U.S. Seeks to Delay W.R. Grace Trial

August 28, 2006 - The U.S. attorney for Montana announced that he will seek a delay in the trial against asbestos manufacturer W.R. Grace, expected to begin on Monday, September 11th.

According to the Washington Post, William W. Mercer, attorney for Grace’s home-state of Montana, has cited a government appeal of three rulings by U.S. District Judge Donald W. Molloy that significantly hamper the prosecutions' criminal case as the reason for seeking the delay.

The much-anticipated Grace dispute is the largest environmental health case ever tried before the Justice Department, according to government officials.  Grace is accused of poisoning former workers and community members who worked in and lived near their Libby, Montana vermiculite mine.  They’re also accused of violating the U.S. Clean Air Act. 

The Libby mine operated for thirty years, beginning in the 1960s.  During that time, records show that Grace officials allegedly knew of the dangers of asbestos exposure but did nothing to protect workers or those who lived near the mine.   Literally hundreds of residents have been sickened with lung abnormalities, asbestosis, and mesothelioma, an aggressive cancer that attacks the chest cavity and lining of the lungs.  It’s only known cause is asbestos exposure. 

Activists say that asbestos fibers literally covered the town of Libby, reaching from playgrounds to the high school running track, according to the Washington Post article.  Yet prosecuting Grace has been met with one stumbling block after another.

Last month, the judge dismissed part of the conspiracy count against Grace, ruling that the statute of limitations had expired on one of the key issues. He allowed other parts of the case to move ahead.  Two other rulings in August essentially barred the government from using what prosecutors called "critical evidence," including asbestos samples and scientific analysis they had gathered. 

This was a hard blow for the Mercer and his prosecution team and they are currently seeking intermediate review by the U.S. Court of Appeals for the 9th Circuit before the trial can proceed.