UM Grace Case

  During cross examination of Frank Kover after mid-morning break, Defense attorney Bernick stated that W.R. Grace has consistently volunteered the latest and most up-to-date information to the Government.  He compared this flow of “breaking news” from Grace to the breaking news on CNN’s Situation Room with Wolf Blitzer.

Bernick countered the Government’s conspiracy charge by listing exhibit after exhibit of up-to-date “breaking news” correspondence between the EPA and W.R. Grace.

Bernick showed that by the 1970s, the EPA knew that vermiculite contained asbestos, asbestos could be airborne, and asbestos could be harmful to human health.  Letters from Grace to the EPA dated 1980 proved that Grace had corresponded with the Government, making specific references to asbestos-contaminated vermiculite.  In 1980, Grace provided exposure data from Libby homes regarding friability, air levels, and consumer products contamination.  One of the exhibits showed a 1980 initiative by the EPA specifically discussing the Libby mine’s exposure levels and risk estimates of the asbestos-contaminated vermiculite hazards.

Bernick concluded that by 1980, the EPA knew that the Libby asbestos-contaminated vermiculite contained potential hazards to human health.

After showing Kover each of these “breaking news” correspondences, Bernick gutted Kover’s direct testimony by leading Kover to agree that the prosecution team did not provide Kover with a complete and accurate picture of all the information available to the EPA and the information specifically provided by Grace.

Bernick argued that Grace brought itself into the “Situation Room” alongside O.M. Scott by continually providing the necessary data and “breaking news” to the EPA.   He illustrated this concept with Grace’s TSCA submission to the Government in 1983.  

With a blow to the Government, Bernick asked Kover, “How can there be a conspiracy to defraud [the Government] when Grace and the EPA had interacted 35 years ago about this very subject?”

                                                                            — Audrey Schultz (posted 1:35 pm)