Tuesday, February 08, 2005

Another fall from Grace

Look who is in trouble again - W.R. Grace, the global chemical company accused of contaminating drinking water in Woburn, Massachusettes, causing a leukemia cluster, various other illnesses, and deaths in the early 80s. The case against W.R. Grace and other defendants led to the book and movie, A Civil Action. The book and corresponding supplements were used during my 1L Civil Procedure class to illustrate elements of litigation. The story impacted me far beyond learning civil procedure, sparking my interest in civil litigation and tort actions.

According to a federal indictment unsealed Monday, W.R. Grace and Co. and seven high-ranking employees knew a Montana mine was releasing cancer-causing asbestos into the air and tried to hide the danger to workers and townspeople in Libby, Montana. More than 1,200 people became ill, and some of them died, prosecutors said.

Highlights, or lowlights, include:
* Top Grace executives and managers kept secret numerous studies spelling out the risk the cancer-causing asbestos posed to its customers, employees and Libby residents.
* Grace and Alan Stringer, former manager of the now-closed mine, are accused of trying to obstruct efforts by the Environmental Protection Agency to investigate the extent of the asbestos contamination beginning in 1999, when a study by the Seattle Post-Intelligencer linked asbestos from the mine to nearly 200 deaths and hundreds of illnesses.
* The EPA, which has never disputed the findings of the study, has since declared the area a Superfund site and has spent more than $55 million on cleanup so far.
* The company could face a fine of up to $280 million, twice the amount of after-tax profits the government alleges W.R. Grace made from the Libby mine.
* Several Grace officials have been indicted and face lengthy prison sentences.
* Of interesting note: Grace's chief legal counsel has also been indicted.

I wish I could say that I am shocked and appalled by this story. Grace should have been on notice, they should have learned something of the certain environmental and health consequences of their careless (at the very least) business practices after Woburn, even as the Woburn contamination was of a completely different nature than this one in Libby. Grace should have taken necessary measures to make sure their business was conducted in such a way that it did not kill people.

But I am not shocked. I am furious that this happened yet again with this particular company at the helm. Grace's history of conduct can only be described as outrageous and offensive. It appears that Grace officials were well aware of the consequences of their actions, just as too many profit-driven corporations are as they recklessly and intentionally destroy the environment and destroy lives for the almighty dollar.

I really hope they nail the bastards to the wall this time.