Controversial Asbestos Bill Passes in Montana as BNSF Faces Legal Fallout

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News Summary

Montana’s new asbestos bill impacts wrongful death claims against BNSF Railway, raising concerns for victims of asbestos exposure in Libby.

Controversial Asbestos Bill Passes in Montana as BNSF Faces Legal Fallout

On September 14, 2022, a freight train operated by BNSF Railway made its stop at the Whitefish Depot, marking a significant moment not just for transportation but also for ongoing legal battles surrounding asbestos exposure in Montana. Just days later, the Montana House of Representatives approved two measures impacting wrongful death and personal injury claims against BNSF, creating a ripple effect in the community already grappling with the devastating aftereffects of asbestos contamination.

New Legislation Tightens Asbestos Tort Claims

Among the measures, House Bill 803 stands out due to its new evidentiary requirements for asbestos tort plaintiffs. Proponents argue that the legislation addresses concerns about fraudulent claims that have emerged in the past. However, critics emphasize that the law overlooks the grave realities faced by those in Libby, Montana—a community infamous for its history of asbestos exposure linked to a vermiculite mining operation.

The mining operations in Libby, conducted under W.R. Grace from 1963 until its closure in 1990, exposed thousands of residents to harmful asbestos fibers. As a result, the community has suffered immensely, with approximately 3,000 residents diagnosed with asbestos-related illnesses like mesothelioma, a lethal cancer primarily linked to asbestos exposure.

BNSF Railway’s Continued Legal Challenges

BNSF Railway, which transported the contaminated vermiculite from Libby, has been found liable in various court cases, with around 400 lawsuits filed against the company by Libby residents. Just weeks prior to the legislation’s passing, a federal jury in Helena awarded each family of mesothelioma victims Thomas Wells and Joyce Walder $4 million in compensatory damages, linking their illnesses to asbestos found in the BNSF railyard.

While BNSF was deemed negligent, it was not found to have acted with intentional harm, sparing the company from punitive damages. The ruling designated that the contamination from the asbestos-laden vermiculite in Libby significantly contributed to the tragic outcomes faced by the victims and their families.

Criticism of the New Bill

Following the bill’s narrow passage in the House, where the vote tally was 51-48 with all Democrats opposed and some Republicans from Northwest Montana breaking ranks, there are growing concerns regarding its implications. Critics, including Roger Sullivan, a lawyer representing plaintiffs, argue that HB 803 primarily benefits BNSF Railway at the expense of victims and allows the company to deflect blame onto W.R. Grace. The new legislation requires plaintiffs to disclose any past claims made to asbestos trusts and expand their exposure history, often making it more challenging for victims to present their cases.

The Legacy of Asbestos Exposure in Libby

The ramifications of asbestos exposure in Libby extend beyond the present. The Environmental Protection Agency (EPA) declared it a public health emergency in 2009, and more than $600 million has been spent on decontamination efforts. W.R. Grace filed for bankruptcy in 2001, establishing a $1.8 billion asbestos trust to handle future claims, yet many claimants have reported difficulties navigating the claims processes.

Furthermore, as the long latency period of asbestos-related conditions means diagnoses will continue for years to come, the town’s struggle is far from over. With the state of Montana previously neglecting to adequately inform residents about the dangers of asbestos, the situation remains complex and troubling.

The Broader Implications for Asbestos Claims

The passage of House Bill 803 marks a controversial turning point in the landscape of asbestos-related claims in Montana. As more high-profile lawsuits against BNSF Railway unfold, the affected community continues to bear the brunt of this multifaceted tragedy. The legislation will now head to the Senate Judiciary Committee as residents and advocates await its next steps, unsure of how such laws may shape future remedies for those harmed by an environmental disaster that remains one of the worst in U.S. history.