Paul Tassin  |  December 21, 2015

Category: Consumer News

danger-asbestos-lawsuitThe EPA is framing its asbestos cleanup of a Montana mining town as a success, although concern remain regarding hundreds of properties left out of the cleanup and the possibility that more asbestos may be left behind.

The town of Libby in northwest Montana has been undergoing a through asbestos abatement project conducted by the EPA to remove asbestos that came from a nearby vermiculite mine that is now shuttered. Asbestos-tainted waste products from that mine were also used in and around Libby as construction filler and as an additive to gardening soil.

Residual asbestos from the vermiculite mine is estimated to have caused as many as 400 deaths and 3,000 cases of exposure-related illness. Since then, the EPA has conducted a $540 million asbestos abatement project in Libby and the surrounding area.

The cleanup removed more than a million cubic yards of contaminated soil and building materials from over 2,000 properties and the nearby town of Troy. The agency now says residents of Libby and Troy can keep living where they are without excessive exposure.

However, the agency was unable to get access to about 700 properties in the town due to a lack of cooperation from the properties’ owners. Others have also criticized that the cleanup left asbestos underground and inside building walls, leaving it to escape later when disturbed by demolition, renovation, or accidental events like fires.

Vermiculite and Asbestos

Libby is the former home of a vermiculite mine that used to be run by W.R. Grace and Co. From 1919 to 1990, this mine was the source of over 70 percent of the vermiculite sold in the U.S., often sold as vermiculite insulation under the brand name Zonolite.

Unfortunately, all the vermiculite from the Libby mine was tainted with asbestos; therefore most of the vermiculite insulation sold throughout the 20th century has a good chance of being tainted with asbestos. The EPA recommends that anyone coming into contact with old vermiculite insulation should simply assume that it contains asbestos and treat it accordingly.

Asbestos and Related Diseases

Exposure to even a small amount of asbestos can be enough to cause asbestos lung cancer, mesothelioma, or other deadly illnesses. Some studies have also suggested a link between asbestos exposure and other types of cancer, like gastrointestinal and colorectal cancers.

Development of asbestos-related illness takes an unusually long time, anywhere from 10 to 40 years and possibly longer. It’s possible for a person to develop asbestos disease today based on exposure that occurred decades ago.

Broad federal restrictions on asbestos use have been in place for decades. In the late 1970s, the U.S. Consumer Products Safety Commission and the EPA banned specific uses of asbestos one by one.

However, despite these new restrictions, there is still asbestos in place in some buildings, industrial facilities and other locales, dating from time in the mid-twentieth century when asbestos use was widespread.

New asbestos regulations do not absolutely require removal of old asbestos; in certain cases, some asbestos can be legally left in place if it is unlikely to result in asbestos exposure.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual asbestos lawsuit or asbestos class action lawsuit is best for you. [In general, asbestos lung cancer lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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