U.S. Supreme Court rejects asbestos appeal

Published: June 23, 2008 at 9:39 PM
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WASHINGTON, June 23 (UPI) -- The U.S. Supreme Court Monday declined to hear an appeal by W.R. Grace & Co. over the company's alleged release of asbestos from a Montana mine.

By refusing to hear the case, the high court allowed a criminal case against the company and its executives to proceed, Legal Newsline reported.

W.R. Grace & Co. and six of its executives were charged in February 2005 with violating the Clean Air Act by knowingly releasing asbestos from a vermiculite mine in Libby, Mont.

The company -- based in Columbia, Md. -- has argued that the U.S. Environmental Protection Agency's definition of asbestos doesn't cover most of the substances taken from the mine.

The Supreme Court also declined to hear the separate appeal by W.R. Grace's executives, who could face prison sentences of up to 15 years if found guilty for the alleged violations, Legal Newsline said.

The U.S. solicitor general's office, which argues cases on behalf of the White House, urged the court to deny the appeal, arguing that the case has yet to go to trial.

The cases are W.R. Grace & Co. vs. United States, 07-1286, and Henry A. Eschenbach vs. United States, 07-1287.

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