UM Grace Case

Defense attorneys put 4 witnesses on the stand and introduced 14+ exhibits this morning to demonstrate how W.R. Grace acted to reduce dust and asbestos exposure at the Libby mine and mill over the years of its operation by Grace.

First was Randy Geiger, environmental engineer for Grace, who testified to Grace’s continuing and successful efforts over the years in reducing asbestos fiber exposure to Grace employees throughout the mine and milling operations.  Grace attorney Walter Lancaster performed the bulk of direct examination introducing many exhibits showing reduction of asbestos exposure due to Grace efforts from 1976 – 1985.

Carolyn Kubota next questioned Geiger. First she got Molly’s approval for use of a demonstrative exhibit, a drawing of the Libby mine and mill operation on foam board. Kubota then asked Geiger about a string of exhibits showing pollution control efforts undertaken by Grace and approved by her client, Jack Wolter. As each project was discussed Kubota circled the area in which improvements were made on the drawing. At the end of her questioning, with circles all over the map, Kubota asked her question: “What parts of the Libby operation were modified to reduce dust?” The obvious answer is exactly what Kubota got from Geiger: “Pretty much all of if.”

Last, William Coates, attorney for McCaig elicited from Geiger that McCaig’s position with respect to asbestos was to “minimize dust exposure to employees”, and that this was a top priority, even at the expense of production.

Government attorney McLean’s cross of Geiger seemed aimed at showing that even though Grace took steps at the site, it was not enough. While vacuums were set up to vacuum out the trucks between shifts, nothing was provided to clean worker boots before going home. While Geiger cooperated with NIOSH and MSHA studies, he failed to inform either agency about his tests on the running track. And while reductions in fiber exposures were demonstrated, there was still a 1982 worker cleaning rail cars prior to loading with vermiculite registering .38 twa, which is “pretty high” according to McLean.

Lancaster’s redirect elicited testimony that asbestos fiber exposures were reduced from .88 in 1979 to .14 in 1984, and to .004 – .009 by 1989. And in an attempt to negate McLean’s cross, asked Geiger if Grace ended the practice of loading box cars in 1982. Geiger reported that he didn’t remember.

The next witness called was Michael McCaig, son of William McCaig, who grew up n Libby and visited the mine and mill while his dad worked there. Elizabeth Van Doren Gray questioned McCaig in her southern drawl, asking about what schools Michael attended in Libby (all but one of them) and about how active his parents were in the Libby community. Final questions revealed that McCaig’s last position for Grace was at the Enoree, SC expansion plant, from which he was involuntarily terminated.

Bernick next called Dale Cockrell, attorney for Kootenai Development Corp, back to the stand. Bernick first reoriented the jury to the time period when Grace bought the stock of KDC from Owens and Wolter, thereby becoming once again the owner of the mine properties. Bernick’s questions seemed aimed at pointing the finger at EPA Region 8 personnel as having it in for Grace. Bernick’s last question was if Matt Cohen, attorney for EPA, knew about the potential sale of KDC to Grace. Cockrell answered yes, and that Cohen told him to go ahead with the sale as EPA wanted to deal with Grace.

The last witness of the morning was put on the stand for the sole purpose of introducing an August 1992 Draft Environmental Assessment report written in response to the plan for closing the Libby mine. Patrick Plantenberg, reclamation specialist for MT Department of Environmental Quality was one of the authors of the report, but Bernick did not question him about its contents. That he said would come later with another witness. A second piece of evidence was admitted, a report for file written by Aimee Taylor, MT Department of Health and Environmental Sciences with the subject of WR Grace Vermiculite Mine Road. Again, no questions were asked about the exhibit.

None of the last three witnesses were cross examined, and no redirect occurred.

Just before the noon break, and after the jury left the courtroom, the attorneys and Judge Molly discussed the remainder of the witnesses and the rest of the trial. The defense has 4 lay witness and 3 expert witnesses left to call and expects to close next Wednesday. Closing arguments could occur next Wednesday, Thursday or Friday. Further, finalization of jury instructions will occur in court and not in chambers as is usual. Molloy cited reasons of transparency for this decision, saying that in all his years as a judge and as a lawyer before that, this is the first time he has looked out at a courtroom and seen people in it.

Some discussion was had from the government and the defense as to when Ms. Coggon, outside attorney for Grace who was the source of information for the 104E response, would testify. She is ready to be called today, but the defense found out about her at midnight last night and wants more time to prepare. The final answer was that Coggon would testify at 3:00 this afternoon.

Witnesses to come:

Coggon– outside council for Grace; source of information in preparing 104E response

Corcoran – WR Grace employee

Moeller  – WR Grace employee

Larry Dolezal

Dr. Suresh Moolgavkar – epidemiologist

Dr. Richard Sellman – Missoula pulmonologist to discuss x-rays and refute Dr. Whitehouse’s testimony

Dr. Anderson – risk assessment expert

 –Janet Harrison (2:40 pm)