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Complaint filed over treatment of asbestos-laden buildings

Libby, Montana is a city that is steeped in asbestos-related despair. Once home to a bustling mine operated by W.R. Grace & Co., it was later discovered that the mine released asbestos into the air and sickened thousands of area residents with diseases like mesothelioma. Mesothelioma is a rare but aggressive form of cancer.

Now, Libby city council member D.C. Orr is at the center of another asbestos-related controversy. Orr contends that the Environmental Protection Agency demolished W.R. Grace and Co.-owned buildings that were contaminated by asbestos. Orr believes that the EPA should compensate Libby for the lost buildings and has been seeking this compensation since 2002.

“Paul Peronard (former EPA on-site coordinator) announced that he initiated an internal audit to look into my complaints in 2002,” Orr said. “What Paul Peronard did was he framed the debate in issues that weren’t pertinent.”

But government officials say Orr’s claims are without merit. “Regarding Mr. Orr’s 2002 complaint, we conducted a preliminary investigation and found that the allegations were unfounded and determined no additional action was warranted, so we closed out the complaint,” said John Manibusan of the OIG, located in Washington D.C. “We notified Mr. Orr in December 2004 of our determination.”

Orr is convinced that the EPA owes Libby $2 million dollars, and places the blame on county commissioner Berget. Berget responded to the allegations by saying, “What is the chance of six council members, the city attorney and the EPA all signing on and being part of this ‘corruption’ – why would they put their jobs on the line just for me to benefit?” Berget said. “How many people would have to be a part of this conspiracy?”

In February of 2009, the much-anticipated W. R. Grace environmental crimes trial ended, with the jury declaring that Grace and several of the company’s former employees were not guilty of conspiring to hide their knowledge of asbestos exposure in the town of Libby. Unfortunately, the residents of Libby will be dealing with the consequences of Grace’s negligence for years to come, as the latency period associated with mesothelioma and other asbestos diseases is typically 20 to 50 years. Those exposed to asbestos may not experience any symptoms of mesothelioma – cough, difficulty breathing, or fluid in the lungs – for several more decades.

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