Judge Dismisses Criminal Charge Against W. R. Grace

June 14, 2006 - In a partial victory for the defense, a federal judge in Montana weakened the criminal prosecution of W.R. Grace & Co., ruling that prosecutors “could not allege that the company and former top officials knowingly endangered miners and people in the town of Libby.”

U.S. District Judge Donald Malloy cited the statute of limitations in the case, concluding that the time allotted to pursue an allegation had run out, notes a report by the Associated Press. 

The defense has been attempting to get the conspiracy charge thrown out since February, when 7 W.R. Grace officials were indicted for conspiracy to conceal health risks in relation to workers who were employed at the company’s vermiculite mine in Libby, Montana.  Libby has one of the highest rates of mesothelioma and other asbestos-related diseases in the country.  Hundreds of mine workers and community members have been sickened and many have already died from exposure to dangerous tremolite asbestos.

AP writer Becky Bohrer notes that while the conspiracy charge itself remains, “the allegation that the defendants ‘knowingly endangered’ residents and miners is a major foundation of that conspiracy charge.” 

The trial is set to begin on September 11th though defense attorneys have been pushing hard to have the case delayed, citing the fact that they haven’t had adequate time to prepare due to the large amount of paperwork involved in the case.