U.S. v. W.R. GRACE & CO.

No. 03-35924.

429 F.3d 1224 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. W.R. GRACE & CO.; Kootenai Development, Corporation; W.R. Grace & Co. Conn., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed December 1, 2005.


Attorney(s) appearing for the Case

Christopher Landau and John C. O'Quinn, Kirkland & Ellis LLP, Washington, D.C.; Kenneth W. Lund, Linnea Brown and Katheryn Jarvis Coggon, Holme Roberts & Owen LLP, Denver, CO, for the defendants-appellants.

John T. Stahr, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C.; James Freeman, Environment and Natural Resources Division, U.S. Department of Justice, Denver, CO, for the plaintiff-appellee.

David L. Mulliken, Esq., Latham & Watkins, LLP, San Diego, CA, for the amicus.

Before: B. FLETCHER, McKEOWN, and BEA, Circuit Judges.


McKEOWN, Circuit Judge:

Libby, Montana, sits sixty-five miles south of the Canadian border. The seemingly rustic and picturesque environment of this area masks a troubling history — the community has been plagued with asbestos-related contamination. In 1999, the Environmental Protection Agency ("EPA") was called in to address disturbing health reports due to asbestos-related contamination. We must decide whether, in responding to this threat, the EPA exceeded...

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