HELENA, Mont. (AP) — BNSF Railway attorneys are expected to argue before jurors Friday that the railroad should not be held liable for the lung cancer deaths of two former residents of an asbestos-contaminated Montana town, one of the deadliest sites in the federal Superfund pollution program.
Attorneys for the Warren Buffett-owned company say the railroad's corporate predecessors didn't know the vermiculite it hauled over decades from a nearby mine was filled with hazardous microscopic asbestos fibers.
Looming over the proceedings is W.R. Grace & Co., a chemical company that operated a mountaintop vermiculite mine 7 miles (11 kilometers) outside of Libby until it was closed 1990. The Maryland-based company played a central role in Libby's tragedy and has paid significant settlements to victims.