BNSF Railway asbestos trial begins
Montana Public Radio | By Aaron Bolton
A trial over whether BNSF Railway is liable for contaminating the Libby area with asbestos began Monday.
Families are suing in U.S. District Court on the behalf of Joyce Walder and Thomas Wells. The lawsuit says both died from mesothelioma, which was caused by asbestos. They argue that BNSF knowingly transported vermiculite contaminated with asbestos from a now defunct local mine and didn’t properly warn the public.
BNSF has denied liability.
In a separate case, the Montana Supreme Court ruled that BNSF can be held liable for its role in spreading asbestos. BNSF had argued that the mine owner, W.R. Grace, should be held liable and that it was only transporting goods for a paying customer.
This latest case is the first of many related to BNSF’s role in exposing Libby residents to asbestos
Conservation groups sue U.S. Fish and Wildlife Service over denying gray wolves endangered species protections
Montana Public Radio | By John Hooks
Conservation groups sued the U.S. Fish and Wildlife Service Monday over the agency's decision to deny endangered species protections for gray wolves in Montana, Idaho and Wyoming.
The U.S. Fish and Wildlife Service concluded in February that wolves in the northern Rocky Mountains are no longer distinct from wolves in other western states, and the population at large is not at risk of extinction, even under a “substantial increase” of hunting in the northern Rockies.
Gray wolves in the Northern Rocky Mountain population were delisted in 2011. Wolves in the rest of the contiguous 48 maintain protected status.
In their lawsuit, conservation groups argue the service relied on faulty population models that over-estimated the number of wolves in Idaho and Montana. The suit asks the court to order the government to re-evaluate its decision.
A spokesperson for the U.S. Fish and Wildlife Service declined to comment on active litigation.
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The U.S. Attorney for Montana says the Lincoln County District Court overstepped its jurisdiction by allowing BNSF Railway to seize an asbestos clinic’s property in Libby. It's the latest development in a long-standing legal battle.
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A Libby clinic that screens locals for asbestos-related diseases was shuttered this week. A district court authorized the seizure of the clinic’s property to pay a court settlement.
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For decades, Libby residents have lived with the deadly aftermath of asbestos contamination from a now defunct vermiculite mine. People who were exposed to that asbestos are still getting sick. But getting a diagnosis could become more difficult as potential Trump Administration spending cuts threaten the specialized asbestos clinic that screens locals.
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Federal and state environmental officials said another piece of the Libby asbestos Superfund complex is cleaned up.
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A federal jury has found a Libby medical clinic guilty of falsifying medical records, allowing people to receive over $1 million in benefits for asbestos-related disease.