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Day of reckoning at hand for Grace

| February 9, 2005 1:00 AM

A trio of Libby residents shivered with reporters on the courthouse steps in Missoula Monday to hear it for themselves: W.R. Grace & Co. and seven of its past and present executives have been federally indicted.

"It's a good feeling to hear it publicly said," said Norita Skramstad, who is sick with asbestosis, allegedly caused by Grace. Her husband, Les, who worked at Grace's Libby vermiculite mine, is dying of the disease. Their children are also affected.

They are some of the alleged victims of what documents describe as the company's disregard for the lives and health of its employees and the people of Libby - and a concerted effort to cover up the risks.

U.S. Attorney Bill Mercer filed the indictments, alleging endangerment, conspiracy and obstruction charges, and wire fraud.

For people like the Skramstads, the indictments put the label on Grace's actions that they have sought from the beginning - criminal.

The Environmental Protection Agency has spent about $90 million so far cleaning up the mine site and other locations contaminated with tremolite asbestos. The asbestos fibers can be inhaled, causing lethal and progressive lung injuries.

About 1,200 people who have lived in Libby are suffering from some kind of asbestos-related health problem.

Not all of them worked for Grace, which operated the mine from 1963 to 1992. Some were exposed to disease just by living in the same house as a miner who brought home contaminated dust on his clothing or in his vehicle. Grace also used tainted tailings from the mine on the school track, at an elementary-school ice rink, and on roads.

The indictments are, like any indictments, only allegations. Grace and the individual defendants have denied any criminal wrongdoing, and it will be up to the justice system to sort it out.

Even knowing that, it is difficult to read the indictment as it details Grace's purported steps to cover up the risks it allegedly knew it was inflicting on workers as early as the 1970s. It is unthinkable that a company would sacrifice employees and their families for profit, but that's the picture the indictment paints.

Take, for example, a 1980 memo reportedly written about how to stave off a federal epidemiological study of Libby as health concerns there intensified.

The memo lists options for Grace, ranging from "obstruct and block" to "apply influence via congressmen, senators, lobbyists, or others to get it turned off."

Imagine reading that memo years after having a loved one diagnosed with an asbestos-related illness.

Or consider a 1982 Grace memo which, according to the indictments, said, "Our major problem is death from respiratory cancer. This is no surprise."

These and other chilling revelations are contained throughout the 49-page indictment.

It was people like the Skramstads who pushed for criminal action against Grace over things like that. Their determination in seeing justice served was rewarded with Monday's criminal charges.

When the indictments were announced on Monday, "We wouldn't have missed it for the world," Norita Skramstad said.