Montana
BNSF says it didn't know about asbestos that's killed hundreds in Montana town
BNSF Railway attorneys told a Montana jury Friday that the railroad should not be held liable for the lung cancer deaths of two former residents of an asbestos-contaminated Montana town, one of the deadliest sites in the federal Superfund pollution program.
Attorneys for the company say the corporate predecessors of the railroad, owned by Warren Buffett’s Berkshire Hathaway conglomerate, didn’t know the vermiculite they hauled over decades from a nearby mine was filled with hazardous microscopic asbestos fibers or that asbestos was dangerous.
BNSF attorney Chad Knight said the railroad could only be held liable if it could have foreseen the health hazards of asbestos based on information available decades ago when the alleged exposures happened.
“In the 50s, 60s and 70s no one in the public suspected there might be health concerns,” Knight said.
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The case in federal civil court is the first of numerous lawsuits against the Texas-based railroad corporation to reach trial over its past operations in Libby, Montana. Current and former residents of the small town near the U.S.-Canada border want BNSF held accountable for its alleged role in asbestos exposure that health officials say has killed several hundred people and sickened thousands.
The seven-member jury met briefly Friday and planned to resume deliberations on Monday morning. They were instructed to decide if the railroad was at fault in the deaths and if so, the amount of damages to award to their estates. If the jurors find that the railroad should also face punitive damages, a separate hearing would determine that amount.
Looming over the proceedings is W.R. Grace & Co., a chemical company that operated a mountaintop vermiculite mine 7 miles outside of Libby until it was closed 1990. The Maryland-based company played a central role in Libby’s tragedy and has paid significant settlements to victims.
U.S. District Court Judge Brian Morris has referred to the the chemical company as “the elephant in the room” in the BNSF trial. He reminded jurors several times that the case was about the railroad’s conduct, not W.R. Grace’s separate liability.
How much W.R. Grace revealed about the asbestos dangers to Texas-based BNSF and its corporate predecessors has been sharply disputed. The plaintiffs argued that railroad higher-ups were aware, but that workers on the ground in Libby were left out of the loop.
“We’re here to make a party that accepts zero responsibility accept an appropriate amount of responsibility,” plaintiffs’ attorney Mark Lanier said. “This is the fault of the bigwigs in the corporate office.”
The judge instructed the jury it could only find the railroad negligent based on its actions in the Libby Railyard, not for hauling the vermiculite.
The railroad said it was obliged under law to ship the vermiculite, which was used in insulation and for other commercial purposes. It said W.R. Grace employees had concealed the health hazards from the railroad.
Former railroad workers said during testimony and in depositions that they knew nothing about the risks of asbestos. They said Grace employees were responsible for loading the hopper cars, plugging the holes of any cars leaking vermiculite and occasionally cleaned up material that spilled in the rail yard.
The estates of the two deceased plaintiffs have argued that the W.R. Grace’s actions don’t absolve BNSF of its responsibility for failing to clean up the vermiculite that spilled in the railyard in the heart of the community.
Their attorneys said BNSF should have known about the dangers because Grace put signs on rail cars carrying vermiculite warning of potential health risks. They showed jurors an image of a warning label allegedly attached to rail cars in the late 1970s that advised against inhaling the asbestos dust because it could cause bodily harm.
Family members of Tom Wells and Joyce Walder testified that their lives ended soon after they were diagnosed with mesothelioma. The families said the dust blowing from the rail yard sickened and killed them.
In a March 2020 video of Wells played for jurors and recorded the day before he died, he lay in a home hospital bed, struggling to breathe.
“I’ve been placed in a horrible spot here, and the best chance I see at release — relief for everybody — is to just get it over with,” he said. “It’s just not something I want to try and play hero through because I don’t think that there’s a miracle waiting.”
The Environmental Protection Agency descended on Libby after the 1999 news reports. In 2009 it declared in Libby the nation’s first ever public health emergency under the federal Superfund cleanup program.
The pollution in Libby has been cleaned up, largely at public expense. Yet the long timeframe over which asbestos-related diseases develop means people previously exposed are likely to continue getting sick for years to come, health officials say.
BOZEMAN — Aaron Flint and Al Olszewski, Republican candidates for Montana’s Western District U.S. House race, squared off Tuesday in their party’s only scheduled debate before the party primary.
The two debated for about 90 minutes at Bozeman’s Calvary Chapel before an audience of about 120 people. Bozeman anchors Gallatin County, which is second in Republican votes only to Flathead County within the 18-county district.
Natural resource jobs, affordable housing and U.S. military attacks on Iran dominated the discussion. Each question drew 12 minutes of response. Both men called for an end to stock trading by members of Congress, and for federal budgets to be passed on time through regular procedures.
The Montana GOP sponsored the debate. Candidate Christi Jacobsen, Montana’s secretary of state, was unable to attend, according to state Republican Party Chair Art Wittich. State Senate President Matt Regier moderated.
Among the highlights: Flint mentioned no fewer than eight times that he is endorsed by President Donald Trump. Olszewski mentioned Trump by name only a couple of times.
Never too far from Flint’s talking points were “far-left socialists,” whom he credited for “gerrymandering” the Western House District (which has delivered comfortable wins for Republicans since first appearing on the ballot in 2022). The 2026 election cycle was the target of Democrats on the state’s districting commission, Flint said. (Both Democrats on the commission that drew the district in 2021 voted against its current configuration.)
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The near faux pas of the night came during Olszewski’s discussion of good-paying jobs in trades and natural resources: “Trades jobs, natural resource jobs, you know, high-dollar, white-collar jobs, our remote workers who have moved into Montana, and we’ve adapted an economy around them. You know, these are the people, and those are the jobs that will bring our kids home, those high-paying white-collar jobs, or a good natural resource job in western Montana, in one of those mines, or, you know, you know, a sawyer or a hooker” — big pause — “as in timber, not the other way around.”
The line that didn’t land: Flint tried and failed to get audience applause for the 2024 defeat of Democratic U.S. Sen. Jon Tester by Republican Sen. Tim Sheehy — an unseating Flint campaigned for.
“How many of you out there are so glad that we finally got rid of the flip-flop, flat-top liberal senator, Jon Tester? How many of you are so glad we finally did that?”
After a silence, Flint explained to people watching the debate on Facebook that the audience was just being polite.
“They’re waving because we can’t have disruptions. See, they’re good rule followers here in the Republican Party,” Flint said.
Asked how to alleviate Montana’s housing affordability crisis:
Olszewski: “The only way you can afford an expensive house is you’ve got to have a job that pays good money. Tourist jobs provide rent and roommates. Trades jobs, natural resource jobs, high‑dollar white‑collar jobs … those are the jobs that will bring our kids home.” Dr. Al, as Olszewski is widely known, said Wall Street investment buyers are distorting housing prices and the federal government has weakened the dollar.
Flint: “Thirty percent of the cost of a home is all due to red tape and regulations … It costs $100,000 to build a home before you even put a hole in the ground.”
Flint said reviving Montana’s timber industry would lower home values and added, “I support President Trump’s ban on these big Wall Street firms buying single-family homes. I think that’s something that we’ve got to get across the finish line.”
“We can deliver when it comes to making the Montana dream affordable again by delivering affordable housing. But another piece is promoting trades and trades education to build up our workforce.”
Asked how Congress should respond to the Iran conflict:
Olszewski: “I supported our president with what happened in Venezuela. There’s a $25 million bounty on basically someone that was killing our people through drugs, right? I’m not so happy with what’s going on in the Iran war. I’m not a warrior. I’m a physician from the military that fixed military people … What my perspective is, is that countries can win wars, but people do not. They don’t come back.” Olszewski said Congress will have to decide whether to authorize further use of military force and set terms in about 10 days.
Flint: “Let me just say this. We are sick and tired of these forever wars, and we do not want to see a long-term boots-on-the-ground Iraq-style nation-building exercise, and I think President Trump shares that mission as well. Let me also say this about Iran. First off, [former Venezuelan President Nicolás] Maduro is behind bars. [Iran’s Supreme Leader Ayatollah Ali] Khamenei is dead, but the far-left socialists are on the march in Montana.”
Asked about reforming Congress:
Olszewski: “What our congressmen and congresswomen have to understand is that if you’re in the House, the House belongs to the people, and they need to, first and foremost, represent you, not themselves, not special interests. It’s not about sound-bites. It’s about actually getting work done and governing.” Olszewski said the House needs to pass a budget based on 12 agency appropriations bills before the end of each federal fiscal year, a process known as “regular order.”
Flint: “We need to return to regular order and get single-subject bills and get these appropriations bills done one by one. If they can’t get a budget done, they shouldn’t get paid. And we need a ban on congressional stock trading. Because I think part of the reason why the American people are so frustrated with Congress right now is because … they believe that Congress is so useless, because we’ve got some of these politicians back there that are getting rich off the backs of taxpayers.”
Neither candidate offered a plan for cutting taxes, once a staple of Republican platforms. Both supported reductions in federal spending without identifying particular cuts.
Voting in Montana’s 2026 primary election begins May 4 and ends June 2.
POLSON, Mont. — Two motorcyclists crashed on Highway 35 near Polson after failing to negotiate a left-hand curve, leaving one man dead and another hospitalized, according to the Montana Highway Patrol.
Two motorcycles were traveling southbound on Highway 35 when both drifted into a guardrail. Both drivers were separated from their motorcycles and ended up on the other side of the guardrail.
A 58-year-old Polson man was confirmed dead at the scene. The second driver, a 45-year-old man, also from Polson, was taken to the hospital with injuries.
Alcohol is a suspected factor in the crash, according to the Montana Highway Patrol.
The crash is under investigation.
KALISPELL — A Flathead County man is turning a personal rock bottom into a lifeline for his community by starting a free, late-night ride service to keep drunk drivers off the roads.
Adam Bruzza started Big Sky Sobriety Shuttle LLC, a free ride share service for people who have been drinking, after realizing he was struggling with addiction.
Maddie Keifer reports – watch the video here:
MT man starts free, late-night ride service to keep drunk drivers off the roads
“I just wanted to give people who do still drink the option for a safe, sober ride home,” Bruzza said.
Bruzza said a devastating mistake behind the wheel became a turning point where he decided enough was enough.
“I was charged with a DUI October 22 of 2024,” Bruzza said.
After a few months focused on his sobriety, Bruzza channeled his energy into his community by starting the shuttle service.
He operates the shuttle in his personal pickup truck. Riders can reach him by phone, text or social media at any time of day or night at no cost.
“I just wanted to give others the opportunity to not get a life changing charge,” Bruzza said.
Bruzza works with bars to connect riders with his service. Although the Big Sky Sobriety Shuttle is a new endeavor, he has already seen a big impact.
“The community response without a doubt has been unconditional love and support that makes my heart all warm and fuzzy,” Bruzza said.
Bruzza also shared a message for others who may be struggling with addiction.
“Your life is worth it, there are people that care out there and it is okay to ask for help,” Bruzza said.
To learn more, click here to visit the Facebook page.
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