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.
BUTTE, Mont. — The Sentinel Spartans are the kings of Montana AA baseball.
In the inaugural season of AA baseball in the Treasure State, Sentinel took the title by winning three games in two days at the State AA Tournament, culminating with a 6-3 championship game victory over the Gallatin Raptors.
“It’s tough to find words right now,” said Sentinel head coach Brian Moser. “It was pretty emotional celebrating with the guys. Just really happy for them. What an opportunity. They took advantage of it. Very proud of them. Very appreciative of everything they’ve done for me and Sentinel High School and Sentinel baseball. It’s a great night to be a Spartan.”
Junior Stellan Ridley was stellar for Sentinel, with two triples, two runs scored, and two runs batted in. Kaden Thennis added two hits, two runs, and an RBI while also drawing a hit by pitch. Owen Dale had a hit and a run batted in.
“We have a great mentality,” said Ridley. “I’m so proud of these young guys. As a junior and the seniors, leading us to this and showing how discipline works. We faced some chirpy people, and we just stayed with our level of the game and we performed, as you can see. We won the State Tournament!”
Each win for Sentinel in the tournament came in vastly different fashion.
The Spartans earned a nine-inning victory in their quarterfinal against Butte on Thursday, then came back from a 6-0 deficit after 4.5 innings in their Friday semifinal matinee against the Glacier Wolfpack. But on Friday night, in a game that started at 10 p.m. and ended at 12:08 a.m., Sentinel took an early lead and never trailed enroute to a victory over a Raptors team that had lost just one game all season.
“I had never played a game that late. Going from the early game, it was good that we had that little gap, we got to recuperate and take a solid power nap and come back out here with a lot of energy. Because if we came out flat, there was no way. But we came out with a lot of energy, and we stuck it to them. I mean, that team was good,” said Ridley of their hot start in the title game.
“Baseball is a funny game. There’s a lot of ways to win, there’s a lot of ways to lose. Just happy for the guys for sticking to it and never giving up.” said Moser. “Honestly, it takes a couple of lucky bounces here and there in a State Tournament, and we got those and took advantage. Beat a really, really good Gallatin team tonight. Just extremely proud.”
Gallatin managed to tie the game at 3 apiece in the fifth inning before the Spartans scored one in the sixth and two in the seventh, allowing freshman pitcher Lucas Johansson to earn the win and the save on the mound.
“It’s a big deal. 3 runs are way more than 1. It takes a lot of what the offense can do away. So those were huge, huge runs,” said Moser.
Johansson picked up two of the three wins in the tournament for Sentinel, while fellow freshman Paxson Onstot had the victory in the triumph over Glacier.
“I’m not going to say that’s how we drew it up, but that hopefully gives them confidence to come back next year ready to go,” said Moser. “We’ll have a target on our backs, but that’s okay. A lot of youth, it’s fun.”
Keaton Elliott tossed the first 4.1 innings of the title game for Sentinel, allowing just two hits, three earned runs, and five walks while striking out two.
The title marked the end of a remarkable turnaround for a Spartans team that started the season with a record of 5-7 before winning 10 of their last 11.
“(We got) absolutely shamed by our entire school (at assembly). It sat with me this whole time and I hated that. I just had so much drive,” said Ridley. “What are they going to say now?”
Wyatt Ford pitched a complete game for Gallatin, allowing three earned runs, five hits and a hit by pitch while striking out 10 on 103 pitches.
Ford and Louis Musial had the Raptors only two hits on the night, a triple and double, respectively, while Harvey Kimmel had two runs batted in.
Sentinel ends their season with a record of 15-8, while Gallatin concluded their campaign at 18-2.
“I think Gallatin came in here a little cocky. One loss the whole season, thinking they were going to probably roll us,” said Ridley. “No. We showed them up. Their eyes got big, and they realized we’re not a team to mess with.”
HELENA, Mont. — Montana counties have accepted enough signatures for Seth Bodnar, running for U.S. Senate and Michael Eisenhauer, running in Montana’s 2nd Congressional District, to be on the November ballot, although counts are still unofficial.
County election officials are continuing to verify signatures submitted by Tuesday’s deadline as part of the candidate petition process.
The Montana Secretary of State’s Office has not yet verified, certified or accepted the petitions, according to the Secretary of State’s office.
Counties must submit candidate petitions to the Secretary of State’s office by June 1.
The Secretary of State’s office will then conduct its “statutory review to ensure the petitions meet the necessary legal requirements under law.”
The deadline for the November general election ballot to be certified is Thursday, Aug. 20. By then, all qualifying candidates and any potential ballot issues that qualify for the general election will be officially certified.
The following was out by the Montana Secretary of State’s Office:
The attached report is unofficial. It includes totals that the county election officials have processed and entered in the system. These totals do not represent what the Secretary of State’s Office has received, reviewed, tabulated, or certified. The certified totals may differ from what is reflected.
Seth Bodnar, U.S. Senate
- 13,327 required
- 18,772 accepted
- 7,812 rejected
Kimberly Persico, MT-01
- 6,742 required
- 563 accepted
- 156 rejected
Michael Eisenhauer, MT-02
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- 7,274 required
- 7,754 accepted
- 4,720 rejected
Severe storms moved through parts of Montana on Thursday, prompting a total of 5 Severe Thunderstorm Warnings. Reports included strong wind gusts and hail in several communities, including Augusta, Choteau, Sunburst, Bigfork, Kalispell and Evergreen.
The strongest reported wind gust was 60 mph near Augusta, while hail up to 1 inch was reported near Evergreen and Kalispell.
STORM REPORTS:
12 SE Grant — 56 mph thunderstorm wind gust
7 NNE Augusta — 60 mph thunderstorm wind gust
5 ENE Choteau — 59 mph thunderstorm wind gust
Sunburst — 54 mph thunderstorm wind gust
Ennis — 59 mph thunderstorm wind gust
3 SSW Ennis — 52 mph thunderstorm wind gust
2 E Helena — 54 mph thunderstorm wind gust
19 E Swan Lake — 56 mph thunderstorm wind gust
2 NNW Yaak — thunderstorm wind damage – Multiple downed trees reported along Highway 2 between MM 3 and 8
3 WSW Blacktail — 53 mph thunderstorm wind gust
1 NNW Troy — 49 mph thunderstorm wind gust
5 ENE Choteau — 56 mph thunderstorm wind gust
Turah — 0.88″ hail
1 NNW Bigfork — 0.75″ hail
3 SW La Salle — 0.50″ hail
2 N Evergreen — 1.00″ hail
1 W Kalispell — 1.00″ hail
3 WNW Kalispell — 0.75″ hail
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