A federal court ruled Tuesday that BNSF Railway can’t be held liable for vermiculite shipments that spread asbestos contamination along its tracks in Libby.
For decades BNSF shipped vermiculite ore from a now-closed Libby mine to processing plants across the country. Dust containing asbestos leaked from those cars, contaminating the Libby railyard.
Hundreds of Libby residents have sued BNSF.
Two families of residents that died from lung cancer tied to asbestos exposure were the first to receive a trial in 2024. A jury partially ruled in favor of those families, awarding them $4 million in damages.
The Ninth Circuit Court of Appeals overturned that ruling. Federal and state law requires railways like BNSF to accept goods for shipment. Justices say because the railway couldn’t deny the vermiculite shipments, it can’t be held liable for damages from asbestos contamination.
That ruling could impact whether other lawsuits against BNSF go to trial.
BNSF declined to comment on the ruling. Kalispell-based Attorney Jinnifer Mariman in a statement said the two Libby families are considering whether to appeal.
