. Supreme Court has rejected an appeal by W.R. Grace over several pre-trial rulings in the Libby asbestos contamination case.
Monday's ruling means the government's indictment can accuse W.R. Grace officials of "knowingly" putting Libby vermiculite miners and their families in danger.
The Ninth Circuit Court of Appeals had already ruled that the evidence can be used.
Back in 2005, Grace and several former managers were charged with conspiring to conceal health risks posed by the Libby vermiculite mine, which closed in 1990.
Hundreds of Libby residents became sick and many died after being exposed to asbestos.
(from June 12, 2008)
Federal agencies have announced a five year, $8 million study which is aimed at understanding the effects of low exposure levels of asbestos in Libby.
The U.S. Department of Health and Human Services and the U.S. Environmental Protection Agency say the initiative will focus on determining whether exposure to lower levels of Libby asbestos is associated with increased risk of lung disease, cancer, chronic illnesses, auto-immune diseases or other health problems.
Asbestos contamination from a now-closed vermiculite mine near Libby is blamed for killing more than 200 people and sickening many hundreds more.
(from June 4, 2008)
Just weeks after the federal government announced a proposed settlement of its own, Montana officials say they too are ready to sign an agreement with W.R. Grace over the Libby asbestos claims.
In early April, the Environmental Protection Agency announced a $250 million settlement to resolve the dispute over cleaning up asbestos contamination related to Grace's mining operations in Libby.
Today, the Montana Department of Environmental Quality announced a proposed $5.1 million settlement to provide additional money for future cleanup work in Libby cleanup. The proposal is being opened for public comment, and must be approved by the federal judge handling the W.R. Grace bankruptcy case.
The D.E.Q. funds would be over and above the dollars contained in Grace's settlement with the E.P.A., which was given final approval by the judge yesterday.
DEQ says the money would be entirely earmarked for operations and maintenance once the E.P.A.'s main cleanup in Libby is finished.
Richard Opper, Director of the DEQ, noted, "Since Grace is already paying $250 million for cleanup costs here, we were not going to get a lot of additional funding through the bankruptcy. We are pleased that we were able to get at least a significant sum to help ensure that there is adequate funding to do this cleanup right."
Sandi Olsen, the DEQ Remediation Division Administrator, added, "The EPA settlement currently earmarks $11 million for operation and maintenance. This settlement increases that funding by over $5 million. Of course, operation and maintenance comes at that end of the process, so there should be a substantial amount of interest earnings to cover these costs as well."
The proposed settlement covers residential and commercial property cleanups in Libby and Troy. Certain areas such as the Zonolite Mine and the area around the mine, as well as Rainey Creek and the Kootenai River, are to be addressed separately.
The proposed settlement agreement and information about providing comment are available on the DEQ web site at www.deq.mt.gov, or through the DEQ's Superfund information line at 1-800-246-8198. Comments must be received by July 7, 2008.
