MISSOULA — Decades after asbestos contamination was discovered in Libby, Montana, families and courts are still grappling with the health impacts. On Tuesday, the U.S. Ninth Circuit Court of Appeals heard a case, Wells & Walder vs. BNSF, that could affect hundreds of similar lawsuits.
The case before the court involves the estates of Tom Wells and Joyce Walder. Both died in 2020 of mesothelioma, a fatal lung disease, after being exposed to asbestos decades ago. Both died within months of being diagnosed. There are currently 210 pending cases representing 388 people. A ruling from the Ninth Circuit could change the legal landscape for all of them.
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The two families were awarded $4 million each in district court in Montana in 2024. The families say the victims were harmed specifically by asbestos that accumulated at the BNSF railyard — dust that was easily kicked up and sent airborne into the community.
BNSF is appealing the $8 million judgment.
In 2020, the Montana Supreme Court found BNSF strictly liable for the way it handled Libby asbestos, but gave an exception for their transportation of vermiculite. Common carriers, like railways, are subject to federal transportation rules and can be exempted from state laws because they have to move goods, sometimes even harmful goods, across state lines.
Since that ruling, this case is the only one that has gone to trial. A Montana Federal Court and jury decided BNSF was liable and the exception did not apply.
On Tuesday, a panel of federal judges heard BNSF's appeal. Their lawyers argued the railroad only transported vermiculite in Libby, so it should be protected under both Montana's common carrier exception and under federal transportation laws, which they argue preempts state law.
But the plaintiffs claim BNSF used the railyard for more than just transporting vermiculite. They argued that BNSF allowed toxins to pile up for decades, which they say was not a part of their transportation mission covered by common carrier exception.
Joyce Walder grew up in Libby. Tom Wells spent summers working in the Yaak while going to college and lived near the railyard at the time.
Wells' son, Jack, said his father was very active and had climbed Mount Baker before he got sick. He was a runner, an angler, and a coach. Jack Wells said his dad started the legal journey before he died and feels it's their obligation to see it through.
"I think he felt like he had a lot of good years taken away from him, and he also knew it could potentially help out a lot of other people in the Libby community," Jack Wells said. "So, we feel it's a valuable process to see out. We realize if this case gets a good outcome then it's going to be favorable for a lot of other people in Libby in similar situations."
Joyce Walder's family said she was a master sergeant in the Air Force Reserves. She served in Desert Storm and Operation Iraqi Freedom. She had planned to travel with her sister, but died at the age of 66.
The plaintiffs are asking the Ninth Circuit to put the case before the Montana Supreme Court for certification. BNSF is asking them to reverse the district court's $8 million judgment.
It has taken years to reach this point as vermiculite mining started in the 1920s in Libby.
In 1963, W.R. Grace bought the mine and would operate it until its closure in 1990. Investigations into public concern over exposure to asbestos would start years later in 1999.
By 2000, the Environmental Protection Agency began removal actions at the site and by 2002, the Libby mine was added to the Superfund program. The first public health emergency for Libby, however, was declared in 2009, almost 30 years after the mine closed.
Studies have found that hundreds of Libby residents have died from asbestos-related illnesses since the contamination began.
In the interest of full transparency, MTN News reporter Sean Wells is a plaintiff in this federal court case.
Wells recused himself from all asbestos-related and Libby news coverage in 2021 when he became involved in the litigation.
This decision reflects MTN News & Scripps' commitment to maintaining journalistic integrity and providing fair, balanced coverage to our viewers.
The station makes editorial decisions like this to ensure our reporting remains objective and free from potential conflicts of interest.
This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
