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Montana Senator Threatens EPA with Subpoena over Asbestos Clean Up In Libby

Catherine A. Murphy

During a community meeting with EPA Administrator Steven Johnson, Montana Senator Max Baucus threatened to pursue a subpoena for EPA documents regarding asbestos conditions in Libby, Montana. This threat was issued in the Libby City Hall where the residents gathered to hear the EPA administrator talk about why a public health emergency was not declared in Libby in 2002 concerning the grave asbestos situation in the state. Libby is home to W.R Grace Vermiculite mine that lead to extensive asbestos exposure and caused mesothelioma in hundreds of people.

Baucus has told the EPA Administrator Johnson that he will request a subpoena through the U.S. Senate Environment and Public Works Committee if the agency is unable to provide the internal documents that shed some light on this decision before the Senate meets in September.

Max Baucus is a member of the Senate Environment and Public Works Committee since 1979 and also served as a chairman. The Senate Environment and Public Works committee holds jurisdiction over EPA and can order the agency to produce the required documents.

The basis of this threat of subpoena is a news report published in 2002. It stated that EPA’s request to declare a Public Health Emergency was denied by the White House. This emergency declaration would have lead to a more extensive clean up of asbestos as well as increased health care for Libby residents. Libby is the only state in the US that has the largest number of people suffering from mesothelioma and asbestos diseases 40 – 60 times more than other states.

A formal Public Health Emergency declaration will authorize EPA to carry out extensive clean up work in home and other public buildings. Although, the agency is conducting asbestos remediation in homes, it is leaving behind asbestos insulation in walls and attics that is very dangerous for people living there. Also, it is very important to carry out toxic study to determine how thorough this asbestos cleaning.

In the past, Baucus requested the documents on several meetings, letters and phone calls. According to Baucus, ‘I want to know what the heck happened here. The fact of the matter is a public health emergency should have been declared in 2002. I want to know who decided not to and why. People are dying in Libby. They deserve to know the truth. I’m done playing nice guy when it comes to Libby. Either EPA complies with my request or we’ll force them to.’

According to Baucus, he also has the support of the committees, Chairperson, Sen. Barbara Boxer of California, to move ahead with the subpoena. Senate committees have the power to subpoena witness or documents and with authorization, the EPA will have to comply with Baucus’ request.

It is important to know the extent of asbestos exposure in Libby so that more people can be prevented form inhaling this deadly carcinogen. Being the prime site of asbestos contaminated vermiculite mine, Libby has the highest number of people suffering from mesothelioma cases and other asbestos diseases.

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