October 21st, 2006
The Supreme Court has turned down the appeal of WR Grace & Co. in relation to the clean up of asbestos in the mining town of Libby. Lower courts had deemed WR Grace responsible for all clean up works in the town, a decision against which the company decided to appeal. However, the appeal to the Supreme Court has been unsuccessful for the company.
The company operated a vermiculite mining plant in Libby for nearly three decades, and has been deemed liable for the removal of contaminated soil from the area. Justices at the Supreme Court rejected Grace’s appeal without comment.
The Environmental Protection Agency sued WR Grace in 2001, claiming that the company was responsible for all of the clean up costs for the contaminated soil in the area, as well as future costs. The Court of Appeals and a federal judge took the EPA’s side with regards to who should be responsible for the costs of the clean up.
The Appeals Court wrote: "The situation confronting the EPA in Libby is truly extraordinary. We cannot escape the fact that people are sick and dying as a result of this continuing exposure.'
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