Blog-Bestos

W. R. Grace / Libby, MT Trial Update

Judge Molloy has ruled that over 30 witnesses suffering from asbestos-related diseases can not sit in the courtroom during the W.R. Grace trial.  The judge does not consider these people to be "crime victims", therefore they do not have the right to sit in the courtroom during the course of the trial.

W. R. Grace is arguing that a guilty verdict in the trial might jeopardize the centerpiece of Grace's bankruptcy reorganization plan: a $2.4 billion trust fund for people injured by the company's asbestos products.

This New York Times article contains a good summary of the history behind the Grace trial.

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With the trial now under way, news reports claim that the government has made a strong case that Grace officials were well aware of the asbestos danger associated with the tremolite from the Libby mine.

For the latest news from the trial, click here.

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The first week of April is now "National Asbestos Awareness Week," thanks to S.RES.57, a resolution passed by the U.S. Senate and supported by the Asbestos Disease Awareness Organization (ADAO). The move is designed to warn and educate Americans on the severe hazards of asbestos exposure.

The Smithsonian's asbestos problem -- A 27 year employee of the Smithsonian who was recently diagnosed with asbestosis has touched off a controversy over how the museum has been handling the asbestos in the museum.  The employee, Richard Pullman, alleges that he was never told about asbestos, and consequently never used protective equipment.

The Secretary of the Smithsonian, G. Wayne Clough, told a Congressional committee that the Smithsonian is safe, and has properly removed asbestos during routine repairs and renovations.  Experts have testified that the Smithsonian's written procedures for managing asbestos are sufficient.  Others say that those same procedures are insufficient.  Workers at the museum also allege that while the Smithsonian may have had proper procedures on paper, they were rarely implemented, and workers were not regularly warned about asbestos dangers.

In South Korea -- 11 out of 30 talc-based baby powder products tested positive for asbestos.  Chrysotile asbestos is a common trace contaminant of talc.

New Englander is First Female Added to EPA’s Fugitives Web Site - "Albania Deleon, former president of Massachusetts’ largest asbestos removal training school, has been added to EPA’s “environmental fugitives” Web site. Deleon failed to appear for her sentencing on March 23 at the Federal District Court, District of Massachusetts, and a warrant has been issued for her arrest.". 

Ms. Deleon was convicted of selling asbestos training certificates to hundreds of illegal aliens who had not completed the required training.

In Wales, mesothelioma rates were “far higher than should be expected” among teachers.  The reason for this is still uncertain.

The State of Wisconsin is offering a series of free seminars during the month of April explaining the state's asbestos rules.  You can download PowerPoint slides and other seminar materials from the website.

The toy manufacturer Planet Toys has recently filed for Chapter 7 bankruptcy as a result of a class action lawsuit that it faces over a toy ("CSI" crime scene fingerprint kit) whose talc-based fingerprint powder was allegedly contaminated with asbestos.

"Researchers from the UK have discovered that a drug called Anakinra, normally used for treating arthritis and gout, may be able to prevent asbestos–related diseases."

More concern over the health of nanotechnology workers, since the morphology of carbon nanotubes closely resembles that of asbestos fibers.

The US Supreme Court is currently hearing arguments in a case to determine if bankruptcy courts can lawfully prohibit asbestos victims from directly suing insurance underwriters (in this case, Travelers Co.) when their policy holders (Johns-Manville) are under bankruptcy protection.  More good information about this case here.

RELATED:  A Texas judge has just ruled that Fireman's Insurance Fund is responsible for paying claims related to mesothelioma and other asbestos related diseases, even though "asbestosis" is excluded from coverage.  Fireman's insured, Asarco, is currently in bankruptcy.

The limestone quarry near Helena, MT, used by the Ash Grove Cement Co., may contain tremolite asbestos.  The quarry has been closed pending further environmental tests.  Montana seems to have a lot of naturally occurring tremolite.

UPDATE: No asbestos was found in air samples, or in the finished cement products produced by Ash Grove.

UPDATE II:  Asbestos has been found in isolated areas of the limestone quarry.  "...the testing indicates the asbestos is present in the pit as 'isolated occurrences, due to geologic intrusions in certain zones of the quarry."

A former employee of Harrah's in Las Vegas is suing the entertainment giant and his union, Local 501 of the International Union of Operating Engineers, for $10 million after allegedly being exposed to asbestos during renovations at Harrah's and The Flamingo.  Both hotels were previously cited by OHSA for asbestos violations.

Hard times in Georgia -- "The U.S. Environmental Protection Agency announced today that it has assumed the responsibility for implementation of provisions of the Clean Air Act Asbestos Program in Georgia. Because of budget constraints, Georgia has discontinued asbestos inspections, complaint follow-up, and enforcement. By mutual agreement between Georgia and EPA, the State will continue to process notifications for asbestos renovation, encapsulation and/or demolition, issue asbestos contractor licenses, and approve asbestos supervisor training courses. EPA will conduct inspections and enforcement of asbestos abatement renovation, disposal, and demolition projects for commercial, public, industrial and certain types of multi-family residential structures."

RELATED: Michigan may also be defunding state asbestos regulation enforcement.  As with Georgia, the US EPA would take over asbestos inspections in Michigan.

Two Connecticut firms, Anderson-Wilcox Corporation and Cutting Edge Concepts II LLC, were fined $300,000 by the EPA for improperly removing asbestos-containing material during property renovations performed in 2002,

Asbestos management violations involving two Maryland private schools have been settled in court.  The AHERA law requires that all schools, even private schools housed in facilities owned by private or non-profit entities, must "develop a management plan for asbestos-containing materials, detailing procedures to prevent asbestos releases."

An overview of upcoming asbestos litigation trends (PDF).  According to the report, asbestos is currently the longest running mass tort litigation in US history.

The world's youngest mesothelioma survivor? --  Sophie Ellis, from Battisford in Suffolk, UK, was diagnosed when she was 13 years old.  Neither she nor her doctors are sure how, or if, she was exposed to asbestos.

The community around Asbestos, Quebec wants to change its name.

"Mesothelioma Cases Remain High for Military Veterans Exposed to Asbestos"

Property owners in Buffalo, NY who file asbestos abatement requests with the city have been summarily charged a $1000 "asbestos notification fee" by the city.  Residents are angry, stating that the city government is required to do very little other than notify the state government, a task that is certainly not worth $1000 per building.

Glass manufacturer PPG, which owns Pittsburg-Corning, has announced a new bankruptcy plan that would include the creation of a trust account funded by PPG and its insurers, to be used to resolve all future claims against Pittsburg-Corning involving asbestos exposure.  The trust will eventually receive $825 million in cash from PPG and another $1.2 billion from its insurers, as well as company stock.