As part of its look back at the year 2009, the Missioulian newspaper spoke with residents of Libby, Montana, the “poster child” for mesothelioma and other asbestos related diseases. Libby and its people have been decimated by asbestos exposure from the vermiculite mine that for generations operated in the town. Even those who did not work in the mine were affected, as asbestos dust blanketed the town, spilled from trucks and railway cars, and asbestos particles were used as landfill throughout the town.

W.R. Grace & Company operated the mine. In 2009, the company and several of its officers were brought up on criminal charges, but a jury returned a verdict of “not guilty.” Many following the trial closely said the government botched its case against the company, and others argued Grace’s deep pockets simply outpaced the efforts of a handful of government lawyers.

The aquittal was another in a long line of emotional blows for Libby residents, who hoped to see W.R. Grace finally brought to justice for the devastation of their hometown, their families and loved ones. Generations of Libby residents have already died of mesothelioma, and many more are currently suffering from mesothelioma, asbestosis, lung cancer, and a host of other ailments caused by longterm exposure to asbestos.

On June 17, the U.S. Environmental Protection Agency finally declared a public health emergency in Libby. This designation – the first of its kind in American history – will allow the government to increase funds to provide for medical treatment for Libby residents, and for research into asbestos disease. According to the Missoulian, Libby has already received $6 million, which is designated for patient screening and care, and the town is set to receive an additional $2 million for health care and home care assistance. The paper reports the asbestos health care clinic – the Center for Asbestos Related Diseases (CARD) – and the local hospital are planning expansions.

At the beginning of December, a series of town hall meetings were held, hoping to address important questions about safety and health, including whether or not the government’s clean-up efforts are truly making any difference.

For residents who already have seen husbands, fathers, brothers, sisters, husbands and wives die terrible deaths from asbestos disease, it is too little too late. They try to remain strong, but they are angry, and sad, and it’s hard to hold onto hope.

Read the full article by Missoulian reporter Micheal Jamison.

A series of stories in the Daily Inter Lake, which serves Northwest Montana and which initially broke the story about widespread asbestos contamination of the town of Libby, Mont., in 1999, is featuring a series of stories about the town. The feature is related to a recent town hall style meeting organized by the University of Montana, which is seeking to get clarification from the U.S. Environmental Protection Agency (EPA) about just how much toxicity remains in the town.

The town hall meeting, which was held Dec. 6, featured a panel discussion about the deadly fallout from town’s vermiculite asbestos mine, which was operated for years by W.R. Grace & Company. Even those who didn’t work in the mine were exposed to asbestos, as dust from the mine covered the surrounding area, railroad tracks and roads used to transport the materials. Asbestos was even used as filler for gardens and ballparks.

According to the Daily Inter Lake report, more than 300 deaths have been linked to asbestos exposure from the vermiculite mine. A special health clinic established by the EPA after the story broke about the widespread asbestos disease affecting Libby area residents is currently treating about 2,800 patients with varying levels of asbestos disease.

Dr. Brad Black, who oversees patient care at the clinic, called the Center for Asbestos Related Disease (CARD), says it’s impossible to really determine how many people have been affected by asbestos in Libby, because around 80,000 people “came and went in Libby while the mine was operating,” the paper reports.

Because of the long latency period of asbestos disease – which includes conditions such as asbestosis, a severe scarring of the lungs that impedes lung function and limits breathing, and mesothelioma, a deadly cancer that affects the lining of the lungs or, more rarely, the abdomen or heart – which is sometimes as long as 30 or 40 years, Black estimates cases will continue to emerge well into the future, through the year 2030.

Since the asbestos contamination of Libby was brought to light, it has been a roller-coaster ride for area residents. The EPA has spent more than $206 million to date to clean up residential and commercial properties. In June, Libby was declared a public health emergency, which is the first time the agency has made such a determination under the 1980 Superfund law. This will allow more money to be put into the town’s cleanup efforts.

However, there are still lingering questions about just how effective these cleanup efforts really are. The EPA has divided the Libby Superfund site into eight geographical units, and has so far only completed cleanup on two of those units. However, some scientists argue that the type of asbestos affecting Libby – amphibole – is much more toxic than chrysotile asbestos, and that cleanup efforts are being conducted using old research on the wrong type of asbestos.

The Daily Inter Lake reports that EPA officials have admitted they are using toxicology assessments from 1985 data on less toxic asbestos, not Libby asbestos. This is despite a more recent study completed in 2003, which “established exposure benchmarks for mesothelioma and lung cancer based on asbestos epidemiologic studies,” the news agency reports.

According to the paper, federal government risk assessment standards say cleanup efforts are necessary when there is evidence of one death per 10,000 people. In Libby, where the population is around 10,000 people, there have already been 31 deaths just from mesothelioma. This doesn’t even take into account the suffering and death from other asbestos-related diseases.

The asbestos contamination also has been a see-saw on the legal front. In May, W.R. Grace & Co. and several of its top leaders were acquitted of criminal charges related to the widespread asbestos disease affecting its residents. Nearly 800 people still have pending civil suits against the company, which have been delayed by bankrupcy claims on the part of Grace. The company is expected to emerge from bankruptcy in January.

Testimony resulting from the bankruptcy trial in October revealed that there is a 59 percent probability of death for Libby residents exposed to asbestos dust.

“No other place on the planet has that,” the Daily Inter Lake quotes attorney John Heberling, who is representing asbestos clients.

This is a fascinating and tragic series of stories, and I encourage you to visit the Daily Inter Lake online to read the full series. It includes a feature on Gayla Benefield, who, along with compatriot Les Skramstad, began the campaign to expose the Libby contamination and lobby for justice for the town. Here are just a few of the links:

What is a safe dose for Libby?
What’s next for Libby?
Asbestos victims try to stay upbeat
Advocate’s work for asbestos victims spans 35 years
Grace lawsuit claimants still in limbo

The Asbestos Disease Awareness Organization has announced registration is now open for its Sixth Annual International Asbestos Awareness Conference. The conference is scheduled for April 9-11, 2010 in Chicago, Ill. This annual event brings together renowned doctors, scientists, researchers and asbestos victims and their families in a united forum for asbestos awareness, education and collaboration. Each year the event coincides with national Asbestos Awareness Day, April 1.

In addition to providing educational information, advocacy support, a special remembrance ceremony and networking opportunities, each year the conference honors individuals or organizations that have demonstrated outstanding work and dedication to asbestos awareness related activities. ADAO has announced this year’s honorees:

• The Honorable Richard Durbin, United States Senator – Tribute of Hope Award
• Dr. Hedy Kindler – Selikoff Lifetime Achievement Award
• Center for Asbestos Related Disease (CARD), Libby, Montana – Tribute of Unity Award
• Fernanda Giannasi – Tribute of Inspiration Award
• June Breit (posthumous) – The Alan Reinstein Memorial Award

At the conference, the ADAO also will announce the recipient of the Warren Zevon “Keep Me in Your Heart” Memorial Tribute.

“I’ve received countless requests for my father’s song, ‘Keep Me in Your Heart,’ to be used at memorials for asbestos victims,” said ADAO Spokesperson Jordan Zevon. Jordan is the son of Warren Zevon, acclaimed singer and songwriter, who died of mesothelioma in 2003. “You can imagine how proud it makes me to know that my father’s Grammy winning song has touched so many families, but it is bittersweet because of the nature of those requests. In his honor, I will continue to work with ADAO to ban asbestos to spare future generations from the same fate.”

“As we get closer to a full asbestos ban, we are encouraged, yet simultaneously reminded that the reverberations of asbestos exposure can last decades,” said Linda Reinstein, Co-Founder and Executive Director of ADAO. “Our annual conferences drive home the importance of the need for increased awareness, education and research.”

Additional conference details are available on the ADAO web site, and online registration is available at http://www.adao.eventbrite.com.

The International Asbestos Awareness Conference is made possible with the support and collaborative efforts of the Barbara Ann Karmanos Cancer Institute and the International Ban Asbestos Secretariat (IBAS).

There is news this week that underscores the fears of our good friend Mike Crill, who has been so personally affected by the asbestos contamination in Libby, Montana. Mike has been concerned about how contamination from the W. R. Grace vermiculite mine in Libby, which operated for years in that town, would actually affect the entire country as a result of the product being exported to factories across the country, for use in making Zonolite insulation.

This week, a story in The Republican reports the U.S. Environmental Protection Agency will provide assistance to an Easthampton, Mass., town to clean up soil that is contaminated with asbestos. The affected land is the former site of a vermiculite insulation factory operated by W.R. Grace. Although the facility closed 20 years ago, it has left a legacy of danger for residents.

According to The Republican report, Grace shipped more than 250,000 tons of vermiculite ore from its Montana mine to the Easthampton factory over a period of about 40 years.

The cleanup comes as a result of city plans to extend a scenic trail into the area, and also hopes to install a new sewer line. According to The Republican, the cleanup effort involves a span of about 1,000 feet that would be the location of the trail extension and sewer project. It is estimated that soil may have to be removed to a depth of 6-12 inches, although the EPA is still examining the area.

Asbestos exposure is linked to mesothelioma, a deadly cancer that affects the lining of the chest and lungs, or, more rarely, the abdomen or heart. The only known cause of mesothelioma is asbestos exposure. There is currently no known cure for meso.

There is an interesting opinion column published in the Saturday, May 16 issue of The Billings Gazette, urging Montana residents to beware of asbestos danger. The piece, published in the wake of the W.R. Grace & Co. trial, which acquitted the vermiculite mining company of criminal responsibility in the contamination of the town of Libby, Montana, warns of widespread vermiculite danger throughout the state, and beyond.

Penned by Bruce Ingraham, a resident of Butte and president of the Asbestos Contractors and Consultations Association of Montana, the column points out that vermiculite asbestos mined in Libby was shipped throughout the state of Montana and across the country by railcar. He notes that nearly 90 percent of mesothelioma cases reported in Montana occur in communities along the railroad lines, where, he says, “literally trainloads of vermiculite were used as attic or wall insulation in your home or your neighbor’s home.”

Mesothelioma is a deadly cancer most often affecting the lining of the lungs, but which also may in rarer instances affect the lining of the abdomen and/or the heart. It is solely caused by exposure to asbestos. There is currently no proven cure for mesothelioma.

Among the materials Mr. Ingraham includes on his list of asbestos hazards are boiler pipes, floor tile, linoleum, popcorn texture, ceiling tile, drywall compound, plaster and window putty. He notes that asbestos is present in many construction materials even in structures built as late as the 1990s.

Part of the problem in Montana, he says, is that compliance with the state’s Department of Environmental Quality Asbestos Control Program (ACP) is voluntary when it comes to residential projects, and that there is widespread noncompliance. Homes and apartments with less than four units are exempt from asbestos regulations, Ingraham says.

On its web site, the ACP says that the State of Montana has a specific homeowner asbestos exclusion rule for homeowners conducting renovation or demolition projects. Under this rule, homeowners are not held to the state’s asbestos abatement laws as long as asbestos-containing materials will not affect anyone besides the owner himself, or anyone outside the homeowner’s private property.

The ACP notes that the exclusion rule only applies to the homeowner, and does not extend to any contractors hired by a homeowner. According to the ACP, “Contractors who conduct demolition, renovation, remodeling, or asbestos abatement activities in a home are obligated to follow OSHA regulations and other applicable regulations. According to OSHA, the contractor must exercise due diligence by inspecting for asbestos to determine whether materials that will be impacted contain asbestos.”

But because compliance is not required on residential projects, these regulations are very often overlooked, Ingraham says. All too often, he says, the presence of asbestos is ignored by homeowners and contractors, and as a result, hundreds of Montana workers are exposed to asbestos without their knowledge, he says.

“In some Montana communities, the noncompliance rate for asbestos is 90 percent,” Ingraham writes.

Reuters news service reported on Friday that W.R. Grace & Co. stock value jumped 36 percent following the company’s aquittal on criminal charges. The company, along with seven of its executives, had been on trial since Feb. 19 in the U.S. District Court in Missoula, Montana.

A federal grand jury charged the company and executives in February 2005 with knowingly exposing workers at its vermiculite asbestos mine, and residents of the nearby town of Libby, Montana, to deadly asbestos fibers. A June 2008 Supreme Court decision upheld the grand jury’s findings and allowed the case to proceed to trial.

However, on Friday, May 8, a jury aquitted the company and five of the executives of all criminal charges. Two company executives had already been dismissed during the trial proceedings.

Asbestos exposure is linked to serious health problems, including asbestosis, a severe scarring of the lungs, and mesothelioma, a deadly cancer that affects the lining of the lungs and, more rarely the stomach and/or heart. Studies of former W.R. Grace & Co. miners, and residents of nearby Libby, have indicated that 227 people have died to date from asbestos disease, and there are more than 1,800 active cases of asbestos disease. Of that number, 77 deaths are attributed to secondary, non-occupational exposure, affecting people who never worked in the mine.

W.R. Grace & Co. is based in Columbia, Maryland, and is worth $945 million, according to the Reuters report. The news agency reports the stock value has now doubled in 2009, at $13.06 per share, after a four-year low of $2.96 in November.

Libby, Montana, residents were devastated Friday afternoon when a jury returned a judgment aquiting W.R. Grace & Co. of criminal charges regarding its asbestos mining facility in the town. The case began in 2005 when a federal grand jury handed down an unprecedented indictment, alleging a 30-year conspiracy to defraud the government and knowingly endanger the residents of Libby. The indictment alleged Grace company officials knew they were exposing Libby workers and residents of the nearby town to asbestos fibers, and that they knew the exposure posed a dangerous health risk to those workers and residents. Grace denied the claims, saying they were diligent in efforts to protect workers and to meet government regulations for managing the substance.

Asbestos exposure causes serious disease, including asbestosis, a severe scarring of the lungs that worsens with time and impairs the ability of its victims to breathe, and mesothelioma, a deadly cancer that affects the lining of the lungs and, more rarely, the stomach and heart.

According to the report in The Missoulian, statistics compiled by the Center for Asbestos Related Disease (CARD), located in Libby, indicate that to date 227 community members have died from asbestos disease, and there are more than 1,800 active cases resulting from exposure to the deadly fiber. The newspaper notes that “the study also attributes scores of deaths to non-occupational asbestos exposures, and finds that 77 people who never worked at Grace’s mine in Libby have died of asbestos disease since 1998.”

David Uhlmann, who is former chief of the Justice Department’s environmental crimes section, who was instrumental in developing much of the early indictment against Grace, said the Government’s case against Grace was severely limited by the court, which did not allow much of the evidence to be presented to the jury. This included some of the most incriminating internal memos, he said.

The Post quotes Uhlmann as saying, “The verdict is a fair reflection of the evidence that jurors were allowed to hear. But the question that hangs over this case is what would have happened if the government were allowed to present all of the evidence that it had amassed in this multi-year investigation.”

According to a report in The Washington Post, in a court filing the government acknowledged it “has committed discovery violations in this case,” which led to many rulings excluding its evidence and weakening its case against Grace.

The Missoulian reported the reaction of two Libby residents familiar to our readers – Gayla Benefield, who was perhaps the first to raise the outcry about the dangers of deadly asbestos in the town, said the company has “gotten away with murder.” And the paper quotes our friend Mike Crill, who worked in the asbestos mine and has lost family members to asbestos related disease and suffers himself from asbestos disease.

The Missoulian says Mike cried upon hearing the verdict. The paper quotes him: “What did they die for? What am I dying for?” Crill sobbed. “They are guilty of killing us.”

The W. R. Grace & Co. criminal trial continues in Missoula, Montana, but this week two executives on trial for environmental crimes have been dismissed from the case. Robert Walsh was dismissed Monday, and William McCraig was dismissed from the case Thursday morning. Judge Donald Molloy is presiding over this case. Defense attorneys have been seeking to have the entire case dismissed for prosecutorial misconduct, but on April 29 Judge Molloy issued an order not to dismiss the case.

The trial began Feb. 19 in U.S. District Court. A federal grand jury charged W.R. Grace & Co. in February 2005, along with seven of the company’s executives and managers. In June 2008, a Supreme Court decision upheld the grand jury’s findings and the court date was set. The company and its executives are charged with knowingly exposing workers at the Libby, Montana mine, and residents of the town of Libby, to hazardous asbestos.

The asbestos is found in vermiculite, which was mined in Libby for many years. Hundreds of people in Libby have died as a result of asbestos-related diseases, including asbestosis, a severe scarring of the lungs, and mesothelioma, a deadly cancer that affects the lining of the lungs and, less commonly, the stomach and/or the heart.

W.R. Grace defense lawyers are currently presenting their case to the court. It is estimated that the case will go to the jury by the end of next week.

If you are interested in following this case, there is an excellent blog site, Grace Case, which is a joint project of the School of Law and the School of Journalism at the University of Montana. The site provides reports from the courtroom from either a news or legal analysis standpoint, depending on which students are filing the posts.

Law.com, an online publication of Incisive Media providing legal news and information, recently featured a story highlighting a unique program at the University of Montana, in which journalism students and law students are covering the W.R. Grace & Co. criminal trial currently underway in Missoula, Montana.

Students are blogging at an original site, dubbed The Grace Case Project, as well as posting updates on Twitter under the name UMGraceCase. Journalism students write as news reporters covering the story as the jury hears it, while law students, all in their second or third year, explain the “legal nuances and strategies of the trial,” Law.com reports. The blog features an icon of a quill pen when the post is from a journalism perspective, or the scales of justice when written by a law student.

The criminal trial against W.R. Grace & Co. began Feb. 19 at the Russell Smith federal courthouse. The company, along with former company officials, are charged with conspiracy, obstruction of justice and knowing endangerment of the Clean Air Act. The government says Grace knew its vermiculite mine in Libby, Montana, produced dangerous asbestos that put the health of its workers and the nearby townspeople at risk.

Hundreds have died in Libby as a result of exposure to asbestos, suffering a number of serious asbestos related diseases including asbestosis, a serious scarring of the lungs, and mesothelioma, a deadly cancer that affects the lining of the lungs and/or the abdomen.

A report posted yesterday by The Daily Mirror, a publication in the United Kingdom, features an interview with Barbara McQueen, widow of legendary actor Steve McQueen, who died of mesothelioma in 1981. The actor was exposed to asbestos while in the Marines, Barbara recalls, when assigned the duty of cleaning asbestos-lined pipes.

The Mirror is spearheading what it calls the Asbestos Timebomb Campaign, to raise awareness of the danger of asbestos exposure and to call on the British government to take action in preventing it. The news agency has a list of five demands as part of the campaign:

1. Establishment of a £10 million National Centre for Asbestos Related Disease to find better treatment, alleviate suffering and work on cures.
2. Reinstate compensation for victims of “pleural plaques” – scars on lungs caused by asbestos – after it was abandoned two years ago.
3. Secure fair and equal compensation for asbestos disease sufferers who can’t trace the insurers of the bosses who exposed them, through a new Employers’ Liability Insurance Bureau paid for by the insurance industry.
4. Establish a public register of all asbestos surveys carried out on public buildings.
5. Provide the government’s Health and Safety Executive with the resources to meet the department’s own targets for inspecting asbestos removal work.

In a statement published by The Mirror, Barbara said, “I commend the Mirror for its watchdog efforts in leading the charge regarding asbestos exposure. My husband’s death was a long and painful ordeal, and I can readily identify with those who have been exposed to asbestos as well as their loved ones.”

She said that at the time Steve McQueen was diagnosed with mesothelioma, it was widely reported in the media simply as lung cancer. Many people are still unaware that the actor actually died as a result of asbestos exposure, she said.

Ironically, Barbara now lives in Montana, an hour’s drive from Libby, the site of the largest known asbestos contamination in U.S. history. The poisoning of Libby is linked to the vermiculite mine that operated there for years under the W.R. Grace & Company.

The company and some of its top officials are in the midst of a criminal trial to determine if it knowingly exposed mine workers and nearby residents to deadly asbestos.