Montana
Warren Buffett-owned BNSF Railway contributed to 2 deaths in Montana town where asbestos sickened thousands, jury finds
A federal jury on Monday said 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. Jurors said asbestos-contaminated vermiculite that spilled in the rail yard in the town of Libby, Montana was a substantial factor in the plaintiffs’ illnesses and deaths.
Family members of the two victims hugged their attorneys after the verdict was announced. An attorney for the plaintiffs said the ruling brought some accountability, but one family member told The Associated Press that no amount of money would replace her lost sister.
“I’d rather have her than all the money in the world,” Judith Hemphill said of her sister, Joyce Walder.
The vermiculite from Libby has high concentrations of naturally-occurring asbestos and was used in insulation and for other commercial purposes in homes and businesses across the U.S.
After being mined from a mountaintop outside town, it was loaded onto rail cars that sometimes spilled the material in the Libby rail yard. Residents have described piles of vermiculite being stored in the yard and dust from the facility blowing through downtown Libby.
The jury did not find that BNSF acted intentionally or with indifference so no punitive damages were awarded. Warren Buffett’s Berkshire Hathaway Inc. acquired BNSF in 2010, two decades after the W.R. Grace & Co. vermiculite mine near Libby shut down and stopped shipping the contaminated mineral.
The estates of the two victims argued that the railroad knew the asbestos-tainted vermiculite was dangerous and failed to clean it up. Both lived near the rail yard decades ago and died from mesothelioma, a rare lung cancer linked to asbestos exposure.
The pollution in Libby has been cleaned up, largely at public expense. W.R. Grace, which played a central role in the town’s tragedy, filed for bankruptcy in 2001 and paid $1.8 billion into an asbestos trust fund to settle future cases.
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 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.
“This is good news. This is the first community exposure case that will hold the railroad accountable for what they’ve done,” said Mark Lanier, an attorney for Walder and Hemphill’s estates.
The railroad was considering whether to appeal, said a BNSF spokesperson, who referred to it as a “very sad case.”
“They (the jury) had the difficult task of evaluating conduct that occurred more than 50 years ago, before BNSF ever existed,” said Kendall Sloan, the railroad’s director of external communications.
BNSF attorney Chad Knight told jurors last week the railroad’s employees didn’t know the vermiculite was filled with hazardous microscopic asbestos fibers.
“In the ‘50s, ’60s and ’70s no one in the public suspected there might be health concerns,” Knight said Friday.
The railroad’s experts also suggested during the trial that the plaintiffs could have been exposed to asbestos elsewhere.
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.
U.S. District Judge Brian Morris had instructed the jury it could only find the railroad negligent based on its actions in the Libby Railyard, not for hauling the vermiculite.
Former Libby resident Bill Johnston, who followed the trial, said he was glad the victims’ estates got a substantial award.
Johnston, 67, recalled playing in piles of vermiculite at the rail yard as a child and helping his father add piles of the material to their home garden, where it was used as a soil amendment. He, his two siblings and their parents have all been diagnosed with asbestos-related diseases, Johnston said Monday.
“They didn’t do anything intentionally to cause this harm to their body. Other people knew about it and didn’t care,” he said of Libby asbestos victims. “What’s that worth? It’s hard to put a value on that. But when you say you’re going to die prematurely or the life you have left is going to be tethered to an oxygen bottle, there should be some value that makes their life easier in the end.”
BNSF was formed in 1995 from the merger of Burlington Northern railroad, which operated in Libby for decades, and the Santa Fe Pacific Corporation.
Looming over the proceedings was W.R. Grace, which operated the mountaintop vermiculite mine 7 miles (11 kilometers) outside of Libby until it closed in 1990. Morris referred to 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.
A second trial against the railroad over the death of a Libby resident is scheduled for May in federal court in Missoula.
Ah, the self-pay honor systems. You hope they are mostly adhered to.
And when someone tries to dis-honor the pay box, it’s good news when they get busted for it. And noteworthy as a first-time break-in attempt was a fail. The second break-in attempt was a success followed by an epic fail!
Montana Fish, Wildlife and Parks tells us that a suspect has been identified and charged in the case of the self-pay station break-ins at Voyager’s Rest Fishing Access Site near Ballantine. With help from the public, Montana Department of Criminal Investigations, Montana Highway Patrol and the Yellowstone County Sheriff’s Office, the suspect was identified and has been charged with theft and criminal mischief.
Caught on camera, this individual attempted unsuccessfully to break into the self-pay station on the evening of May 29 and returned the morning of May 30, during which time they were successful. Aided by the images of the suspect and of a a dark-colored Ford F-150 pickup truck believed to belong to the suspect, numerous tips from the public assisted in the apprehension.
This incident comes in a string of recent attempted and successful break-ins at this site’s self-pay station. Security cameras at Voyager’s Rest Fishing Access Site captured photos of the individual involved in the most recent break-in on May 30. No further information was available from Montana FWP regarding the identity of the person who was apprehended in the case.
Montana Fish, Wildlife and Parks wants to thank everyone that provided information that helped lead to an arrest.
4 Montana Towns That Don’t Disappoint On The 4th of July Celebrations
If it seems like it’s harder to find genuine 4th of July fireworks displays, rodeos, parades, and celebrations – it’s because it is. Several Montana towns, however, keep their Independence Day events on point and will not disappoint.
Gallery Credit: mwolfe
WOW: 19 Exotic-Looking Animals Surprisingly Found in America
While some are native and others arrived by accident, there are animals living quite happily in the U.S. that will make you say, “No way!” From seriously big cats to the pinkest bird you’ve ever seen, here are some of the most exotic creatures calling America home.
Gallery Credit: Stephen Lenz
BILLINGS — The battle over public lands is intensifying as President Donald Trump’s proposed budget, referred to as the “One, Big Beautiful” bill, faces scrutiny from wilderness advocates.
Watch advocates make their case in the video below:
Daines, Sheehy reiterate support for public lands during budget debate
A significant concern is the reintroduction of language authorizing federal public land sales, which was initially removed from the budget just hours before the House Budget Committee approved the package. Utah Sen. Mike Lee, a Republican, has indicated plans to reintegrate such provisions into the bill, causing alarm among public land advocates, including former Bureau of Land Management Montana director Mike Penfold.
“Once that public land is gone. It is gone forever. We never have it back,” Penfold said on Wednesday. “These guys who want to take this public land away from us, take that heritage away from us, know that the rich people in this country are the ones who would benefit from it. It’s not going to be the people who use it right now, it’s going to be somebody else. So this is a mistake.”
MTN News
During a Wednesday Senate and Natural Resources Committee hearing, senators questioned Interior Secretary Doug Burgum about which states might be affected by the proposed sales. Burgum named Nevada, Alaska, Idaho, and Utah as states with considerable federal land.
While Montana Republican U.S. Sens. Steve Daines and Tim Sheehy support the budget bill, they have sidestepped questions about whether they would endorse the bill should it include provisions for public land sales.
MTN News
MTN News requested interviews with both senators but was given prepared statements.
“There’s no question that public lands belong in public hands. That’s not just a slogan, it’s a way of life and one thing most Montanans agree on regardless of party. I will always fight to protect our right to hunt, fish, and recreate on our public lands,” Sheehy said.
A spokesperson for Daines has sent conflicting statements in the last week. On June 5, the senator’s spokesperson said, “Sen. Steve Daines is in talks with Senate Energy and Natural Resources Chair Mike Lee to minimize or prevent public land sales in the Republicans’ tax cut, energy and national security megabill.”
MTN News
On June 11, that same spokesperson told MTN News, “Senator Daines is against the sale of public lands and is making his strong concerns clear to his colleagues.”
During the committee hearing, Daines did not mention the sale of federal public lands. Instead, he spoke about delisting grizzlies and Montana energy.
Burgum confirmed ongoing discussions regarding the potential sale of up to 2 million acres of public land, which he argues would create affordable housing.
Critics warn that such sales could set a dangerous precedent. Penfold cautioned that any movement toward privatizing public lands could lead to further encroachments.
“You know, it’s going to be coming here. Once they get their foot in the door they will never stop,” Penfold said. “It’s the biggest public asset that exists and they can’t wait to get their hands on it.”
The Montana Lottery offers multiple draw games for those aiming to win big. Here’s a look at June 10, 2025, results for each game:
Winning Mega Millions numbers from June 10 drawing
10-11-14-38-45, Mega Ball: 24
Check Mega Millions payouts and previous drawings here.
Winning Lucky For Life numbers from June 10 drawing
10-26-30-41-44, Lucky Ball: 17
Check Lucky For Life payouts and previous drawings here.
Winning Big Sky Bonus numbers from June 10 drawing
10-22-25-27, Bonus: 05
Check Big Sky Bonus payouts and previous drawings here.
Feeling lucky? Explore the latest lottery news & results
When are the Montana Lottery drawings held?
- Powerball: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
- Mega Millions: 9 p.m. MT on Tuesday and Friday.
- Lucky For Life: 8:38 p.m. MT daily.
- Lotto America: 9 p.m. MT on Monday, Wednesday and Saturday.
- Big Sky Bonus: 7:30 p.m. MT daily.
- Powerball Double Play: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
- Montana Cash: 8 p.m. MT on Wednesday and Saturday.
Missed a draw? Peek at the past week’s winning numbers.
Winning lottery numbers are sponsored by Jackpocket, the official digital lottery courier of the USA TODAY Network.
Where can you buy lottery tickets?
Tickets can be purchased in person at gas stations, convenience stores and grocery stores. Some airport terminals may also sell lottery tickets.
You can also order tickets online through Jackpocket, the official digital lottery courier of the USA TODAY Network, in these U.S. states and territories: Arizona, Arkansas, Colorado, Idaho, Maine, Massachusetts, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, New York, Ohio, Oregon, Puerto Rico, Washington D.C., and West Virginia. The Jackpocket app allows you to pick your lottery game and numbers, place your order, see your ticket and collect your winnings all using your phone or home computer.
Jackpocket is the official digital lottery courier of the USA TODAY Network. Gannett may earn revenue for audience referrals to Jackpocket services. GAMBLING PROBLEM? CALL 1-800-GAMBLER, Call 877-8-HOPENY/text HOPENY (467369) (NY). 18+ (19+ in NE, 21+ in AZ). Physically present where Jackpocket operates. Jackpocket is not affiliated with any State Lottery. Eligibility Restrictions apply. Void where prohibited. Terms: jackpocket.com/tos.
This results page was generated automatically using information from TinBu and a template written and reviewed by a Great Falls Tribune editor. You can send feedback using this form.
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