Steps taken towards Grace trial

On May 23, the Justice Department filed a response brief that might streamline the U.S. government’s trial against W.R. Grace over asbestos contamination in Libby.

The trial began three years ago, but has been delayed by pre-trial issues and petitions.

Company officials want the court to throw out one of the government’s charges that executives knew they were putting Libby people in danger from asbestos.

But the Justice Department filed its response brief, arguing that the high court does not need to review the case and defending both the asbestos issue, and the timeliness of the superseding indictment. Delays in the trial are particularly sensitive because witnesses and victims are dying of asbestos-related disease before they can be recompensed.

The court also is hearing other voices in this case. The National Association of Criminal Defense Lawyers, the National Association of Manufacturers and the American Chemistry Council. They filed a friend of the court brief on May 15, siding with Grace on the asbestos regulation issue. They argue that the Ninth Circuit court essentially set a double standard that can ignore federal regulations, and they say that will open the door to harsher prosecution of corporate defendants in Montana and the other states served by that circuit.

A vast majority of petitions to the court are rejected. If that happens, the trial of WR Grace actually might get back on a calendar.