HELENA, Mont. — Attorneys representing BNSF Railway are set to present their case before a jury on Friday, arguing against holding the railroad accountable for the lung cancer deaths of two former residents of a Montana town contaminated with asbestos. This town, part of the federal Superfund pollution program, has faced one of the most severe contamination issues.
The lawyers for the Warren Buffett-owned company contend that the railroad’s predecessors were unaware that the vermiculite they transported from a nearby mine contained dangerous asbestos fibers. This trial, taking place in federal civil court, marks the first of multiple lawsuits against the Texas-based corporation related to its historical operations in Libby, Montana. The residents of this small town situated near the U.S.-Canada border seek to hold BNSF responsible for its alleged involvement in asbestos exposure, which health officials believe has resulted in hundreds of deaths and thousands of illnesses.
Amid the legal proceedings, W.R. Grace & Co., a chemical company that operated a vermiculite mine outside of Libby until 1990, looms large. The Maryland-based company has paid significant settlements to victims, playing a central role in the town’s tragedy. U.S. District Court Judge Brian Morris has emphasized that the focus of the trial is on the railroad’s actions, not the separate liability of W.R. Grace.
The involvement of W.R. Grace in disclosing information about asbestos dangers to BNSF and its predecessors has been a point of contention. The railroad argues that it was obligated by law to transport the vermiculite and that Grace employees concealed health risks from them. Testimonies from former railroad workers suggest they were unaware of the asbestos risks, attributing the responsibility to Grace employees who handled the loading and maintenance of the vermiculite.
The estates of the deceased individuals have challenged BNSF’s accountability, arguing that the signs placed on railcars by W.R. Grace warning of health risks indicated that the railroad should have been aware of the dangers. The Environmental Protection Agency intervened in Libby following reports in 1999, eventually declaring a public health emergency in 2009. Although efforts have been made to clean up the pollution in the town, health officials anticipate continued cases of asbestos-related illnesses due to the prolonged incubation period of such diseases.
Family members of victims have testified to the devastating impact of the asbestos exposure, highlighting the fatal consequences of the contamination. Video evidence presented during the trial depicted the suffering experienced by those affected by mesothelioma, emphasizing the urgent need for accountability and justice in the face of such tragedies.