W. R. Grace Defense Attorney Challenges Key Government Witness

MISSOULA, Mont. - In what many have called the industrial pollution criminal trial of the century, on Wednesday, March 25, a former Grace executive and key government witness, Robert Locke, was harshly cross-examined by Grace defense attorney David Bernick. The trial is the result of indictments against five former Grace executives that date back to 2005, when the Maryland-based chemical giant's executives were charged with conspiring to violate provisions of the federal government's Clean Air Act. The defendant's face up to 70 years in prison for covering up the fact that Grace's vermiculite mining operations near Libby, Montana had been responsible for exposing mine workers and Libby townspeople to dangerous levels of asbestos-a known cancer causing agent.

Locke is a former global vice president of Grace's building products division, and is named in the government's prosecution as an unindicted co-conspirator who has refused government offers of immunity in the case, but who has decided to testify against his former employer anyway. Locke also has a lawsuit against Grace, and defense counsel Bernick accused Locke of offering self-serving testimony against a company he has a personal grudge against.

"You're a Harvard MBA. You have personal knowledge about the facts in this case. You have a lawsuit of your own against Grace, and you have volunteered evidence in this case against Grace," Bernick said. "Correct?"

"Yep. It was time to stand up and do the right thing," answered Locke.

"You're part of a case that you would very much like to see prosecuted to success, right?" questioned Bernick.

"I can't answer that question without an explanation," countered Locke. "You're putting a spin on this."

Bernick has taken strong objection to Locke's testimony that Grace attempted to thwart a government investigation into the possible health hazards of the company's Montana mining operations. Locke further testified that Grace executives knew full well of the dangers of asbestos, yet decided to continue to expose mine workers and Libby citizens to the extremely hazardous material.

Asbestos exists in abundance in countries around the globe. It can be found in the ground or in above grade rock formations in a variety of chemical compositions, colors, and types. Asbestos is a naturally occurring silicate mineral that has been utilized by mankind for thousands of years, and from the late 1800s until the early 1970s, asbestos was widely prized by countless industries around the world. Asbestos has superior resistance to heat, electrical current, and corrosive chemicals; asbestos has a very high tensile strength as well, and for all these reasons and more, asbestos found its way into countless products from auto parts to soil aeration products to talcum powder.

In the early 1970s, scientists and health experts confirmed the fact that certain types of exposures to asbestos posed a significant threat to human health. When microscopic, airborne asbestos fibers are inhaled into the lungs, they become permanently imbedded in soft tissues where they can remain dormant and undetected for decades before causing the onset of serious respiratory diseases such as asbestosis and peritoneal mesothelioma, the latter being a particularly aggressive and lethal form of cancer. All of this, according to Locke, was well known by Grace executives when they literally coated every square foot of Libby with a layer of asbestos dust that has since been blamed for over 200 deaths, as well as approximately 1,000 asbestos-caused illnesses in the tiny mining town with a total population of less than 2,700 citizens.

Locke's testimony for the prosecution is buttressed by numerous internal memos and other confidential Grace documents he managed to remove from company files before he was fired in 1998. Locke stored his cache of Grace Company documents in boxes in his basement in case the day would come when he would need them, and government prosecutors say they're glad he did.

Beverly Hills Middle School Shuts Doors, Possible Asbestos Release

On March 19, Beverly Hills Middle School officials in Huntington, W. Virginia, closed the school after a renovation project was suspected to have released a small amount of asbestos.

According to William Smith, superintendent of Cabell County Schools, a contractor engaged in the renovation inadvertently drilled five ¼-inch holes in a ceiling known to contain asbestos.

The release is not considered a major incident under the Asbestos Hazard Emergency Response Act because the area itself is less than three linear feet, requiring only cleanup. Nonetheless, school officials felt that air sampling was essential to verify that there was no danger before pupils and teachers were allowed to return.

The school, located in the Cabell County School district, serves 555 students in grades 6 through 8 and has 38 teachers. Cabell County was created in 1809 from part of Kanawha County, W. Va., and buildings in the area are correspondingly old, meaning the discovery of asbestos - banned in 1989 - is not surprising.

Asbestos is a fibrous mineral that was used in insulation, floor and roofing tiles, tile glues and some acoustical ceiling panels up to the 1970s, when health officials began to recognize its dangers. The U.S. Environmental Protection Agency (EPA) banned most uses in 1989. Nonetheless, asbestos persists, especially in older buildings, where fibers - accidentally released - can cause a variety of illnesses, most notably mesothelioma, an almost incurable form of cancer that often doesn't manifest for three or more decades, by which time the prognosis is very poor. Most people who are diagnosed with mesothelioma die within 18 months.

The asbestos inspection contractor, Pinnacle Environmental Consultants of Hurricane, W. Virginia, reportedly took ten samples throughout the building, and then personally delivered them to an independent, third-party air-testing facility in Louisville for more extensive analysis.

According to Cabell County School Spokesperson Jedd Flowers, the tests demonstrated that air quality levels in the school were well within acceptable limits as established by the federal Asbestos Hazard Emergency Response Act (AHERA). The school reopened on Monday, March 23 and classes resumed their regular schedule.

"We're extremely pleased with the results we have received," noted District Superintendent William A. Smith.

"Not only were the tests within acceptable limits, they established that the air quality in the school was actually quite good. I feel completely confident the building is safe for our students and staff to occupy, and look forward to reopening the school on Monday."

Beverly Hills Middle School is one of the lucky ones. Many school officials do not know that the schools they work in, and supervise, contain asbestos. Other school districts have such poorly planned and badly implemented hazardous release protocols that the damage remains unassessed and unmitigated for days, even weeks, endangering both students and staff.

New Jersey Appellate Court Releases Body of Mesothelioma Victim

Superior Court Judge Phillip Paley, who denied Chrysler's March 3 request to prevent Harold St. John being buried, affirmed that decision again on March 12. Unfortunately, in the meantime, Chrysler had already gotten a ruling from a previous appeal and delayed the interment of St. John on the day of his funeral, with his widow and children in attendance to witness the travesty.

St. John, 67, was in the process of suing Chrysler, Honeywell, and a dozen other companies in Middlesex County court for what he charged was work-induced mesothelioma as a result of his employment as a brake mechanic in his father's Jersey City auto repair shop during the 1950s through the 1960s.

Asbestos is a fibrous mineral that was used in brake pads, insulation, floor and roofing tiles, tile glues and some acoustical ceiling panels up to the 1970s, when health officials began to recognize a pattern of illnesses. Asbestos fibers, inhaled, cause lesions which lead to a number of diseases, most notably pleural mesothelioma, an almost incurable form of lung cancer that often doesn't manifest for three or more decades, by which time the prognosis is very poor. Most people who are diagnosed with mesothelioma die within eighteen months.

St. John died on Feb. 28, mere days before the March 2 trial was due to start. During his funeral, a Chrysler company spokesman, Michael Palese, waited with a court order in hand. Immediately before St. John's body was placed in the ground, Palese presented his order, terminating the final disposition of St. John's body, to the horror and sorrow of family members, who say the move was a delaying tactic, since St. John had already undergone a lung biopsy while still alive.

According to Palese, the company didn't intend any disrespect, adding that the kind of evidence sought (by an autopsy) is the sort "regularly used by expert witnesses in asbestos lawsuits", and that numerous studies have "refuted the link between automotive products and asbestos-related diseases".

Both Palese and Honeywell spokeswoman Victoria Streitfeld extended their condolences, on behalf of their companies, to the St. John family. This did little to appease the outrage. Judge Paley's March 12 upholding of his earlier ruling, denying the autopsy based on the religious and moral objections of the St. John family, did.

This ruling, which said that the religious and moral objections superseded the company's need for information, pointed out that, had St. John lived to see his day in court, the companies would have had to proceed with their cases without the benefit of whatever medical evidence an autopsy provided. Thus their cases were not materially impacted by the lack of autopsy.

The panel advising Judge Paley's decision, St. John v. Affinia Group, affirmed on March 18 his negative autopsy ruling but not the religious objection portion, stating that mere assertion of an objection was insufficient and would "allow litigants to thwart completely and without justification a proper request".

However it was arrived at, the ruling seems a vindication for the St. John family, who can now bury their loved one, and for the American people. It is a clear rejection of corporate ruthlessness. Chrysler, facing bankruptcy, could surely have proceeded without the autopsy, and has now garnered the sort of PR likely to make future auto sales uncertain even if it survives bankruptcy.

Michigan Governor Wants to Halt State Asbestos Inspections

TRAVERSE CITY, Mich. - It's another sign of the current tough economic times. Michigan Governor Jennifer Granholm says her state can no longer afford the high cost of asbestos inspections of buildings that are slated for renovation or demolition. Asbestos is a known carcinogen that is commonly found in building materials used in the construction of older residential and commercial structures, and because of the extreme toxicity of the substance, proper handling and disposal of the material is critical when it comes to minimizing health risks associated with exposure to airborne asbestos fibers.

Anytime an older building is torn down or undergoes extensive renovations, the possibility of asbestos fibers being released into the environment is quite high. At the present time, Michigan's Department of Environmental Quality (DEQ) oversees an inspection program designed to alert builders to the presence of asbestos, and the agency is also responsible for the enforcement of strict asbestos handling and disposal regulations that call for substantial fines (and possible prison time) for intentional violators of those rules. The problem is, the DEQ's asbestos inspection and enforcement program is expensive, costing the state $350,000 annually, though, $100,000 of that amount is covered by a federal grant.

If Gov. Granholm has her way, as is outlined in her proposed budget, the DEQ will eliminate the asbestos inspection/enforcement plan and turn those duties over to the Environmental Protection Agency (EPA). Environmentalist critics of Granholm's plan say that the asbestos program is badly needed, and that they don't trust the EPA to do a competent job of protecting the public's health. Critics also say that $250,000 is but a tiny fraction of the DEQ's $341 million budget, and because of the extreme toxicity of asbestos, this is one of the last programs the state should eliminate to help reduce Michigan's projected 2010 deficit of $1.4 billion or more.

Asbestos was once considered to a wonder material because of its numerous desirable qualities. The naturally occurring silicate mineral is virtually fireproof, has a high tensile strength, superior resistance to harsh corrosive chemicals, excellent thermal and electrical current insulating characteristics and more. Asbestos can be found in the soil or in above ground geologic rock formations in countries around the world, and while asbestos exists in a variety of types, colors, and chemical compositions, certain types of exposures to asbestos in any form can pose a dire threat to human health.

Once embraced by countless industries, asbestos found its way into hundreds of products that many people continue to be exposed to every day. Asbestos was used widely by the building products industry, and millions of older structures in the United States were built using asbestos-containing materials. When many of these building materials are disturbed, microscopic asbestos fibers can be released into the air where, if inhaled into the lungs, they can cause serious respiratory illnesses decades after the exposure. Asbestos fibers can cause a number diseases, including malignant pleural mesothelioma, a deadly and incurable form of cancer.

DEQ spokesman Robert McCann says the agency has no choice. "You can discuss scaling it back, but at a certain point you can't do that anymore, and you have to cut entire programs," said McCann. "We don't want to do it. There's obviously a value in remediating the asbestos in these old buildings."

Proponents of the Governor's plan to eliminate the state program point to the fact that the EPA handled Michigan's asbestos-related functions for over a decade back in the 1980s, and only ceased doing so when the state volunteered to take over the federal government agency's duties. It remains to be seen whether or not Michigan's State House and Senate members will go along with the governor's budget recommendation.

Massachusetts Contractor Receives Hefty Fine for Asbestos Violations

WESTBOROUGH - Massachusetts contractors beware. When it comes to working with or disposing of asbestos-a known cancer causing agent-state and federal environmental agencies have little sympathy for those who knowingly and willfully violate the strict guidelines that govern the handling and disposal of the extremely hazardous material. This fact was borne out again when the Massachusetts Department of Environmental Protection (DEP) recently assessed a fine of over $18,000 against the Environmental Source Corporation (ESC), a Lawrence-based contracting firm that had been performing asbestos involved renovations on a structure in Westborough in April of 2008.

According to documents obtained from the DEP, the Lawrence contractor's workers, as part of a larger renovation, had been removing cementitious, asbestos containing shingles from a Westborough structure located at 245 Main Street. When DEP inspectors visited the site last April, they discovered numerous violations of state regulations that apply to asbestos related construction or demolition projects.

While the state calls for strict asbestos handling protocols, ESC workers at the Main Street site had followed none of them. Massachusetts regulations require that any individual who removes asbestos shingles from a structure must ensure that the shingles are kept wet, that they be lowered to the ground with great care taken not to fracture the shingles, and that they then be sealed in an airtight container that is properly labeled to warn others of its highly toxic contents.

Asbestos is a material that has fascinated and served mankind for thousands of years. Asbestos comes in a variety of chemical compositions, types, and colors, and it can be found in abundance in countries around the world. Asbestos is a naturally occurring mineral that can be mined from deposits below the earth or extracted from above ground rock formations. The material is characterized by a broad spectrum of unique properties: asbestos first fascinated ancient man when it was discovered that the material was virtually fireproof; asbestos has superior insulating qualities; the mineral is highly resistant to harsh corrosives and has a very high tensile strength.

For all the above reasons and many more, asbestos is a material that was prized by a wide variety of industries that used the material in countless products from building materials to automotive brake pads to baby powder. All that came to an abrupt halt in the early 1970s, however, after it had been confirmed that exposures to microscopic, airborne asbestos fibers posed a significant threat to human health. When asbestos fibers are inhaled into the lungs, they can remain there for up to 50 years before causing the onset of respiratory diseases such as asbestosis-a severe scarring of the lungs that results in significantly decreased respiratory function. Asbestos fiber inhalation is also the only known cause of pleural malignant mesothelioma, a highly aggressive, incurable, and always fatal form of cancer. For these reasons, the DEP took a very dim view of the fact that ESC workers were casually fracturing dry wall shingles as they removed them from the Main Street structure; workers then tossed the potentially lethal materials into open debris piles on the site. "You have to lower the shingles very carefully...you want to be sure they're not broken up in any way," said DEP spokesman Ed Colletta."

Lee Dillard Adams, Deputy Director of the Worchester DEP office said, "Licensed asbestos contractors are fully aware that the prescribed regulatory work procedures are critical to the protection of their workers, public health, and the environment. Failure to strictly adhere to all required work practices inevitably results in significant penalty exposure and escalated cleanup."

While ESC has been fined over $18,000, the contracting firm will be eligible to recoup up to $8,600 of that amount if they do not commit any further asbestos related safety violations in the state of Massachusetts for a period of one year.

Television networks band to fight cancer

On September 5, 2008, the three major television networks will join together with film, sports, and music stars for an unprecedented initiative to help raise money to contribute to research which will, hopefully, put an end to cancer's current status as a leading cause of death. The initiative will be called Stand Up To Cancer.

The networks will donate one hour of commercial-free primetime television to the cause, during which the fundraiser will be held. The initiative was announced by Charles Gibson, Katie Couric, and Brian Williams during live appearances on ABC's "Good Morning America," CBS's "The Early Show," and NBC's "Today Show."

"For people struggling with this disease, or those who will be diagnosed, scientific breakthroughs can be a matter of life or death -- literally. We want everyone to know that they can make a difference in this fight," said Couric. "Television is a notoriously competitive business. For the three major broadcast networks to join forces is a wonderful example of the power of working together, and we're very grateful to have the opportunity to reach people all over the country through this show."

"As a motion picture and television producer, I've learned how incredibly powerful these mediums can be in generating public discourse, sometimes almost overnight. Our goal with this initiative and TV show is to 'tip' the conversation in this country about cancer - to get people riled up, so they want to do something about the fact that it still takes so many lives," said Laura Ziskin, who will produce the September 5th broadcast. Ziskin is a cancer survivor.

"The statistics are staggering," Gibson said. "Cancer claims one person every minute of every day in the United States. Every year in this country, it takes the lives of more than half a million people...worldwide, cancer kills more than six million people annually. There has been progress on both the research and awareness fronts; as a result, there are over ten million cancer survivors in the US today. More work urgently needs to be done so that more people will survive," he said.

"Not only has cancer touched all of our media organizations in profound ways, but it has touched each of us personally. This extraordinary broadcast will serve a number of purposes - we'll share vital information with our viewers and hopefully raise funds that are so critical in the fight against this insidious disease," said Williams.

Asbestos delays school renovation

Madison County, GA - Renovations work at Madison County Middle School has been delayed after officials found asbestos in the building.

Fortunately, Superintendent Dr. Mitch McGhee said the delay won't be as long as they had originally been told. The initially estimation was that asbestos cleanup would hold the project back for two weeks and cost the school system about $200,000. However, upon further review, the delay is only expected to be for two to three days and cost $41,000 for abatement of the cancer-causing material.

Dr. McGhee was relieved to hear the new numbers, saying he felt like he was having a heart attack when he heard the initial estimates. According to the superintendent, students and staff were not at risk for exposure from the asbestos, and the school has hired a professional contractor to perform the asbestos removal.

The goal behind the renovation project is to transform the old MCMS building into a hybrid that will serve multiple purposes. It will house the central office as well as the Danielsville Elementary Colt Academy and the Madison County High School Freshmen Academy.

The construction crew performing the renovation work found floor tiles containing asbestos underneath carpet in the freshmen academy section of the building. The tiles were beneath layers of flooring that have been installed over the years since the building's construction in 1956.

Dr. McGhee said that although asbestos has been removed from the school before, they had no documented reports of these asbestos-laden tiles. He added that the school system is audited every three years for asbestos by a professional firm.