Robert Walsh Cleared in W.R. Grace Environmental Criminal Case Charges dismissed after grueling four-year ordeal

Media Mention
Bradley Arant Boult Cummings LLP secured a complete vindication for client Robert Walsh in a federal court case that has been termed one of the most significant environmental criminal prosecutions in history. "The case against Mr. Walsh was so utterly without merit that after eight weeks of trial, the government itself conceded that it could not prove any criminal conduct and asked the court to dismiss the charges against him, which the judge promptly granted," says Stephen Spivack, a partner with Bradley Arant Boult Cummings who led the firm's efforts for Mr. Walsh. The case, United States v. W.R. Grace,, saw Walsh and five other defendants, including their former employer W.R. Grace, charged with participating in a conspiracy to defraud the United States and violate the Clean Air Act by knowingly releasing asbestos in the community of Libby, Montana. Throughout the proceedings, the Bradley Arant trial team repeatedly highlighted that the government's proposed evidence lacked relevance to the crime charged and had enormous potential for jury confusion, unwarranted delay, and unfair prejudice. This fact was emphasized strongly in Walsh's motion for an acquittal, as was the reality that the provision of the Clean Air Act that Walsh was accused of conspiring to violate did not become law until 1990, well after he had left his position of responsibility in the division that ran the vermiculite operations. Rather than contest the motion for an acquittal, the government elected to ask the court to dismiss its case with prejudice, which was granted by the presiding U.S. District Judge Donald Molloy. "We recognize the suffering that has been felt by the Libby community and we are pleased with the outcome for our client, but it is truly unfortunate that Bob Walsh and his family were forced to consume more than four years of their lives with these proceedings in a case that never should have been brought," says Spivack. He is available for interviews and to write on the case. To read the press release in its entirety, Click Here.