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March 13, 2008Libby, MT: (Mar-12-08) The US Department of Justice (DOJ) and the US Environmental Protection Agency (EPA) brought charges against W.R. Grace, that filed for bankruptcy protection in 2001 because of asbestos poisoning claims. The global chemical company allegedly owed money for the federal cleanup of a Superfund site. The DOJ stated that the agency along with the EPA has been removing asbestos-contaminated soils and other materials in and near Libby, MT since May 2000.
The suit against W.R. Grace was filed in March 2001, mostly seeking to recover monies spent by the government in its investigation and cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as the "Superfund" law. Records show that in earlier verdicts in 2003, the federal district court in Montana awarded EPA more than $54 million for cleanup costs incurred by EPA through Dec. 31, 2001.
The lawsuit also named Kootenai Development Corporation, a Grace subsidiary, as a defendant due to its ownership of three contaminated properties in Libby. Grace, headquartered in Columbia, MD, owned and operated a vermiculite mine and processing facilities in and near Libby from 1963 to 1990. The vermiculite ore was contaminated with asbestos. Experts have shown that asbestos is a recognized human carcinogen, known to cause lung cancer and mesothelioma, a lethal tumor in the lining of the chest and abdominal cavities.
As part of a settlement reached in the recent claims, sources said that the now bankrupt company has agreed to pay the federal government $250 million, making it one of the biggest payouts in the history of the Superfund program. Federal officials said that the money will be used to reimburse the government for the costs of the investigation and cleanup of asbestos contamination around its mining operations in Libby.