Montana
BNSF Railway says it didn't know about asbestos that's killed hundreds in Montana town
HELENA, Mont. – BNSF Railway attorneys are expected to argue before jurors 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 Warren Buffett-owned company say the railroad’s corporate predecessors didn’t know the vermiculite it hauled over decades from a nearby mine was filled with hazardous microscopic asbestos fibers.
The case in federal civil court over the two deaths 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.
Looming over the proceedings is W.R. Grace & Co., a chemical company that operated a mountaintop vermiculite mine 7 miles (11 kilometers) 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 mining 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.
Federal prosecutors in 2005 indicted W. R. Grace and executives from the company on criminal charges over the contamination in Libby. A jury acquitted them following a 2009 trial.
How much W.R. Grace revealed about the asbestos dangers to Texas-based BNSF and its corporate predecessors has been sharply disputed.
The railroad said it was obliged under law to ship the vermiculite, which was used in insulation and for other commercial purposes, and that 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.
Former rail yard worker John Swing said in previously recorded testimony that he didn’t know asbestos was an issue in Libby until a 1999 newspaper story reporting deaths and illnesses among mine workers and their families.
Swing also said he didn’t think the rail yard was dusty. His testimony was at odds with people who grew up in Libby and recall dust getting kicked up whenever the wind blew or a train rolled through the 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 knowingly exposing people to asbestos at its 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.
BNSF higher-ups also should have been aware of the dangers because they attended conferences that discussed dust diseases like asbestosis in the 1930s, attorneys for the plaintiffs argued.
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 can develop means people previously exposed are likely to continue getting sick and dying for years to come, health officials say.
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.”
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Brown reported from Billings, Mont.
Copyright 2024 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.
Montana
Montana transgender lawmaker on Capitol Hill's bathroom ban: 'Do not cede ground'
The question of who uses which bathroom on Capitol Hill has become a heated topic ahead of the 119th U.S. Congress convening next year.
This debate was sparked by the historic election of Sarah McBride, a transgender woman, to represent Delaware in Congress. In response, Rep. Nancy Mace (R-S.C.) introduced a resolution aiming to require transgender individuals to use bathrooms corresponding to their sex assigned at birth.
Democratic state Rep. Zooey Zephyr, the first transgender woman in Montana’s state legislature, understands what it feels like to be singled out.
She joined Scripps News on Friday to weigh in on the controversy unfolding in D.C.
“It’s important to acknowledge that while these attacks on transgender people are always brought one bill at a time, they do not focus on specific issues,” Zephyr said. “The hate of trans people is boundless. We saw that when Nancy Mace went on far-right media earlier this week and claimed that it was ‘offensive’ that Congresswoman McBride views herself as an equal to Nancy Mace.”
“When we see policies targeting trans women just trying to live their lives in the restroom, trying to play sports with their friends — that is not where the hate stops from the right,” Zephyr said. “That hate is on display at every moment, which is why it’s important for us to resist these efforts to target our community.”
In 2023, Republican lawmakers in Montana voted to ban Zephyr from the House floor and from participating in debates after she spoke out against a bill banning gender-affirming care for minors. The incident led to legal challenges over Zephyr’s censure and to political activism from supporters of transgender rights.
“The attacks we see on trans people will escalate. This will not be the last attack on Congresswoman McBride,” Zephyr said. “In my perspective, it is important that we make sure as trans people in this country that we do not cede ground to someone who wants to erase us — regardless of whether they want to erase us in the Capitol, or if they want to erase us as we go through our daily lives in public. We have to stand strong.”
Rep. Nancy Mace to introduce bill on restroom use tied to sex at birth
In an interview with Scripps News this week, Mace said her resolution was specifically targeted at Rep.-elect McBride, who stated she will “follow the rules as outlined” even if she disagrees with them.
“I’m not here to fight about bathrooms,” McBride said. “I’m here to fight for Delawareans to bring down the costs facing families.”
Despite McBride’s statement, Mace said her effort to ban transgender individuals from certain bathrooms extends beyond Washington. She is advocating for legislation requiring transgender people to use restrooms that align with their sex assigned at birth on any property receiving public funds.
“I have PTSD from the sexual abuse I have suffered at the hands of a man. We have to as women draw a line in the sand, a big fat red line, about our rights,” Mace said. “And the basic question today is, do women have rights or do we not? And I will tell you just the idea of a man in a locker room watching me change clothes after a workout is a huge trigger and it’s not OK to make and force women to be vulnerable in private spaces.”
RELATED STORY | As House GOP targets McBride, she says ‘I’m not here to fight about bathrooms’
Montana
Powerhouse Football Team Drops Incredible Hype Video For Legendary Rivalry Game
Montana State brought its fastball for the team’s Brawl of the Wild hype video.
The Bobcats will take the field Saturday against the Montana Grizzlies in the latest installment of one of the greatest rivalries in all of sports.
Fans of the Bobcats and Grizzlies hate each other. They’re the only two major schools in the state, and both are FCS powerhouses.
The bitterness runs deep between the fans, and once a year, they come together on the gridiron to earn bragging rights for a year.
Montana State drops epic hype video for Brawl of the Wild against Montana.
If you’re going to play in a monster college football game, then you need a great hype video to get the fans juiced up.
Well, the Bobcats brought their A-game with a hype video featuring Journey’s classic hit song “Separate Ways (Worlds Apart).”
Smash the play button below, and then hit me with your reactions at David.Hookstead@outkick.com.
That video goes insanely hard. That’s one of the best hype videos I’ve seen all season long, and I’m not at all surprised that it’s for the Brawl of the Wild.
The 11-0 Bobcats battling it out with the 8-3 Grizzlies is exactly what fans want to see in the final game of the regular season, and the stakes couldn’t be higher.
MSU is looking to go undefeated. Montana is looking to play spoiler and improve their position for the FCS playoffs.
This is what it’s all about, and do not sleep on the Brawl of the Wild simply because it’s FCS action. As someone who used to live in Bozeman, I can tell you that the environment will be nuts Saturday and the city and Bobcat Stadium will be rocking.
You can catch the game at 2:00 EST on ESPN+. It should be one of the best of the weekend. Let me know your thoughts on the Brawl of the Wild at David.Hookstead@outkick.com.
Montana
'Montana Bar Fairies' expanding to Bozeman starting Cat-Griz weekend as Gallatin County DUIs increase
BOZEMAN — People in downtown Bozeman who choose not to drink and drive after a night out will soon see fairies giving them a gift to thank them for their good choices.
“Montana Bar Fairies is a nonprofit that my daughter and I started because my son was killed by a drunk driver in the Flathead, on March 23rd, after celebrating his 21st birthday,” says Beth McBride.
Bobby Dewbre was set to graduate from Flathead Valley Community College with a welding certificate before he was hit by a drunk driver while waiting for his sober ride.
To ensure no other family experiences the grief they do, Beth McBride and her daughter Carli Dewbre decided to start Montana Bar Fairies.
“My daughter drove by a bar early in the morning on her way to work and she saw some cars in the parking lot. And she called me up and she said, ‘Mom I wish there was a way that we could thank people for not drinking and driving, for leaving their cars,’” McBride recalls.
The nonprofit began in Kalispell almost a year ago, but an increase in DUI-related accidents in Gallatin County brought the Bar Fairies to Bozeman.
“There seems to be a desire for the community here to say, ‘You know what? We’re done.’ It’s over. We’re not accepting drunk driving anymore. It’s time to save lives,” says McBride.
According to the Gallatin County DUI Task Force, Gallatin County consistently ranks in the top five most dangerous counties in Montana for impaired driving—with Bozeman Police issuing a majority of all DUIs in the county.
Bozeman’s Bar Fairies chapter director and MSU student, Patricia Hinchey, says there’s no better time to start their work in Bozeman than the weekend of Cat-Griz.
“Sunday morning, we’re going to be going really early and placing coffee cards on cars, around downtown, in the parking lots, along the streets. And so, if you’re lucky, you might get a coffee card thanking you for not drinking and driving after the Cat-Griz game,” Hinchey says.
Included with each coffee card is a card with a story of someone who lost their life to a drunk driver. Patricia says they’re looking for Bozeman families willing to share their story, as well as more volunteers.
“We want to take Montana from the worst state for DUI fatalities to zero. And we need the community’s help to do that,” says McBride.
Contact Hinchey for help with Bozeman’s chapter at Patricia@montanabarfairies.org
Learn more about Montana Bar Fairies at their website.
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