W.R. Grace and six of its former executives face criminal charges relating to the operations of Grace’s vermiculite mine in Libby, Montana. They are accused of conspiring to hide the dangers of the asbestos that was released and distributed in Libby, which has injured or killed at least 1,200 area residents. A conviction could mean up to a $280 million fine for the company and up to 15 years in prison for the individual defendants.
Grace contends that the tremolite asbestos that came from its mine was not defined as “asbestos” under the Clean Air Act during the years the mine operated, so the company shouldn’t be prosecuted under the Act. The trial court agreed with Grace, but the U.S. Court of Appeals for the Ninth Circuit disagreed, allowing charges against Grace and the individual defendants to go forward. W.R. Grace now wants the Supreme Court to hear the case.
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