Posts Tagged ‘Libby’

Update as Grace trial continues

5 Mar 2009 by Wendi Lewis under Events, Legal, News

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

Hundreds have died in 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. In 1999 an investigation revealed widespread asbestos contamination in , and the began an effort to clean up the town, which continues today.

The story is receiving coverage from a number of media sources. The New Yorker called this the “most significant environmental criminal trial in American history.”

Early on, Judge Donald Molloy sparked anger in residents when he ruled that victim witnesses would not be allowed to sit in on the trial. Regular myMeso reader and contributor Mike Crill, a longtime resident of who has lost several family members to asbestos disease and suffers from asbestosis himself, was quoted in the Montana Kaimin when he and other residents staged protests outside the courthouse.

The Kaimin quotes Crill as saying, “So much for freedom of speech, huh? Especially when you’re the victims and you’re being told that you’re not the victims.”

There is a great blog site by writer Tristan Scott, who also is doing a comprehensive series on the trial for The Missoulian, that is detailing the goings on at the Grace criminal trial. The blog, Cops and Courts, which bills itself as a “criminal justice blog” even has transcripts from court proceedings.

The Missoulian also has a special site set up with lots of archival information about W.R. Grace and , Montana, as well as facts about asbestos, vermiculite mining and more. The site includes videos and slideshows as well.

Photo courtesy of Cops and Courts blog.


WR Grace trial continues in Montana

25 Feb 2009 by Wendi Lewis under Events, Legal, News

The criminal trial against W.R. Grace & Company began Monday in Missoula, Montana, and is continuing this week. The company is charged with knowingly exposing workers at its , Montana, vermiculite mine, and residents of the nearby town of to asbestos. The asbestos is found in vermiculite. Exposure to asbestos causes diseases including asbestosis, a scarring of the lungs, and mesothelioma, a deadly cancer.

Hundreds of people in have died as a result of asbestos exposure, and the (EPA) has established the town as a Superfund site, undertaking a number of cleanup efforts.

The trial is taking place in U.S. District Court in Missoula before a federal grand jury.

According to The Missoulian, which is offering daily coverage of the trial as well as a web site dedicated to the history of W.R. Grace and , federal prosecutors called their first witnesses yesterday. The news source says U.S. District Judge Don Molloy has ruled that testimony about asbestos releases must be limited to incidents after 1990, when the relevant criminal provision of the Clean Air Act was established, but the same year the operation shut down.

However, the Missoulian says, prosecutors are working to show that even after the mine’s closure, “normal human activity” in the town stirred up asbestos-laden vermiculite that now permeated the town.

On Tuesday there was some dispute about allowing Paul Peronard to testify as a government expert witness against Grace. Peronard was the EPA’s on-site coordinator in 1999, when the asbestos contamination situation in broke into the national news. He coordinated the asbestos remediation in .

However, the Missioulian says, defense objected to qualifying Peronard as an expert witness, saying he didn’t have much experience with asbestos prior to his work in .

Today the judge said he will allow Peronard to testify, but is limiting his testimony and expert opinions to his role in coordinating the cleanup, barring him as an “expert scientist in risk assessment, toxicology or mineralogy,” the Missoulian says.

Federal prosecutors had hoped to use Peronard as a key witness.

Grace and five former company officials are charged with federal conspiracy involving Clean Air Act violations and obstrcution of justice, related to whether or not they knew they were endangering their workers and the community of by mining asbesos-contaning vermiculite, and whether they were violating federal law.


Grace criminal trial begins with Libby victim outrage

19 Feb 2009 by Wendi Lewis under Events, Legal, News, Twitter

Jury selection is beginning today in Missoula, Montana, for the criminal case against W.R. Grace & Co. The company is charged with knowingly exposing workers at its , Montana, based mine, and residents of the town of , to hazardous asbestos. The asbestos is found in vermiculite, which was mined in for many years. Hundreds of people in have died as a result of asbestos-related diseases, including asbestosis and mesothelioma, and hundreds more are still suffering.

Local media Missoulian.com is covering the W.R. Grace trial extensively, and has created an EXCELLENT web site with tons of resources about the case, as well as about the town of , asbestos and vermiculite, the victims, the company, cleanup efforts and more. There are videos available as well. Visit the web site here: http://missoulian.com/wrgrace

The trial is being held in U.S. District Court in Missoula. 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 so a court date could be set.

I recently spoke with Mike Crill, and posted a poem on this site that he wrote in memory of his father-in-law, who worked in the Grace mines and died of asbestosis. Mike suffers from asbestosis as well, and he is an active and outspoken advocate on behalf of the town of and its residents. He believes that despite an EPA cleanup, the town is still dangerous because of the lingering threat of asbestos exposure.

When I spoke to Mike in January, he was optimistic, hoping a new President and administration would bring a fresh look at , and hopeful the criminal trial would bring justice to its people.

“I’m hoping 2009 will be the beginning of the end of all that’s been allowed to happen for so long, and I hope these people will be held accountable,” he said. “This is murder, to me, because they could have stopped it and they should have.”

Yesterday, Mike emailed me several times, upset by a ruling by U.S. District Judge Donald W. Molloy, who in an order last week said that there are “no crime victims identifiable” in the Grace case, essentially barring residents who are sick from asbestos exposure and serving as victim witnesses to attend the trial.

According to a news story written by Tristan Scott and published by the Missoulian, “Molloy drew his legal conclusion from an oft-evoked federal rule of evidence that prohibits witnesses from observing trial proceedings until their own testimony is complete.” The judge’s decision is based on a witness-sequestration rule, but it is usually not applied to witnesses who are the victims of alleged crimes.

The ruling excludes 34 witnesses from that prosecutors had intended to call from attending the trial in full. Judge Molloy’s order says witnesses in the Grace case are not protected under the Crime Victims Rights Act, which guarantees victims of an alleged crime to the right to participate in and observe the criminal justice process.

Basically, the judge is saying that these witnesses do not qualify as “crime victims,” and therefore are not immune from the witness-sequestration rule.

Mike was livid.

“Can you believe this??? I…am not a victim???” he emailed me from Missioula, where he is picketing at the courthouse. “I can’t participate in something that belongs to me and all my loved ones who suffered and died waiting for this, their day of justice?”


Longtime Libby resident Crill captures tragedy through poetry

23 Jan 2009 by Wendi Lewis under News, People

I recently spoke with Mike Crill, a resident of , Montana for more than 40 years. Mike has been diagnosed with asbestosis as a result of years of asbestos exposure at the W.R. Grace & Co. mine in . He has watched many members of his family suffer from asbestosis and mesothelioma as a result of years of exposure in the workplace and from widespread asbestos contamination throughout the town.

These days, Mike is an outspoken activist who lobbies for more thorough cleanup of and the surrounding countryside, or a quarantine of the town to protect future generations from exposure. I’ll have more about his mission in the next few weeks, but I wanted to introduce you to him through some of his writings.

Following is a poem that Mike created in memory of his father-in-law, Donald M. Kaeding, who was diagnosed with asbestosis in both lungs in 1999, and passed away on January 30, 2002.

Today I’m Told
By Mike Crill

Today I’m told I have asbestosis in both my lungs
and that I am being sent home to die because there is no cure and asbestosis
is my guarantee to death…

Today I am scared to what has become of me.
I no longer can run nor walk very far.
Life’s getting harder every day…

Today I’m saddened by those who love me as they try to hide
the truth and their pain, knowing I shall soon die and that
they will witness my every moment, until I die…

Today I feel so lost because my life depends on a tube that
pumps oxygen into my lungs to keep me alive. Knowing beyond
the end of that hose lies the end of my life…

Today I am mad because I can’t feed myself and someone has to
bathe me, dress me and change my soiled pants. It’s times like
these I wish I were dead…

Today I am in the hospital. I’ve become too much for my loved ones
to endure and I am crying inside because I know when I leave here
I’ll be in Heaven…

Today is the worst, no feelings in my hands and feet, both are
turning blue and non-stop morphine is all that’s left to ease
my pain…

Today I tried my hardest for my last breath, for my last
touch of a hand in mine, as the last words I heard and the last
words I spoke, “I love you…”

Today … I’m in Heaven. No pain for ever more. It’s really
beautiful here. And I shall await for you all to join me in
eternal life and love…God bless and Amen


W.R. Grace profits soar amid suffering

30 Oct 2008 by Wendi Lewis under Legal, News

W.R. Grace & Co. announced in mid-September that it had filed a Plan of Reorganization for the company with the U.S. Bankruptcy Court in Delaware. According to Grace Chairman, President and CEO Fred Festa, the filing was a step toward resolving the company’s asbestos-related liabilities and exiting its Chapter 11 bankruptcy status. A hearing on the company’s Disclosure Statement was set to begin this week.

As we have posted on this site many times before, W.R. Grace operated a vermiculite mine and processing plant in and near , Montana, from 1963 to 1990. The vermiculite was contaminated with high levels of asbestos, which affected the health of mine workers and just about everyone who lived in the town. Gravel and other scrap rock from the mine was scattered throughout the town of , used in construction of a running track at the school, lining flowerbeds, and underfoot on ballfields.

Hundreds of residents have died of mesothelioma and other asbestos-related illnesses as a result of their widespread exposure to the asbestos materials, and even more are sick with asbestos disease. In March, Grace agreed to pay $250 million toward government cleanup efforts in the town of . It is estimated that the has spent at least $168 million so far in removing asbestos-contaminated soils and other materials from the area.

Reaching beyond , which has been basically killed by asbestos, the vermiculite insulation that was manufactured by Grace is still a danger in thousands of homes, where it was used for years. Grace is currently accepting claims from homeowners who have the company’s Zonolite Attic Insulation (ZAI) in their homes, for reimbursement of asbestos abatement costs and other economic loss and property devaluation related to the presence of the asbestos-laden material. This action, which centers exclusively on property-related damages, doesn’t even touch the potential health hazard of having the substance in one’s home.*

While Grace sorts out its bankruptcy issues, the Baltimore Business Journal reported on Oct. 23 that the company has seen record profits in 2008, experiencing nearly 50 percent growth in its third-quarter earnings. The Journal reports the Columbia-based Grace (NYSE: GRA) enjoyed a 14 percent increase in sales since last year, with revenues topping $800 million. The report says,  “Grace’s pre-tax income from core operations, which factors out costs related to the company’s Chapter 11 bankruptcy, rose 6 percent to $82 million.”

The story quotes Grace Chief Financial Officer Hudson La Force as saying, “What’s really important is the condition of the financial markets in the middle of next year. We’re very focused on making sure when the time comes to make our exit, we have the financing in place to do that.”

Documents outlining the company’s Financial Reorganization Plan are available on the Grace web site at www.grace.com.

*PLEASE NOTE: TO LEARN MORE ABOUT FILING A ZAI CLAIM, PLEASE VISIT THE GRACE BANKRUPTCY CLAIMS INFORMATION SITE at www.graceclaims.com to download the forms necessary to file your claim. Deadline to file is OCTOBER 31, 2008.


CARD physician predicts mesothelioma epidemic

11 Aug 2008 by Wendi Lewis under News, Research/Treatment

An article published by the Daily Inter Lake, which serves Northwest Montana, reports on a new study by Dr. Alan Whitehouse, a pulmonologist affiliated with the Center For Asbestos Related Disease (CARD) in , Montana. Dr. Whitehouse’s study, published in the American Journal of Industrial Medicine, predicts an epidemic of mesothelioma cases in in the next 10-20 years.

Dr. Whitehouse, along with four other physicians including CARD’s Dr. Brad Black, studied 31 mesothelioma cases, including 11 cases not previously reported. The study focused specifically on non-occupational asbestos exposure, including exposure to contamination of the community, the surrounding forested area, and areas in proximity to the Kootenai river and the railroad tracks used to haul vermiculite.

It is estimated that more than 200 people in have died from asbestos-related disease, and CARD is following 2,000 additional asbestos cases. CARD primarily serves residents who were affected by the W.R. Grace-operated vermiculite mine, which was in operation for many years, and at high capacity from the 1940s to the 1970s.

Focus has recently shifted to include people suffering from asbestos disease and mesothelioma who never came into direct contact with the vermiculite mining operation. In June, the U.S. Department of Health and Human Services and the announced an $8 million grant to fund a five-year study of the effects of low-level asbestos exposure.


$8 million asbestos study in Libby

19 Jun 2008 by Wendi Lewis under News, Research/Treatment

After years of ignoring the dangers of asbestos, and the resulting nationwide epidemic of asbestos disease, including mesothelioma, there is a renewed interest in studying this deadly material. This week, the Billings Gazette announced the federal government will fund an $8 million study to understand the health effects of low-level exposure to asbestos. The study will be based in , Montana, where more than 200 people have died to date as a result of asbestos mining operations in the town, and hundreds more people suffer from asbestos related diseases.

The program, dubbed the Amphibole Health Risk Initiative, is funded by the and the Department of Health and Human Services’ Agency for Toxic Substances and Disease Registry. The study is expected to span 5 years with a goal of expanding knowledge about the potential and real health issues of asbestos exposure.

already has proved a tragically rich source of knowledge about long-term exposure to high levels of asbestos, as the EPA’s initial examination and cleanup of the town focused on miners with direct exposure to the substance in their jobs, as well as people who handled asbestos mineral and were exposed to asbestos dust secondarily on a daily basis.

But, the Gazette reports, too little is know about exposure to lower levels of asbestos. EPA officials hope that results of the study will benefit not only the residents of , but people throughout the country.

In April, the Minnesota state legislature approved $4.9 million for its own five-year study, to be conducted under the direction of the University of Minnesota, in connection with unusually high levels of mesothelioma affecting . A large question in the area is whether dust from the taconite mined there – a fibrous mineral similar to asbestos – could also cause mesothelioma.

A key part of the Minnesota research will be an examination of previous asbestos exposure among mine workers, which will expand the base of knowledge about the affect of asbestos on health, in addition to the new studies about the effect of taconite.

According to the Billings Gazette, among tests to be included in the study are a comparison of film and digital chest X-rays to determine which is best for assessing the lungs, a comparison of the health of people exposed to asbestos in childhood versus people who weren’t, an expanded evaluation of residents who were exposed to asbestos, an assessment of whether the health problems related to asbestos exposure extend beyond lung disease.

Researchers in also hope to make improvements to public health tracking systems and patient health record databases, to better link exposure information to health conditions, the Gazette reports.

Gayla Benefield, perhaps one of the best-known residents of for her early outcry about the health effects of asbestos on the people in her town, says she is happy to see an emphasis on research.

She was a charter member of the board of directors of the Center for Asbestos Related Disease (CARD), a not-for-profit clinic governed by a volunteer community board and devoted to healthcare, outreach, and research to benefit all people impacted by exposure to amphibole asbestos. She only recently retired from her position with that organization.

“This is something I’ve wanted from the onset – more study and more research,” she says. “I’ve been especially interested in how much or how little of the (asbestos) fiber can cause meso, and I’ve been really concerned about the schools having been contaminated.”

The key, Benefield says, is to detect mesothelioma at its earliest stage, when there is still time for treatment to prolong life. When people around her in began being diagnosed, she says, their mesothelioma was so advanced that many died within days of the diagnosis.

“We all – everyone in – live under the threat of developing mesothelioma,” she says. “They’re never going to get all that (asbestos) fiber out of , or anywhere for that matter, homes with asbestos insulation, so the research is the big thing. Any and all research having to do with mesothelioma is fantastic. A dream come true.”


The mental toll of mesothelioma

14 Apr 2008 by Wendi Lewis under Research/Treatment

The physical result of mesothelioma and asbestos disease are often all-too evident. People wracked with pain, coughing, unable to catch their breath. But what about the mental toll of this disease?

Perhaps one of the most interesting presentations at the recent Conference in Detroit, at least to me, was that of Rebecca J. W. Cline, PhD, a senior scientist in Communication and Behavioral Oncology for the Karmanos Cancer Institute and Associate Professor of Family Medicine at Wayne State University.

Dr. Cline recently conducted a community-based focus group investigation in , Montana, on psychosocial issues related to vermiculite/asbestos exposure. She also is currently leading a related population-based survey investigating that community.

She describes asbestos related disease as a “slow-motion technological disaster,” in which community and social responses have a great deal to do with how people fare, mentally and socially.

The basic definition of a technological disaster is a “catastrophic event caused by humans that results in the toxic contamination of the environment.” This includes asbestos contamination, as in , resulting from decades of vermiculite mining, hence “slow moving,” as well as things like oil spills, which can devastate an area fairly quickly.

is the epicenter of what Dr. Cline calls “the worst environmental disaster in the United States,” with multiple generations affected. She examined in particular how stigma associated with asbestos disease can have an impact on what people do.

Dr. Cline said there are two possible responses to technological disaster – the emergence of an altruistic community, or a community in conflict. The latter, she said, is common where there is human culpability, and it was the result in .

The study, conducted in 2006, included focus groups and some individual interviews with adults who lived and worked in the area for at least the past five years. Interview subjects included people with connections to the mine, people with no connections to the mine, people affected by asbestos disease personally, people with family affected by the disease, and people with no disease in family or person.

She found that people fell into three categories – early believers, those who immediately understood the connection of vermiculite to what was happening to the town; late believers, those who initially resisted the idea that the mine made people sick; and those in denial or conflicted, who still did not or would not believe the mine was responsible.

Dr. Cline found that there was a great deal of stigma attached to asbestos-related disease, which created a barrier to social support. People with mesothelioma or other asbestos-related diseases were often afraid to talk about it, she said, even to close friends.

She said that the stigma came from a variety of sources. Conflicts included concerns about the economic disaster that the loss of the mine signified for the town, for which it was the main industry and source of jobs and security. People feared that if the mine were blamed for illness and deaths in the community there would be a decline in property values, loss of jobs, and a lost way of life.

As a part or a result of that, conflict also grew from a concern about what was the truth. There was a suspicion among neighbors that people claiming illnesses were phony, money-grubbing, greedy or opportunistic, making up illnesses to get a part of a financial settlement from the mining company.

People suffering from asbestos disease personally or within their family were afraid to talk about it out of fear that they would be ostracized and shunned by their neighbors and their community.

Dr. Cline told the story of two women, best friends for years, who bumped into each other in the Center for Asbestos Related Disease, which had been established in to test, diagnose and treat patients. “What are you doing here?” one whispered. “I have the asbestos,” the other whispered back. “Me too,” came the whispered response. Best friends, but afraid at the core to admit to having asbestos disease.

On top of this, people who are ill or whose family members are ill fear the health and medical disaster itself, which was already upon them. They said they felt a lack of hope for survival, not just for themselves or their immediate family, but for generations.

Some of those in denial, or conflicted, still refuse to be tested for asbestos disease. They don’t want to know, Dr. Cline says, or they do not believe the mine could harm them.

There appears to be one universal in .

“Across the groups, people felt like the community as a whole had been stigmatized, that everyone ‘knew about ’ and it had been given a bad reputation,” Dr. Cline said.

In addition to the physical toll, the mental toll of asbestos disease in has been incalculable, she said.


South Africa is ‘Libby x 40′

10 Apr 2008 by Wendi Lewis under News

In international news this week was the support of a ban on asbestos and all asbestos products in South Africa.

News24.com reported, in a story compiled by the South African Press Association, that trade union Solidarity expressed its support for the ban, and called on the government to also amend its asbestos dumping requirements or find alternative options.

The union also said that South Africa “could have followed the example of the rest of the western world and enforced this prohibition years ago,” according to the news story.

A related story published by TransWorldNews on Monday, April 7, stated that “in newly published documents by the Department of Environmental Affairs and Tourism [in South Africa], specific regulations have been introduced upon the use, manufacturing, import, and export of asbestos and asbestos containing materials.”

The report says that while some asbestos containing products, such as existing concrete shingles and ceilings, will not be immediately eradicated, the regulations call for the “phasing out” of such materials.

While the move toward this asbestos ban in South Africa is a positive step, it may be too little too late, according to Robert Jones, an environmental researcher with Rhodes University, who recently completed a study of several areas closest to now-closed asbestos mining sites in South Africa. Jones was a speaker at the recent Conference in Detroit, Mich.

“South Africa is blessed with mineral resources – gold, diamonds, platinum,” he said. “And also cursed with mineral resources – asbestos.”

Between 1893-2001, South Africa mined all three types of commercial asbestos and was among the world’s leaders in asbestos mining and use.

Jones surveyed several communities within 2-5 km of the country’s largest asbestos mining sites, encompassing an area of approximately 7,000 square kilometers at each site. Assessment teams were made up of local people in the affected communities, and they targeted areas most suspect for contamination. Teams physically sampled soil and building materials from the locations.

While acknowledging that samples all came from high-risk areas where contamination was expected, the results were still staggering.

75-85% of homes surveyed are contaminated.

47-59% of schools are contaminated

53% of roads are contaminated

In many cases, the soil is blue with visible asbestos dust and clumps of asbestos fibers and minerals. Sports fields and schools are built on contaminated ground, and people build homes with mud bricks made from asbestos-contaminated soil. Some of the population has 24/7 exposure to contaminated soil. The ground is dry, and homeowners sweep bare ground into clouds of dust.

Jones likens the potential future of some of these areas of South Africa to “ (Montana) times forty.”


Grace agrees to asbestos claims settlement

8 Apr 2008 by Wendi Lewis under News

The Associated Press has reported that Monday (April 7, 2008) W.R. Grace & Co. “announced it has reached an agreement to resolve current and future asbestos claims against the company, which would allow it to emerge from bankruptcy without further obligations for asbestos injury.” The settlement is estimated at $3 billion in cash and equity, the AP reports.

W.R. Grace operated the vermiculite mine that is most notably associated with causing asbestos disease, including mesothelioma, in the town of , Montana, affecting generations of residents in that area.

The AP story reports millions of tons of asbestos-contaminated vermiculite ore were shipped from the mine near between 1923 and the early 1990s, reaching more than 250 processing plants across the U.S., where it was used in manufacturing insulation, fireproofing, gardening and other products.

According to the AP report, “Monday’s agreement calls for the company to pay $250 million in cash into a trust fund for asbestos victims, followed by deferred payments of $110 million per year for five years beginning in 2019 and $100 million per year for 10 years beginning in 2024.”

Companies formerly affiliated with Grace, including Sealed Air Corp. and Fresenius Medical Corp., also will contribute to the fund.

When Grace filed for bankruptcy in April 2001, it had been named in 110,000 asbestos personal injury claims. It is not known how many more claims may be filed after the establishment of the trust.

Attorneys representing said settlement amounts for plaintiffs there have yet to be determined, but they expect that each case will depend on the severity of injury resulting from asbestos exposure.

Judge Judith Fitzgerald, who presided over the settlement hearing, must still approve the agreement.

This announcement follows on the heels of an announcement in March that Grace would reimburse the $250 million for the investigation and asbestos cleanup in .

Read the complete story here, in the Flathead Beacon, which serves Western Montana and the Flathead Valley.