The U.S. Ninth District Court of Appeals has ruled that criminal charges for “knowing endangerment” can be reinstated against W.R. Grace & Co. along with seven Grace executives. Federal prosecutors have alleged that, through the operation of its vermiculite mine between 1963 and the early 1990s, W.R. Grace and certain Grace executives deliberately exposed 8,000 people in Libby, Montana to dangerous levels of airborne asbestos, which has caused an epidemic of mesothelioma and other asbestos-related diseases. Last year, a federal district court judge in Missoula, Montana dismissed the knowing endangerment charges, ruling that the charges were barred by the statute of limitations. The knowing endangerment charges are the most serious charges the Dept. of Justice has brought against W.R. Grace and its executives, and a conviction could mean 15 years in prison for each count.
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