Libby trial ends but asbestos hazards remain in buildings

Our plain-English summary of Libby trial ends but asbestos hazards remain in buildings, by P. Gottesfeld (International Journal of Occupational and Environmental Health, 2010).

The study

• Author: P. Gottesfeld
• Journal: International Journal of Occupational and Environmental Health
• Published: 2010;16(1):87-8
• Read it: PubMed · Publisher

Abstract

The largest criminal trial ever involving environmental hazards came to a close in early May, but the dangers from the asbestos-containing materials mined in Libby, Montana that were the subject of the case continue to go unregulated. The jury's decision finding all defendants not guilty does not diminish the need to protect workers and the public from this hazard. Instead the trial highlighted the U.S. government's continuing failure to regulate these materials.

In plain English

This article is a commentary, not a research study, and it reports no new data. It was written after a criminal trial over asbestos-containing vermiculite materials mined in Libby, Montana, which ended in May 2009 with the jury finding all defendants not guilty. The author argued that US regulation of these materials remained inadequate. The author stated that EPA and OSHA rules rely on crude analytical methods and on definitions that exclude some asbestos materials, and noted that it is still legal to sell the material. The commentary described Libby products, including Monokote 4 and Monokote 5 fireproofing sold in the U.S. from 1970 to 1989. It also cited other sources. One was a New York Times report that most of 150,000 steel-framed US buildings from the 1970s and 1980s are coated in similar fireproofing. Another was EPA research finding that removing vermiculite attic insulation produced exposures 25 times higher than the “safe” level allowed in schools. The author called for more accurate testing methods and for the EPA to inform building owners and contractors.

We wrote this plain-English summary from the full article with the help of AI, and a second AI model checked each sentence against the article. It is not the authors' wording; the abstract and the article are their own account.

What the study did and found

• Design: Commentary (opinion piece by a single author; no original data)
• Who was studied: No study population. The commentary concerns construction materials made from vermiculite mined in Libby, Montana, which are present in homes and commercial buildings.
• Exposure: Asbestos-containing vermiculite from the W.R. Grace mine in Libby, Montana, used in products including Monokote 4 and Monokote 5 fireproofing and Zonolite insulation. The article does not name the fiber type in its text.
• Main results:
  • The criminal trial over the Libby materials ended in early May 2009, with the jury finding all defendants not guilty.
  • The author argued that EPA and OSHA regulations are insufficient to protect public health because of crude analytical methods and definitions that exclude some asbestos materials.
  • The author noted that it is still legal to sell this material, a point made by the defense at the trial.
  • Citing a New York Times report, the author stated that the majority of 150,000 steel-framed US buildings built in the 1970s and 1980s are coated in similar fireproofing.
  • Citing EPA research, the author reported that removing vermiculite attic insulation produced exposures 25 times higher than the “safe” level allowed in schools.
  • The author stated that the EPA has not incorporated its advice on these materials into regulations.
  • The author stated that W.R. Grace set up processing plants in several countries outside North America.
• The authors' conclusion: The author concluded that asbestos regulations should be updated. In the author's view, regulators should close the regulatory loophole for vermiculite and require more accurate testing methods, and the EPA should inform building owners and contractors in order to protect maintenance and construction workers.

Topics

Medical terms in this study, explained in our Lexicon: Asbestos-Containing Material (ACM), Defendant.

Related studies

• A review of scientific literature examining the mining history, geology, mineralogy, and amphibole asbestos health effects of the Rainy Creek igneous complex, Libby, Montana, USA — B.R. Bandli, M.E. Gunter (2006)
• How to Judge Safety Crime: Lessons From the Eternit Asbestos Maxi-Trials — P. Marichalar (2019)
• Select mortality and cancer incidence among residents in various U.S. communities that received asbestos-contaminated vermiculite ore from Libby, Montana — D.K. Horton, F. Bove, et al. (2008)
• Separation and characterization of respirable amphibole fibers from Libby, Montana — J.S. Webber, D.J. Blake, et al. (2008)
• Exposure matrix development for the Libby cohort — C.W. Noonan (2006)
• Exposure to asbestos-containing vermiculite ore and respiratory symptoms among individuals who were children while the mine was active in Libby, Montana — L.C. Vinikoor, T.C. Larson, et al. (2010)

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