United States v. Grace

ORDER

MOLLOY, Chief Judge.

I. Introduction

Defendants move to exclude expert opinions regarding “imminent danger” based upon risk assessments created by EPA in its CERCLA investigations at Libby beginning in 1999. Defendants maintain that the risk assessments are irrelevant to the Clean Air Act charges. The government opposes the motion, contending that the assessments are relevant not only to the Clean Air Act counts, but also to the obstruction and conspiracy counts of the indictment.

II. Background

In association with its CERCLA cleanup efforts, EPA engaged in efforts to assess the risk to…