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BNSF Railway says it didn't know about asbestos that's killed hundreds in Montana town

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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.

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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.

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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.

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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.



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Montana State's Tommy Mellott wins the 2024 Walter Payton Award

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Montana State's Tommy Mellott wins the 2024 Walter Payton Award


Montana State quarterback Tommy Mellott won the 2024 Walter Payton Award as the best offensive player in FCS football, beating out fellow top-three finalists Cam Miller (North Dakota State) and Targhee Lambson (Southern Utah). Mellott is the first Montana State player to win the award in its 38-year history.

PAYTON AWARD: Complete history of the top FCS offensive honor

Mellott received the Payton Award two days before playing in the 2024-25 FCS Championship game, his second appearance of his career. In 12 regular season games, the Bobcat quarterback completed 148 of 216 passes (68.5 percent) for 1,956 yards, 22 touchdowns and just one interceptions. He also ran for 640 yards and 11 touchdowns, leading Montana State to an undefeated record.

🏈 MORE FCS FOOTBALL 🏈 

Mellott is the 27th quarterback to win the Payton Award — the most of any position — since the award debuted in 1987. Quarterbacks have won the Payton Award in each of the last nine seasons and 20 of the last 21 seasons, with wide receiver Cooper Kupp’s 2015 win being the lone exception.

As the 2024 Walter Payton Award winner, Mellott joins an elite fraternity of FCS greats including Steve McNair (Alcorn State, 1994), Adrian Peterson (Georgia Southern, 1999), Brian Westbrook (Villanova, 2001), Tony Romo (Eastern Illinois, 2002), Cooper Kupp (Eastern Washington, 2015) and more.

MORE AWARDS: Buck Buchanan Award history | Jerry Rice Award history

Top moments

See some more of Mellott’s top moments from 2024 below.

 

How North Dakota State and Montana State reached the FCS national championship game

As the Bison and Bobcats near the pinnacle of the sport, let’s take a look back at their journeys.

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In 2024, the final four FCS teams all have legitimate shots at winning it all. Here’s why.

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What a championship would mean for each FCS semifinal team

Four teams remain in the 2024 FCS championship chase: Montana State, South Dakota, South Dakota State and North Dakota State. Winning a title means something different for each one.

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Touchdown Tommy! Montana State’s Mellott wins Walter Payton Award as top FCS offensive player – WTOP News

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Touchdown Tommy! Montana State’s Mellott wins Walter Payton Award as top FCS offensive player – WTOP News


FRISCO, Texas (AP) — Montana State quarterback Tommy Mellott won the Walter Payton Award as the Football Championship Subdivision offensive…

FRISCO, Texas (AP) — Montana State quarterback Tommy Mellott won the Walter Payton Award as the Football Championship Subdivision offensive player of the year Saturday night, two days before the top-ranked Bobcats face North Dakota State in the title game.

Called Touchdown Tommy, the speedy Mellott edged North Dakota State quarterback Cam Miller and Southern Utah running back Targhee Lambson in voting announced at the FCS Awards Banquet.

The first Montana State winner of the award, Mellott had 147 points, receiving 16 first-place votes. Miller followed with 131 with 14 first-place votes and Lambson had 115 with five first-place votes.

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“Very humbling moment,” Mellott said. “I’m very, very honored.”

Mellott has led Big Sky champion Montana State to a 15-0 record. The senior from Butte, Montana, topped The Associated Press FCS All-America team and was the Walter Camp FCS Player of the Year. He leads the division in passing efficiency and points responsible for.

“It’s a surreal moment for sure,” Mellott said. “Three years ago I was on the sideline after being injured in the national championship game, and I was talking on the mic to the quarterback coach at the time, Coach (Taylor) Housewright, and he said, `If you don’t become the Walter Payton Award winner, we failed you.’ So, I think it’s just a testament to what we’ve done as a program.”

Montana State and North Dakota State are set to meet Monday night at Toyota Stadium. Bobcats coach Brent Vigen received the Eddie Robinson Award as the coach of the year.

Central Arkansas defensive end David Walker won the Buck Buchanan Award as the top defensive player.

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© 2025 The Associated Press. All rights reserved. This material may not be published, broadcast, written or redistributed.



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FCS National Championship Preview & Prediction: Montana State vs. North Dakota State

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FCS National Championship Preview & Prediction: Montana State vs. North Dakota State


No. 1 Montana State will face No. 2 North Dakota State in the 2025 Division I FCS National Championship game. Kickoff is scheduled for Jan. 6 at 6 p.m. CT on ESPN.

It would be Montana State’s first FCS national championship since 1984 when the Bobcats defeated Louisiana Tech in Charleston, South Carolina. North Dakota State is seeking its tenth FCS national championship, but the Bison have not won it all since 2021 when they defeated the Bobcats.

2024 FCS Playoff Bracket

2024 Prediction Record: 175-46
2022-23 Record: 207-75

Kickoff: 6 p.m. CT (ESPN)
Line: Montana State (-3.5)
Series History: Montana State leads 21-17

Key Players: Montana State

Tommy Mellott (QB): 190-for-276 (68.8%), 2,564 Passing Yards, 29 Passing TDs, 2 INTs, 915 Rushing Yards, 14 Rushing TDs

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Scottre Humphrey (RB): 188 Carries, 1,360 Rushing Yards, 7.2 YPC, 15 Rushing TDs

Adam Jones (RB): 173 Carries, 1,134 Rushing Yards, 6.6 YPC, 14 Rushing TDs

Brody Grebe (DL): 35 Total Tackles, 10 TFLs, 8.5 Sacks, 5 PBUs, 8 QBHs, 1 FF, 2 FRs

Kenneth Eiden IV (DL): 26 Total Tackles, 9.5 TFLs, 8 Sacks, 5 QBHs, 1 FR

Key Players: North Dakota State

Cam Miller (QB): 239-for-329 (72.6%), 3,052 Passing Yards, 31 Passing TDs, 4 INTs, 510 Rushing Yards, 10 Rushing TDs

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CharMar Brown (RB): 227 Carries, 1,104 Rushing Yards, 4.9 YPC, 14 Rushing TDs

Bryce Lance (WR): 66 Receptions, 964 Receiving Yards, 14.6 YPC, 16 Receiving TDs

Logan Kopp (LB): 69 Total Tackles, 8 TFLs, 3 Sacks, 3 INTs, 6 PBUs, 1 FF, 1 FR

Eli Mostaert (DL): 56 Total Tackles, 11.5 TFLs, 6 Sacks, 4 QBHs

Montana State has a chance to make history, becoming only the third team in college football history to finish 16-0, joining 2019 North Dakota State and 1894 Yale. The Bobcats have been the most dominant team in the nation all season, winning by an average of 24 points per game.

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It starts with the most electric player at the FCS level, quarterback Tommy Mellott. Mellott is completing over 68% of his passes for 2,564 yards, 29 touchdowns, and only two interceptions. He leads the nation in passing efficiency while being dangerous outside the pocket with his legs. Averaging over 8.4 yards per carry, Mellott has recorded over 900 rushing yards and 14 touchdowns for the Bobcats. His playmaking ability will test North Dakota State’s linebackers and safeties in space.

The Bobcats are averaging 301 rushing yards per game this season, ranking No. 2 nationally. The dynamic duo of Scottre Humphrey and Adam Jones have combined for over 1,500 rushing yards and 29 touchdowns. Montana State’s offensive line is the catalyst for its dominance on the ground, headlined by All-American Marcus Wehr.

The Bison defense has done an excellent job of generating negative plays, which will be a huge key in this game. North Dakota State led all playoff teams with a tackle-for-loss rate of over 10%, led by Eli Mostaert (11.5 TFLs) and Kody Huisman (7.5 TFLs). The interior of the Bison defensive line has continued to be dominant, which will be something to watch against an impressive Montana State offensive line.

North Dakota State’s linebackers will be in the spotlight against this dynamic Montana State offense. Logan Kopp leads the unit with 69 total tackles, eight tackles for loss, three sacks, and three interceptions. The Bison rank No. 116 nationally in tackling this season, which will be a point of emphasis on Monday night.

While Mellott will challenge the Bison defense, North Dakota State has its own dynamic weapon in quarterback Cam Miller. Miller has completed 72.6% of his passes for 3,052 yards, 31 touchdowns, and only four interceptions. In multiple games this season, Miller has shown an elite ability to make a play when the Bison need it most, leading game-winning drives in key moments. His connection with wide receiver Bryce Lance is dangerous, leading to a single-season record 16 receiving touchdowns.

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Montana State’s secondary will be tested in this game, but the Bobcats have been outstanding against the pass, holding opponents to 190.2 passing yards per game. A key aspect of this Montana State defense is the pass rush, led by Brody Grebe and Kenneth Eiden IV. The duo has combined for 19.5 tackles for loss and 16.5 sacks. North Dakota State’s offensive line allows pressure on less than 20% of all dropbacks, anchored by All-Americans Grey Zabel and Mason Miller. Will the Bobcats be able to make Miller uncomfortable in the pocket on Monday night? It will be one of the biggest keys of the game.

North Dakota State has ended Montana State’s postseason journey four times since 2018, including a dominant win over the Bobcats in the FCS National Championship game three seasons ago. Will the Bobcats finally find a way past the Bison in the postseason?

I expect an extremely competitive game on Monday night at Toyota Stadium. This North Dakota State team has silenced the doubters all season long, but there is a special feeling around this Montana State squad. From Week 0 until now, the Bobcats have been the nation’s most dominant and consistent team. Mellott leads Montana State on a game-winning drive late, securing the program’s first national championship since 1984.

Prediction: Montana State (38-31)

Behind The Numbers: FCS National Championship Preview
FCS National Championship: Offensive Spotlight
FCS National Championship: Defensive Spotlight
History Of The FCS National Championship Game
2024 FCS Playoffs: Official Bracket, Schedule, Scores

Follow FCS Football Central on social media for ongoing coverage of FCS football, including on XFacebook, and YouTube.

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