BNSF Railway attorneys are set to present their case before jurors on Friday, arguing that the railroad should not be held accountable for the lung cancer deaths of two former residents of Libby, Montana. The town is known as one of the deadliest sites in the federal Superfund pollution program due to asbestos contamination.
Attorneys for BNSF, owned by Warren Buffett, claim that the railroad's predecessors were unaware that the vermiculite they transported from a nearby mine contained hazardous asbestos fibers. This trial marks the first of many lawsuits against the Texas-based railroad corporation regarding its past activities in Libby.
W.R. Grace & Co., a chemical company that operated a vermiculite mine near Libby until 1990, has been a central figure in the town's asbestos tragedy. The company has paid substantial settlements to victims, although its separate liability is not the focus of the current trial.
U.S. District Court Judge Brian Morris emphasized that the case revolves around the railroad's conduct, not W.R. Grace's actions. The extent to which W.R. Grace informed BNSF about asbestos dangers has been a point of contention.
Former railroad workers testified that they were unaware of the risks associated with asbestos exposure, attributing responsibility to Grace employees for loading and handling the vermiculite. The plaintiffs argue that BNSF should have been aware of the dangers, citing warning labels on rail cars and conferences discussing dust diseases attended by BNSF executives.
The Environmental Protection Agency intervened in Libby following reports in 1999, declaring a public health emergency in 2009. While cleanup efforts have been undertaken, the long latency period of asbestos-related diseases means that individuals previously exposed may continue to fall ill for years to come.
Family members of the deceased plaintiffs testified that their loved ones succumbed to mesothelioma shortly after diagnosis, attributing their illnesses to dust from the rail yard. A video of one of the victims, recorded before his passing, highlighted the devastating impact of asbestos-related diseases.
