BNSF Railway is facing a lawsuit over the lung cancer deaths of two former residents of Libby, Montana, a town that was heavily contaminated with asbestos from a nearby mine. The railroad, owned by Warren Buffett, claims that its predecessors did not know about the hazardous asbestos fibers in the vermiculite they transported. This case is the first of many lawsuits against BNSF to go to trial over its past operations in Libby, with residents seeking accountability for the asbestos exposure that has caused hundreds of deaths and illnesses.
W.R. Grace & Co., the company that operated the vermiculite mine near Libby until 1990, has played a central role in the town’s tragedy and has settled with numerous victims. However, the focus of the current trial is on BNSF’s conduct and liability, not W.R. Grace’s separate legal issues. The railroad claims that Grace employees hid the health hazards of asbestos, leaving BNSF unaware of the risks. Former railroad workers have testified that they knew nothing about the dangers of asbestos and that Grace employees were responsible for handling the hazardous material.
The plaintiffs argue that BNSF should have known about the dangers of asbestos exposure, citing warning signs placed on rail cars carrying vermiculite by W.R. Grace. They also pointed to conferences attended by BNSF higher-ups in the 1930s discussing diseases related to dust exposure. The Environmental Protection Agency declared a public health emergency in Libby in 2009, leading to a cleanup of the pollution in the town at public expense. However, the latency of asbestos-related diseases means that those previously exposed are still at risk of getting sick and dying for years to come.
Family members of the deceased plaintiffs testified that the dust blowing from the rail yard in Libby led to the sickness and deaths of their loved ones. Video evidence shows one of the victims, Tom Wells, struggling to breathe and expressing his desire to end his suffering. The families believe that BNSF should be held accountable for knowingly exposing people to asbestos in the community. The ongoing trial will determine whether the railroad is responsible for the deaths and illnesses caused by the asbestos contamination in Libby.
The legal battle between BNSF Railway and the families of the deceased Libby residents highlights the consequences of asbestos exposure in a community where hundreds have died and thousands have fallen ill. The case underscores the importance of corporate responsibility and accountability when it comes to environmental and public health hazards. The outcome of this trial could set a precedent for future lawsuits against companies involved in asbestos contamination and potentially lead to increased protections for communities affected by hazardous materials. The residents of Libby continue to seek justice for the losses they have suffered due to the negligence of corporations like BNSF and W.R. Grace.
