Peronard takes stand in federal Grace trial

The Western News

Editor’s note: The Western News is reporting on the case against W.R. Grace & Co. through the University of Montana’s School of Journalism and School of Law. Reporters contributing information to the story in this edition included Chris D’Angelo, Laura L. Lundquist, Kelsey Bernius, Nate Hegyi, Will Grant and Alex Tenenbaum. For their continuing online coverage, go to: blog.umt.edu/gracecase .

Former Libby Team Leader Paul Peronard of the Environmental Protection Agency took center stage late Tuesday and Wednesday during the W.R. Grace & Co. trial in Missoula.

Kevin Cassidy, attorney for the prosecution, questioned Peronard on Wednesday afternoon about what he saw at the mine site in November 1999 when he visited Libby for the first time.

Peronard said he recalled clearly seeing vermiculite in the area upon his arrival.

Included in Peronard’s testimony were several pieces of evidence, including aerial photographs of different sites around Libby.

Peronard was asked about the mine’s former screening plant site, which at the time had been operating under the Parker family as Raintree Nursery.

“It was all very dusty … you could see the dust sort of going in and out of the buildings,” Peronard said.

Peronard testified that a number of large piles of vermiculite ore could be seen around the orchard area of the nursery. He also recalled seeing one of the Parker’s grandchildren playing with vermiculite during his visit.

Despite vermiculite being abundant all over Libby, Peronard testified he and others took no precautions during their tour of the operation.

“I didn’t think I needed to,” he said.

Following his initial visit to Libby, Peronard testified that he returned home and began formulating a plan for an investigation – one he said must include both environmental sampling and medical research.

Peronard had undergone hours of questioning regarding his status as an expert. In the end, Judge Donald Molloy ruled that Peronard would not be allowed to testify on scientific details but he was found credible to testify as an expert through his role as on-site coordinator.

On Tuesday, the government called seven witnesses from Libby. After dozens of objections by the defense, Molloy forbade the prosecution from questioning witnesses about releases of asbestos prior to 1990 – the year the Clear Air Act went into effect.

Since asbestos-related diseases have a latency period of many years before showing symptoms, witnesses heard in the courtroom were likely exposed in early childhood – well before 1990.

Kelly Cannon, 42, took an odd job during the summer of 1992 driving dump trucks for a company hired by Grace to haul vermiculite from the mine to the screening and export plants.

“When you dumped your load it would blow everywhere,” Cannon said.

Kelly O’Brien, 45, bought his childhood home from his parents, and lives there today. Before the EPA cleaned it up in 2007, the attic, walls and basement were filled with vermiculite insulation. He said that as a kid, he would find unexpanded vermiculite in his basement, take it outside, put a match to it and watch it pop.

O’Brien was barred from testifying about his use of the middle-school track as a student, which was laid with vermiculite, because that constituted a release before 1990 and was ruled, after an objection, irrelevant.

Dean Harried, 44, was unique in that chest x-rays showed asbestos-related disease in only the left lung. The defense used that fact to cast doubt on what exactly he has, asking whether it was possible to breathe asbestos fibers into just one lung.

Harried, with a genuine “aw shucks,” said he didn’t know.

The defense asked all three witnesses if they’d worked with automotive brakes, which are known to contain asbestos. All three had, but the defense did not ask whether they thought their lung problems might be related to their work with brakes instead of their exposure to vermiculite.

Cameron Foote and Vernon Riley, who both worked at a Libby lumber mill, testified about their experiences with exposure to asbestos. Riley’s wife, a lifelong Libby resident who never worked at any mill or mine in Libby, was also exposed to asbestos and died of mesothelioma in 1998.

Wendy Challinor testified that her stepfather worked at the Grace mine and came home from the mine dusty. She believes she was also exposed through everyday activities – she ran track at the high school and frequented areas near the mine to socialize and attend parties.

The vermiculite, she said, was everywhere and at times was even a diversion.

“We put it in our mouth,” she said, unaware of the health threat posed by the ubiquitous mineral.

She has since been diagnosed with pleural hardening and thickening.

Mike Nelson said he collected firewood near the mine and went hunting with his father where he remembers seeing trees covered in dust. Nelson has also been diagnosed with pleural plaque and gets short of breath easily.

While Nelson never worked at the mine, he worked in Libby as a general laborer and believes he was exposed, like everyone else in the community, he said, through contaminated outdoor air.