Asbestos Exposure in Libby, Montana
Legally Reviewed By: Sam E. Taylor
Managing Attorney | Mesothelioma & Asbestos in Houston
- Page Last Updated:
- September 28, 2024
Legally Reviewed By: Sam E. Taylor
Managing Attorney | Mesothelioma & Asbestos in Houston
- Page Last Updated:
- September 28, 2024
The natural beauty of Libby, Montana, has been forever overshadowed by the legacy of asbestos on Vermiculite Mountain, home of the largest vermiculite mine in the world from the 1920s until 1990. While vermiculite is not known as a harmful substance, the Libby mine’s vermiculite was contaminated with asbestos. As a result, people exposed to Libby vermiculite have developed mesothelioma and other deadly illnesses.
Thousands more Libby residents have contracted asbestos-related illnesses. The Environmental Protection Agency has referred to the Libby vermiculite contamination as the worst human-made environmental disaster in United States history. Due in part to the enormous buildup of asbestos at the BNSF railyard in downtown Libby, the EPA has designed the entire town as a Superfund site.
Our mesothelioma lawyers at the Lanier Law Firm have been standing up for asbestos-exposure victims for over 30 years. We are partnering with Jinnifer Jeresek Mariman, Ethan Welder, and their team at McGarvey Law to help victims of Libby asbestos exposure get justice. Ms. Mariman is a Montana mesothelioma lawyer and a Libby native who has seen the impact of Libby asbestos first-hand. On April 22, 2024, we won an $8 million jury verdict against BNSF Railroad on behalf of two Libby families whose loved ones died from mesothelioma.
Libby, Montana Asbestos Contamination
Vermiculite is a naturally occurring mineral. Like asbestos, vermiculite’s heat resistance makes it a popular component in insulation. The material is also used as a soil conditioner.
Conditions similar to those that form asbestos also form vermiculite. Both materials can develop near each other in the earth and cross-contamination can occur during mining.
The Libby mine was the world’s largest producer of vermiculite. The mine was opened in the 1920s by the Zonolite Company, and W.R. Grace and Co. purchased the mining operations in 1963.
Unfortunately, Libby’s vermiculite deposit was contaminated with tremolite-actinolite asbestos at a level as high as 26 percent. This form of asbestos is part of the amphibole family, or in the case of the Libby vermiculite mine, Libby amphibole asbestos.
While all types of asbestos can cause deadly illnesses, amphibole asbestos is more toxic than the more common chrysotile asbestos because its needle-like structure allows it to become more deeply embedded in lung tissue.
Amid growing public concerns about the impact of Libby asbestos, the Environmental Protection Agency investigated the site in 2000. Testing by the agency found asbestos contamination in the downtown Libby Railyard, owned by BNSF Railroad. As a result of the catastrophic asbestos contamination, the EPA designated the railyard as a Superfund Site, resulting in a massive, years-long clean-up process.
Libby, Montana Asbestos Exposure
After it was mined, a conveyor belt moved the asbestos-tainted vermiculite across the Kootenai River and poured it into BNSF rail cars. Large quantities of vermiculite landed on top of the cars. BNSF Railroad transported the contaminated vermiculite 4.5 miles down the mountain to the railway station in downtown Libby. Large clouds of asbestos-filled dust spilled onto the railroad and disseminated into the ambient air as the trains traveled the railyard. There, they were parked close to the mainline track where trains sped through the railyard every hour, on the hour, at 55 miles per hour, casting toxic dust into the community.
Over time, large piles of asbestos dust formed along the railroad and in the railyard. Testing revealed that dust from the mine contained as much as 80 percent asbestos.
“You had decades of this toxic place building up in the railyard in the heart of downtown Libby.” – Sam Taylor
BNSF Railroad Exposed Libby Residents to Asbestos Long After the Mine Shut Down
Even after the mine shut down in 1990, asbestos fibers from the dust piles in the BNSF railyard and throughout the tracks were carried into the homes, recreational areas, businesses, and other populated areas in Libby, exposing thousands of Libby residents to a risk of developing deadly asbestos-related diseases. Children played in the dust piles at the railyard and rode their bicycles along the contaminated tracks.
A whole decade passed before the EPA investigated the site. Even after ten years, the EPA found levels of airborne asbestos in Libby nearly 100,000 times higher than they are today after the cleanup.
The source of the continued contamination of asbestos in Libby was the BNSF railyard.
Timeline of the Asbestos Contamination Cleanup in Libby, Montana
- 1999: The EPA responded to public concern about asbestos contamination in Libby.
- 2000: The EPA began officially investigating asbestos contamination in Libby
- 2002: The EPA designated Libby as a Superfund Site
- 2009: The EPA declared a national emergency in Libby.
- 2018: The EPA completed remedial action in and around Libby.
- 2020: The Montana Department of Environmental Quality took responsibility for the remaining work in the Libby asbestos cleanup, which is ongoing.
Libby, Montana Asbestos Deaths
Exposure to asbestos from the BNSF Railyard in Libby has caused thousands of Libby residents to develop an asbestos-related disease unique to Libby amphibole asbestos, as well as the following:
- Mesothelioma
- Lung cancer
- Asbestosis
- Esophageal cancer
- Ovarian cancer
- Rectal cancer
A study published in the Journal of Exposure Science & Environmental Epidemiology found that from 1979 to 1998, the malignant respiratory death rate in Libby residents was 20-40 times higher than expected. Meanwhile, non-malignant respiratory deaths from illnesses such as asbestosis were at least 40 times higher than expected. The latency period of mesothelioma and other asbestos-related diseases is ten years or more after the initial exposure. Thus, the study’s results likely cover workers exposed to Libby asbestos from the 1950s to the 1970s.
As of 2022, more than 400 people have died of asbestos-related illnesses in connection with Libby asbestos, and more than 2,400 have been diagnosed with mesothelioma or other asbestos-related illnesses.
Libby, Montana Asbestos Cleanup
The EPA began removing asbestos from the Libby mining site in 2000. In 2002, it designated the Libby mine as a Superfund site and placed it on the National Priorities List. The agency found such high concentrations of asbestos in the area that it declared a Public Health Emergency in Libby in 2009 to enable residents to receive federal assistance for asbestos illnesses. This was the first time in history that the EPA had declared a federal emergency.
To date, the EPA has completed the following steps in the cleanup effort in Libby, Montana:
- Cleaned the former Export Plant site and the Highway 37 embankment.
- Investigated more than 7,800 residential, commercial, and industrial sites.
- Cleaned up more than 2,600 properties in Libby and nearby Troy.
- Removed asbestos from the former Stimson Lumber Company property.
- Cleaned up 30 miles of affected national and state highways.
- Removed more than a million cubic yards of contaminated soil.
- Removed more than 30,000 cubic yards of contaminated building materials.
- Removed millions of pounds of asbestos-contaminated dirt from the BNSF Railyard in downtown Libby
- Removed thousands of asbestos-contaminated rails and crossties along the BNSF railroad
Is the Asbestos Cleanup in Libby Completed?
Cleaning up the extensive asbestos that has contaminated the Libby area is a massive effort that will not be completed for many years.
The EPA has completed the cleanup of all schools, parks, residential areas, and business locations in Libby and Troy. On December 8, 2014, the EPA announced that it had effectively managed the cancer risk from asbestos exposure in Libby. It stated that airborne asbestos concentrations were approximately 100,000 times lower than when the mine and processing facilities were active.
However, cleanup efforts are ongoing, and Libby remains a Superfund site. The EPA is working in cooperation with the Montana Department of Environmental Quality, the United States Forest Service, and other agencies to facilitate the continued effort.
According to our attorney Sam Taylor, who has visited Libby:
You can still go out there along the railway and see visible vermiculite…It looks like little gold or shiny particles on the ground along the railway…I actually saw some of it myself.
Who Is Responsible for Libby Asbestos Exposure?
BNSF Railways knowingly exposed Libby area residents to asbestos and failed to take measures to protect its railroad workers or the public. The American railroad industry has known about the hazards of asbestos since at least the 1930s. BNSF Railways knew the W.R. Grace mine was contaminated with asbestos and that the vermiculite it was spilling in its Libby Railyard was contaminated with deadly amphibole asbestos.
Our Landmark Verdict Against BNSF Railroad
On April 22, 2024, a jury awarded our clients a landmark $8 million verdict, unanimously finding that asbestos from the BNSF Railyard in downtown Libby caused the death of their family members, Joyce Walder and Tom Wells, from mesothelioma. Tom Wells’ home was a stone’s throw from the BNSF railyard, and Joyce Walder was born and raised in Libby. Neither of our clients’ family members ever worked for W.R. Grace or the railroad, making our case the first community-exposure case against BNSF Railroad.
BNSF has refused to take responsibility for exposing Libby residents to asbestos despite its activities causing the worst environmental disaster in history.
BNSF Railroad Found Strictly Liable
The jury found BNSF Railroad liable on strict liability.
The doctrine of strict liability holds defendants liable for harm without the necessity of proving negligence. In this case, the jury agreed that we successfully proved the following:
- BNSF Railroad created an abnormally dangerous condition in Libby, making it strictly liable for the deaths of Joyce Walder and Tom Wells.
BNSF Railroad Knew the Vermiculite Contained Asbestos that Was Hazardous to Human Health
BNSF railroad was more involved with W.R. Grace’s operations than merely transporting its goods. It participated in vermiculite product development, oversaw operations at W.R. Grace’s shipping facilities, collected soil samples in search of new sites, and more. Its knowledge of the presence of asbestos has been well-documented since the 1920s.
BNSF Railroad attempted to evade liability by claiming it didn’t know the vermiculite was contaminated. However, we used documents we had obtained to prove to the court that BNSF knew the vermiculite contained asbestos and even explored ways to profit from the asbestos in the vermiculite. As a result, the judge told BNSF that it could not point the finger at W.R. Grace.
“BNSF was not just an innocent common carrier. There is no question that they were in cahoots with W.R. Grace.” – Sam Taylor
Our Law Firm Is Pursuing Claims for Libby Asbestos Exposure Victims
We are currently pursuing other community exposure cases, including one going to trial in December 2024.
As Mark Lanier told AP News, “This is just the tip of the spear, and the rest of the spear is going to be coming.” We are working on nearly 2,000 cases against BNSF on behalf of Libby residents.
Our firm has won over $20 billion in mesothelioma settlements and verdicts against large companies that exposed workers and the public to asbestos.
What Should I Do If I Was Exposed to Libby Asbestos?
Being exposed to asbestos doesn’t guarantee that you will develop an asbestos-related illness, but it does increase your risk. Tell your doctor about your asbestos exposure, and contact the Center for Asbestos-Related Disease, or CARD, in Libby. This nonprofit clinic provides free screenings to Libby residents. You can reach the CARD by calling (406) 293-9274.
According to the CARD, approximately 25 to 27 percent of Libby residents have asbestos-related diseases. If you’ve been diagnosed with an asbestos-related illness, you will need early treatment for the best possible outcome. Due to the severe, widespread asbestos exposure in Libby, Medicare provides special benefits for Libby residents who have contracted asbestos-related diseases. You can receive treatment at the CARD.
The Libby community has suffered needlessly for decades because W.R. Grace and BNSF Railway embraced corporate greed over public safety. If you’re suffering from mesothelioma or you’ve lost a family member to the disease, you deserve justice.
Our compassionate and skilled attorneys at the Lanier Law Firm can help you file a mesothelioma claim so you can hold them accountable and recover significant financial compensation for you and your family. Contact us today to schedule a free consultation.
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