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Warren Buffett-owned BNSF Railway contributed to 2 deaths in Montana town where asbestos sickened thousands, jury finds

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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.

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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.

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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.

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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.

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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.

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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.

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Small Montana Town Knows How To Have A Great Time

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Small Montana Town Knows How To Have A Great Time


In case you missed it, the cute town of Manhattan is putting the “F” in fun.

This July, Outta Bounds Golf is set to open for the community to enjoy. It’s similar to a Top Golf experience surrounded by beautiful mountains and a big sky. You will be able to play mini golf, work on your driving distance, all while enjoying food and drinks.

You can see the full article below and also register for the VIP Grand Opening which will take place July 4th, 5th, and 6th.

OUTTA BOUNDS GOLF: ALL YOUR INFO HERE

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If you are looking for fun sooner than July, starting May 15th the Manhattan American Legion is hosting their first ever Music Bingo Night.

The fun starts at 7 PM and is going to happen every other Wednesday for the time being, but like the community always does, the more people that show up, the more often this fun event will take place. Hopes of having it every Wednesday are not out of the picture.

American Legion/Rod MacKay Facebook Page
American Legion/Rod MacKay Facebook Page

You think this is great…just wait until August when we have the Manhattan Potato Festival! Saturday, August 17th, round up the kiddos and get your spots early for the parade and a day full of super fun events put on by local businesses and more.

Manhattan Potato Festival Facebook Page
Manhattan Potato Festival Facebook Page

The town of Manhattan really knows how to have a good time. Follow their local social media pages for events happening every week for folks of all ages.

Nice work Manhattan! Keeping the community active and keeping Montana, Montanan.

The 11 Most valuable crops grown in Montana

Wheat might be the most valuable crop grown in Montana, but there’s more than just that growing under the Big Sky. Stacker lists the 11 most valuable crops grown in Montana.

Gallery Credit: Nick Northern

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Top 5 RV Parks in Montana

When you need more than just a campground, you might need an RV park! Especially if you like to travel the country in a proper Recreational Vehicle, you need to know where to find good places to park for a few days. Montana is home to some very fine RV parks. Here are some of the best that Montana has to offer when you’re on the road.

Gallery Credit: mwolfe





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Montana Supreme Court sides with state in water right dispute

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Montana Supreme Court sides with state in water right dispute



The Montana Supreme Court has sided with the state’s Department of Natural Resources and Conservation in a dispute involving a 64-year-old water right that’s used to irrigate both private and public land.

In a unanimous opinion authored by Justice Beth Baker, the court ruled that the state retains an ownership interest in a water right first claimed in 1960 by John Schutter of Gallatin County. The water right is somewhat unique in that it’s supported by a well that was drilled on private land, but used to irrigate both private and public land. Debra and Sidney Schutter use that well to grow potatoes and other crops on three, square-mile sections of land they own, as well as a square-mile section of state trust land that’s managed by the Department of Natural Resources and Conservation.

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The dispute that inspired the lawsuit began in 2019 when the Montana Land Board — composed of the state’s top five elected officials —  claimed ownership of the portion of the water right used to irrigate the state land. The Schutters objected to the state’s ownership claim and brought the matter before the Montana Water Court, which ruled in favor of the state.

In their ruling on April 30 upholding the Montana Water Court’s decision, the justices argued that the state must exercise some ownership over the water right to act in accordance with its directive to “secure the largest measure of legitimate advantage” for state trust land beneficiaries — Montana’s public schools.

The justices found that the use of the Schutters’ well water on state trust land plays a key role in the dispute because it demonstrates that the water is being put to “beneficial use” — one of the conditions that must be met before the state will authorize a water right. Had the state land been excluded from the water rights application, “the Schutters’ claim to a water right would have been different, perhaps smaller,” the justices wrote.

The justices further concluded that the water rights are intertwined with the state’s property rights because much of the state exists in a semi-arid zone where “control of water means control of the land itself.” To ensure that the state is maximizing its trust lands’ potential, it’s important that the state also exercise some control over the water rights used to irrigate state trust land, the justices suggested.

Carl Devries, who sits on the board of the Senior Ag Water Rights Alliance, described the state’s position as a “government bureaucracy gone insane” in a recent op-ed in the Billings Gazette about the lawsuit.

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“This ruling significantly undermines private property rights and will have long-lasting and negative effects,” DeVries wrote in an email to Montana Free Press. “As a result of the Supreme Court’s decision, water rights holders are now faced with a tough choice: protect their valuable water rights or fully use their state-leased land.”

DeVries said the holders of water rights might now be inclined not to use their water rights on state-owned land out of fear that the state will claim partial ownership over the right. That, he wrote, would be a loss for both the lease-holder — who could be limited to a less-productive use of the land — and Montana’s public schools. Since land with water access is generally more productive, a lessee’s decision not to apply their water right to state trust land could result in a decline in revenues for school system coffers.

DeVries called for the Land Board to exercise greater oversight over the Department of Natural Resources and Conservation “so it can no longer make these unilateral decisions.” More specifically, he urged the Land Board to take up the matter when they meet on May 20.

The DNRC did not respond to MTFP’s request for comment.

Amanda Eggert is an environmental reporter for the Montana Free Press, a Helena-based nonprofit newsroom, and can be contacted at aeggert@montanafreepress.org.

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Montana Man Sentenced to Federal Prison for Trafficking Fentanyl Through Idaho

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Montana Man Sentenced to Federal Prison for  Trafficking Fentanyl Through Idaho


COEUR D’ALENE, Idaho (KMVT/KSVT) — Quinn Michael Brockman, 34, of Libby, Montana, was sentenced to 48 months in federal prison for possession with intent to distribute fentanyl, U.S. Attorney Josh Hurwit announced today.

According to court records, Brockman was pulled over in the Coeur d’Alene area while traveling through Idaho with over 216 grams of fentanyl pills that he had recently acquired in the Seattle area.  Based on the quantity involved, law enforcement’s investigation, and Brockman’s own statements, the pills had been acquired for the purpose of reselling in Montana.

U.S. District Judge Amanda K. Brailsford also ordered Brockman to serve three years of supervised release upon the completion of his prison sentence.  Brockman pleaded guilty in August 2023.

Fentanyl continues to plague communities throughout the country and these two cases are prime examples of its far-reaching effects.  Addiction to fentanyl was a contributing factor behind both of these cases.

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“I am grateful for our collaboration with ISP and all law enforcement in North Idaho to remove fentanyl dealers from our state,” said U.S. Attorney Hurwit.  “Together, we are committed to addressing the fentanyl problem affecting the health of our communities.”

“Our ongoing collaboration with the DEA Task Force and the U.S. Attorney’s Office is a testament to a joint commitment to community safety,” said Idaho State Police Captain Paul Berger of District 1.  “These partnerships significantly amplify our effectiveness and underscore the critical importance of interagency cooperation in addressing our region’s complex challenges. By fortifying our ability to combat crime and upholding the law, we will continue achieving positive results and foster safer communities.”

U.S. Attorney Hurwit commended the Drug Enforcement Administration and the Idaho State Police for their investigation in this case.



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