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Archive for April, 2009

UN: Asbestos in War-Torn Gaza a Health Hazard

Thursday, April 23rd, 2009

The United Nations has raised concerns that the ongoing Israeli-Palestinian conflict may contribute to dangerous environmental and health risks.

Raw sewage leaks have become a problem, and basic repairs are difficult to complete due to the Israeli blockage of the area.

The U.N. Environment Program will dispatch a team of experts to Gaza on May 11. The team will assess the current situation of the area over the course of ten days. The team will conduct inquiries into the environmental repercussions of Israel’s war against Hamas. The team has also worked in Sudan and the Balkans.

According to Achim Steiner, the head of the agency, the team plans to closely examine the destruction of water and sewage lines, disposal of hospital waste and possible asbestos contamination of the rubble of thousands of destroyed and damaged buildings. The asbestos could break down into pieces small enough to become airborne. Inhaled asbestos could lead to diseases such as pleural mesothelioma.

Once they have assessed the asbestos risk, along with the rest of the damage, the team will make recommendations for a plan of action.

International aid officials believe any repairs or asbestos clean-up will have to wait until the blockade around Gaza is removed.

Israel and Egypt have kept Gaza virtually sealed off since a violent takeover by the Islamic militant Hamas two years ago. Israel launched a three-week offensive against Hamas in mid-January.

Israel has allowed food and humanitarian supplies to enter Gaza, but refuses to end the blockade until an Israeli soldier captured three years ago is returned.

However, the blockade is hindering repair efforts, as raw materials are prohibited from passing through the gate.

Humanitarian workers will have better luck with asbestos abatement and cleaning up raw sewage if the UN can put pressure on the Israelis to lift the blockade.

The issue of asbestos in Iraq is also a problem. U.S. soldiers stationed in Iraq may be exposed to asbestos while searching crumbling buildings or while repairing aging military vehicles, and the frequent winds make it all the more hazardous for U.S. military personnel in asbestos areas.

Prosecution in W.R. Grace Trial Calls Final Witness

Thursday, April 23rd, 2009

The prosecution has called their final witnesses in the federal trial against W.R. Grace & Co.

The company and five former executives are charged with knowingly exposing the community of Libby, Montana to deadly asbestos, and doing so in violation of federal law. Many residents of Libby have now developed asbestos-related illnesses, including mesothelioma.

One of the final witnesses was Dr. Richard Lemen, a former assistant surgeon general.

Lemen told jurors that asbestos-tainted vermiculite mined for decades in the town of Libby by W.R. Grace posed “an imminent risk” to the public.

Grace attorney David Bernick said the doctor was “alone in his theory” and that the words imminent danger could not be found in a peer-reviewed, published study on the Libby asbestos contamination.

Lemen acknowledged that Bernick was correct.

The trial has been colored by the events of last Friday, where attorneys for the defense argued that the case against Grace should be dropped.

Defense lawyers in the W.R. Grace & Co. trial have been outspoken with their harsh criticisms of the prosecution. The defense alleges the misconduct of federal prosecutors is symptomatic of a ruthless Justice Department, and has urged Judge Molloy to dismiss the case.

Robert Locke, a former Grace employee, is believed to have fabricated testimony and possibly perjured himself. Locke left the company and now has a lawsuit pending against the company, which may cause his testimony to be invalidated.

On Friday, Judge Donald Molloy finally agreed with that argument, stating “The man is lying. There is no question in my mind. The guy is a liar.”

Defense Attorney Thomas Frongillo stated “It’s appropriate that the Justice Department recognize the improprieties and dismiss all charges against my client and do it right now. In the interest of justice, the United States Department of Justice ought to step up to the plate and do the right thing.”

Asbestos Discovered During Library Renovations

Wednesday, April 22nd, 2009

During renovations to the The Union Township Library in New Jersey, workers found asbestos in the building. The asbestos is likely to delay the renovation project, as the asbestos will need to be removed before ongoing renovations to the heating and air conditioning units can continue.

The library is housed in a building over 50 years old, and renovations to the heating and cooling system are needed because of flaws in the system. The heating and cooling system were often in need of repair.

A $450,000 upgrade to the library’s outdated chiller, cooling tower and electrical system began in October, but the project has slowed since asbestos was found in pipe insulation.

Asbestos testing was completed prior to the start of the project by an environmental engineering firm.
The firm found some of the deadly substance in the building and it was removed.

As workers prepare to complete a few additional mechanical upgrades, the engineering firm has found more asbestos in the insulation lining the piping in the basement mechanical room. Asbestos is also present in the heating and air conditioning units.

The asbestos has been declared non-friable, meaning it is less likely to break down into smaller pieces and become airborne. Airborne asbestos can be inhaled, leading to diseases such as pleural mesothelioma.

Asbestos was once commonly added to materials such as tiles, roofing, pipe and furnace insulation materials, and even paint.

The township is currently accepting bids for the asbestos abatement. The winning bid will be selected on April 28th, and it is hoped the asbestos abatement will be completed by June 1st.

Public Meeting Tonight to Discuss Asbestos Issues at Ash Grove Cement

Wednesday, April 22nd, 2009

As asbestos testing wraps up at the Ash Grove Cement Company just outside of Helena, Montana, the community of Montana City has become concerned that asbestos could pose a health risk to the whole community.

Residents are concerned about the possibility of one day developing asbestos cancer as a result of exposure.

To address any possible public health and safety risks, a public meeting will be held to discuss the medical and environmental impact of the asbestos found at the Ash Grove Cement Co.

Both the Department of Public Health and Human Services, and the Department of Environmental Quality are hosting the meeting. The meeting will include state and local officials, as well as representatives from the Ash Grove Cement Co., and the U.S. Mine Safety and Health Administration.

The meeting is open to the public, and Ash Grove employees are encouraged to attend. The meeting will be held Wednesday, April 22 at 6:30 pm, in the Montana City School gymnasium.

A few weeks ago, a tremolite sample taken from the Ash Grove Cement Company quarry outside of Helena, Montana, was confirmed to contain asbestos.

The testing was completed by the federal Mine Safety and Health Administration.

The asbestos has been found in isolated areas of the limestone quarry owned by the company.

The Ash Grove plant has been closed since March 16, when the tremolite was first identified. Workers have been sent home, and were paid in full for a short period of time following the closure. Workers will not be allowed to return to work until all testing is complete.

In one of its naturally occurring forms, tremolite is a form of asbestos that can cause damage to the lungs if inhaled. Inhaled asbestos fibers pierce the walls of the lungs and cannot be removed. Asbestos inhalation has been linked to conditions such as asbestosis or mesothelioma.

Tremolite is associated with vermiculite, one of the forms of asbestos found in Libby, Montana. Asbestos contamination and subsequent health issues in the community is the central issue of the ongoing W.R. Grace Company federal trial.

Texas Senate Passes New Asbestos Bill

Monday, April 20th, 2009

In the Texas Senate, a bill has passed that many believe will expose thousands of additional businesses to asbestos lawsuits.

Senate Bill 1123, authored by state Sen. Robert Duncan of Lubbock, TX, relates to the standards of causation in mesothelioma claims.

The Senate approved the bill in a 20-11 vote, despite unified opposition from the business and legal reform community. The House version of the bill is pending.

The bill is supported by trial lawyers and labor unions, whose clients and members are usually lawsuit plaintiffs claiming asbestos exposure in the workplace.

Many Texas businesses are opposed to the bill, as they are increasingly being named as defendants in asbestos cases.

“The personal injury lawyers’ motive to expand asbestos litigation is simple: Now that reforms have clamped down on junk science asbestos lawsuits, personal injury lawyers are looking to expand the pot of money up for grabs by suing anyone, even if they’re not at a fault,” stated Chip Hough, a critic of the bill. Mr. Hough is chairman of the Bay Area Citizens Against Lawsuit Abuse.

The bill, if made into law, will reverse the current burden of proof system in asbestos cases. Rather than placing the burden of proof on the plaintiff, “The new statute, instead, will place the burden of proof on a defendant to prove that a limited exposure to asbestos attributable to the defendant did not cause the plaintiff’s mesothelioma.”

Critics the bill will undo the 2007 Texas Supreme Court decision, Borg-Warner Corp. v. Flores, which required plaintiffs to not only prove exposure to the defendant’s product but also prove that the dose was sufficient to be a substantial factor in causing mesothelioma.

Stimulus Money in Vermont Will Not be Used for Asbestos Removal

Monday, April 20th, 2009

The U.S. Environmental Protection Agency has announced that it has granted nearly $20 million to the state of Vermont.

A portion of the money will go towards cleaning water supplies, while the remaining millions will be allocated to deal with emissions from diesel engines.

The bulk of the money pay for improvements in public drinking water by reducing the amount of pollution that enters the environment.

Conspicuously absent from the list of environmental improvements is asbestos abatement. Other states have planned to use their EPA grants for asbestos abatement, including Montana.

Asbestos made headlines in and around Vermont only weeks ago, after suspicions were raised that 5 people had developed asbestos-related disease and died. All five Vermonters lived near an abandoned asbestos mine in the northern part of the state.

Officials now believe the people contracted the diseases at their places of employment, and not from proximity to the mine. However, an earlier study found that residents who lived near the abandoned mine had higher-than-normal rates of asbestosis, a chronic inflammatory disease which scars the lungs and can lead to respiratory failure.

The asbestos issues in Vermont mimic those of the town of Libby, Montana, home to the now-closed W. R. Grace vermiculite mine. A number of residents – many that worked in the mine before it closed – have developed asbestosis, lung cancer, mesothelioma, and chronic respiratory issues.

Despite an alleged lack of action on the part of the state of Vermont, the story has brought the dangers of asbestos to the forefront of environmental awareness in the state.

Asbestos is the only confirmed cause of mesothelioma cancer. When inhaled, the toxic asbestos fibers can work their way into the soft tissues of the body, leading to a variety of asbestos-related diseases.

Asbestos can be found in buildings, landfills, and abandoned properties all over Vermont.

In fact, a 1979 survey of Vermont schools found that 75 percent of the buildings constructed between 1946 and 1974 contained the deadly carcinogen.

Across the country, over 30 million residences contain asbestos in the form of attic insulation and other building materials.

Firefighters Won’t be Charged with Arson, Conspiracy

Monday, April 20th, 2009

A district judge in Pennsylvania has dropped arson and other charges against two firefighters and a local businessman. The judge stated that he felt there was insufficient evidence to prove their actions put the public in serious danger of asbestos exposure.

The three defendants were accused of allowing a house that contained asbestos to be used for a fire training exercise by the McDonald, PA Volunteer Fire Department last year.

When released into the air, asbestos can drift onto neighboring properties. If inhaled, the asbestos fibers can work their way into the soft tissues of the heart, lungs, or abdominal cavity. In some cases, asbestos exposure leads to mesothelioma.

District Judge Jay Weller dismissed arson, conspiracy and risking a catastrophe charges against Mark Slack and Dale Csonka after a 6 hour preliminary hearing. Judge Weller also dismissed the same charges against Thomas Krenn, but did not dismiss the charges of unsworn falsification to authorities and tampering with public records.

Judge Weller said that the office of the state attorney general has provided sufficient evidence to show that Krenn may have forged state Department of Environmental Protection burn permits.

Both Krenn and Slack were assistant chiefs with the McDonald fire department, but both men have since been placed on leave. In general, firefighters are considered to be among those at an increased risk of developing an asbestos disease, such as pleural mesothelioma, due to the fact that they are likely to come into contact with the substance while on the job.

The state attorney general’s office accused the three defendants of burning down the asbestos-filled house over a year ago in March, 2008. The burn was part of a training exercise.

Judge Weller stated that although there was asbestos in the air, he did not believe there was sufficient proof that the toxic asbestos was launched into the air. Weller said that if any asbestos had become airborne, the level of exposure would not have been a “major” catastrophe.

W. R. Grace Trial Continues

Monday, April 20th, 2009

This past week, attorneys for the defense in the W.R. Grace asbestos trial have accused the prosecution of intentionally presenting false and misleading testimony. The defense also believe key evidence has been withheld, which could discredit one witness.

“I think the fundamental integrity of this trial has been irreparably tainted,” said Thomas Frongillo, the attorney representing former Grace executive Robert Bettacchi.

The defense attorneys are now hoping to convince Judge Molloy that the prosecution should be ordered to produce the correspondence between one federal agent and all government witnesses prior to the start of the trial.

Allegations of misconduct were first brought to the attention of Judge Molloy during the testimony of Robert Locke, a former Grace executive who testified that he worked to government studies about the health hazards at Libby’s vermiculite mine.

The small town in Montana has allegedly been contaminated with asbestos dust over the course of several years. Many residents of the town have now developed asbestos-related diseases, including mesothelioma.

Libby is one area that has experienced an increase in asbestos-related illnesses as a result of secondhand exposure to asbestos. In recent years, the number of women diagnosed with pleural mesothelioma and other asbestos diseases have increased due to this type of exposure.

Locke testified the he had been offered immunity in exchange for his testimony, but turned down the offer. Locke testified that he just wanted to “do the right thing.”

But defense attorneys now believe Locke’s motives were anything but honest. A letter from special agent Robert Marsden urged Locke to reject the immunity offer because it might damage his credibility with jurors.

Other documents promised Locke that he would not be prosecuted.

Defense Attorney Krakoff is outraged, stating “This gentleman understood exactly where he stood with the government…He wasn’t going to be prosecuted. He was part of the team from the beginning.”

Judge Molloy then scheduled a hearing to be held on Friday to examine the other possible links between witnesses for the prosecution and federal agents. The hearing will also decide if Locke’s testimony should be struck from the record.

W.R. Grace Trial Update: Company Obstructed Health Studies

Saturday, April 18th, 2009

A former health expert testified on Tuesday that top W. R. Grace officials obstructed government efforts to study the health risks associated with Libby vermiculite.

“We had been very frustrated by the delay that they had caused in our getting the study under way,” said Kathleen Kennedy, a former epidemiologist for the National Institute of Occupational Safety and Health (NIOSH).

Kennedy said she went to work for NIOSH in 1979 and was assigned to study the vermiculite mined at Libby, Montana, by W. R. Grace. This request came down from the Mine Safety and Health Administration (MSHA).

According to MSHA, several workers at an expanding plant in South Carolina had been diagnosed with “bloody pleural effusions” in their lungs. One of the substances those workers had been exposed to was vermiculite mined in Libby.

“The primary purpose was to find out if there was a health hazard caused by the exposure to vermiculite so that workers could be protected if that was the case,” Kennedy said. “We determined that the most useful first place to begin looking at exposures was in Libby, Montana.”

A great number of Libby residents are suffering from asbestos diseases, some from mesothelioma cancer. A doctor who testified earlier in the trial stated that he diagnoses approximately one person per day with an asbestos-related illness, such as asbestosis and other respiratory ailments.

But when Kennedy and her research team contacted Grace to inform them of the study, they were met with resistance.

“They told us that they did not want us to do it,” she said. “They did not give us any documents.”

The defense attorney clarified the W. R. Grace company stance on this issue, stating that the officials refused the testing because it was identical to studies that had been conducted in the past by NIOSH and other government agencies.

Defense attorney Bernick stated that the proposed testing by NIOSH in 1979 was unnecessary, as the company had made steps to control asbestos releases at the Libby mine after a series of inspections as early as the 1960s.

Former Grace Environmental Engineer Testifies

Friday, April 17th, 2009

A former environmental engineer for W.R. Grace & Co. testified on Monday that he collected asbestos-tainted air samples at the high school track in Libby, Montana. The former engineer, Randy Geiger, collected the data by running laps at the track while wearing a monitoring device.

Geiger worked with his wife to collect the samples. He administered the test after W.R. Grace had donated waste from its Libby vermiculite mine for the running track’s foundation.

“I didn’t have a lot of time to come up with a method,” Geiger said. “I can remember putting on my track shoes from my high school days and going out. I was in front and my wife was behind me and I tried to kick up a little dust.”

Geiger and his wife ran on the track for 30 minutes while wearing an air pump to collect the samples.

The engineer then submitted the results to a lab, where it was discovered that high concentrations of harmful asbestos fibers were present.

Inhalation of asbestos is linked to illnesses such as mesothelioma.

Based on those results, Grace Supervisors asked Geiger to determine whether removing the asbestos or replacing the track would be more cost-effective. The track was ultimately paved over with blacktop in 1981.

U.S. District Judge Donald Molloy told jurors not to consider Geiger’s testimony as proof of an asbestos release, or as proof of whether the release caused endangerment.

Because the Clean Air Act’s criminal provision did not exist prior to 1990, Judge Molloy stated that the testimony of Mr. Geiger could only speak to whether or not Grace Executives lied about the dangers associated with company activities.