August 25, 2006
United States prosecutors are seeking to delay the asbestos case against Grace & Company in order to appeal previous rulings that could hamper their case.
Asbestos Crimes
In one of the biggest environmental health cases ever pursued by the US Justice Department, Grace & Co. is accused of intentionally exposing former employees and residents of the Montana mining town Libby to asbestos fibers, violating the Clean Air Act, engaging in conspiracy to defraud the government, and obstructing the Environmental Protection Agencys subsequent investigations.
Grace purchased the Libby mine in the 1960s and continued to operate there for thirty years. Many experts argue that the company knowingly released deadly asbestos fibers into the air, threatening the health of both workers and residents in this community. Activists claim that asbestos fibers were spread from the mine to nearby playgrounds and schools.
Over the past few years, hundreds of Libby residents have developed lung problems and invasive cancers like mesothelioma, all thought to be attributable to the asbestos fibers negligently released by Grace &Co.
The Grace Case
The federal asbestos case against Grace & Co. was slated to begin on September 11, 2006. However, U.S. prosecutor William Mercer is requesting a delay, citing an appeal of three separate rulings that hamper the prosecutors case.
U.S. District Judge Donald Molloy has made three recent rulings that prosecutors say will prevent them from presenting critical evidence in the asbestos case against Grace. Last month, the judge threw out conspiracy charges against Grace due to the expiration of a statute of limitations. Two other rulings barred certain scientific evidence and asbestos samples from being admitted as evidence in the ongoing case.
Prosecutors have named the appeals a last resort effort in allowing crucial evidence to be permitted into this monumental case against Grace.
The U.S Court of Appeals will review the appeals before the asbestos trial proceeds.
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