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Defense: Government Knew of Asbestos Danger, Did Nothing

By Beacon Staff

MISSOULA – A defense attorney in the W.R. Grace & Co. trial introduced studies Thursday commissioned by the U.S. Environmental Protection Agency that indicate top government officials knew about the dangers of asbestos-tainted vermiculite in Libby decades ago.

The Missoulian newspaper reported the court proceedings on its Web site Thursday evening.

“It was not a secret that the defendant’s product contained asbestos,” said Thomas Frongillo, an attorney for defendant Robert Bettacchi.

Frongillo cross-examined Dr. Aubrey Miller, who went to Libby in 1999 as part of EPA’s emergency response team. On Tuesday, Miller testified about the grave health hazards associated with Libby’s contaminated environs, which the physician said posed an “imminent” danger to the community.

Frongillo Thursday cited EPA reports showing the government began investigating asbestos-laced vermiculite as early as 1980, and learned of its hazards to workers soon after. He said other studies occurred in 1982, 1985 and 1991 but the government did nothing.

Miller responded by reminding Frongillo that Grace, too, had knowledge about the health hazards associated with Libby vermiculite.

“If we had known what Grace knew from their studies we could have done more,” Miller said.

At issue in the Montana trial is whether Columbia, Md.-based Grace and five one-time company officials knew they were endangering the community of Libby by mining asbestos-laced ore, and whether they did so in violation of federal law.

Asbestos has sickened about 2,000 Libby residents and caused more than 200 deaths, according to attorneys for the residents.