Montana
Jury: BNSF Railway contributed to 2 deaths in Montana town where asbestos sickened thousands
A federal jury on Monday said Warren Buffett’s BNSF Railway contributed to the deaths of two people who were exposed to asbestos decades ago when tainted mining material was shipped through a Montana town where thousands have been sickened.
The jury awarded $4 million each in compensatory damages to the estates of the two plaintiffs, who died in 2020. The jury did not find that BNSF acted intentionally or with indifference so there will be no punitive damages awarded.
Attorneys for the estates of the two victims had argued that the railroad, owned by Buffett’s Berkshire Hathaway conglomerate, knew the asbestos-tainted vermiculite was dangerous but failed to act.
BNSF said its employees didn’t know the vermiculite they hauled over decades from a nearby mine was filled with hazardous microscopic asbestos fibers.
The case in federal civil court over the two deaths was the first of numerous lawsuits against the Texas-based railroad corporation to reach trial over its past operations in Libby. Current and former residents of the small town near the U.S.-Canada border want BNSF held accountable, accusing it of playing a role in asbestos exposure that health officials say has killed several hundred people and sickened thousands.
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.
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 Friday.
The plaintiffs argued that BNSF higher-ups knew for decades that the vermiculite contained asbestos and that concerns about workers breathing asbestos dust had existed in medical journals since the late 1890s.
“We’re here to make a party that accepts zero responsibility accept an appropriate amount of responsibility,” plaintiffs’ attorney Mark Lanier said in his closing statement. “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.
BNSF was formed in 1995 from the merger of Burlington Northern railroad, which operated in Libby for decades, and the Santa Fe Pacific Corporation.
Berkshire Hathaway, based in Nebraska and chaired by Buffett, acquired BNSF in 2010.
Looming over the proceedings was W.R. Grace, which operated a mountaintop vermiculite mine 7 miles (11 kilometers) outside of Libby until it closed in 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 referred to the the chemical company as “the elephant in the room” during the BNSF trial and reminded jurors repeatedly 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.
The Environmental Protection Agency descended on Libby after 1999 news reports of illnesses and deaths among mine workers and their families. In 2009 the agency 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.
The seven-member federal jury had been instructed to decide if the railroad was at fault in the deaths and if so, the amount of damages to award to their estates. A separate proceeding would be needed to determine the amount of any punitive damages.
A second trial against the railroad over the death of a Libby resident is scheduled for May in federal court in Missoula.
Everyone makes mistakes, even experienced professionals; a good reminder for the rest of us to learn from those mistakes. The motion in State v. Stroup starts off well in its initial pages (no case law hallucinations), but is then followed by several pages of two other motions, which I don’t think the lawyer was planning to file, and which appear to have been AI-generated: It begins with the “Below is concise motion language you can drop into …” language quoted above.
Griffen Smith (Missoulian) reported on the story, and included the prosecutor’s motion to strike that filing, on the grounds that it violates a local rule (3(G)) requiring disclosure of the use of generative AI:
The document does not include a generative artificial intelligence disclosure as required. However, page 7 begins as follows: “Below is concise motion language you can drop into a ‘Motion to Admit Mental-Disease Evidence and for Related Instructions’ keyed to 45-6-204, 45-6-201, and 4614-102. Adjust headings/captions to your local practice.” Page 10 states “Below is a full motion you can paste into your pleading, then adjust names, dates, and styles to fit local practice.” These pages also include several apparent hyperlinks to “ppl-ai-file-upload.s3.amazonaws,” “ppl-ai-fileupload.s3.amazonaws+1,” and others. The document includes what appears to be an attempt at a second case caption on page 12. It is not plausible on its face that any source other than generative AI would have created such language for a filed version of a brief….
There’s more in that filing, but here’s one passage:
While generative AI can be a useful tool for some purposes and may have greater application in the future, when used improperly, and without meaningful review, it can ultimately damage both the perception and the reality of the profession. One assumes that Mr. Stroup has had, or will at some point have, an opportunity to review the filing made on his behalf. What impression could a review of pgs. 12-19 leave upon a defendant who struggles with paranoia and delusional thinking? While AI could theoretically one day become a replacement for portions of staff of experienced attorneys, it is readily apparent that this day has not yet arrived.
The Missoulan article includes this response:
In a Wednesday interview, Office of Public Defender Division Administrator Brian Smith told the Missoulian the AI-generated language was inadvertently included in an unrelated filing. And he criticized the county attorney’s office for filing a “four-page diatribe about the dangers of AI” instead of working with the defense to correct her mistake.
“That’s not helping the client or the case,” Smith said, “and all you are doing is trying to throw a professional colleague under the bus.”
As I mentioned, the lawyer involved seems quite experienced, and ran for the Montana Public Service Commission in 2020 (getting nearly 48% of the vote) and for the House of Representatives in Montana’s first district in 2022 (getting over 46% of the vote) and in 2024 (getting over 44%). “Его пример другим наука,” Pushkin wrote in Eugene Onegin—”May his example profit others,” in the Falen translation.
Thanks to Matthew Monforton for the pointer.
HELENA — You probably have goals and plans for 2026—the Montana Department of Agriculture does too.
“We’re really focusing on innovative agricultural practices,” Montana Department of Agriculture director Jillien Streit said.
It’s no secret that agriculture—farming and ranching—is not easy. There are long days, planning, monitoring crops and livestock, and other challenges beyond farmers’ and ranchers’ control.
(WATCH: Montana Department of Agriculture focusing on innovation in 2026)
Montana Department of Agriculture focusing on innovation in 2026
“We have very low commodity prices across the board,” Streit said. “We still have very high input prices across the board, and we have really high prices when it comes to our equipment, and so, it’s a really tough year.”
But innovation, including new practices, partnerships and technology use, can help navigate some of those challenges.
“We can’t make more time and we can’t make more land, so we need to start putting together innovative practices that help us maximize what our time and land can do,” Streit said.
Practices range from using technology like autonomous tractors and virtual fencing—allowing rangers to contain and move cattle right from their phones—to regenerative farming and ranching.
“It is bringing cattle back into farming operations to be able to work with cover cropping practices to invigorate the soil for new soil health benefits,” Streit said.
The Montana Department of Agriculture is working to help producers learn, share, and collaborate on new ideas to work in their operations.
The department will share stories of practices that work from farms and ranches across the state. Also, within the next year or so, Streit said the department is hoping to roll out technology to help producers collaborate.
“(It’s) providing a communication platform where people can get together and really help each other out by utilizing each other’s assets,” she said.
While not easy, agriculture is still one of Montana’s largest industries, and Streit said innovating and sharing ideas across the state can keep it going long into the future.
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