Is state liable for asbestos cases?

A divided state Supreme Court decided this month that state officials had a responsibility to warn employees of the W.R. Grace vermiculite mine at Libby about the health hazards of asbestos exposure.

At first glance, this news seems like some measure of vindication for former mine workers and other Libby area residents who are battling the long, drawn-out effects of asbestos disease. Someone should be held accountable, and now the high court has declared that someone, at least in part, is the state itself.

The 4-3 vote of the high court is proof, however, that the issue isn't as simple as it seems. While the court decided the 1972 Montana Constitution abolished the government's immunity from being sued over asbestos claims, it also said a District Court trial is needed to determine how negligent state agencies were in their oversight of the mine and whether the government will be required to pay damages.

Justice Patricia Cotter summed it up, saying "plainly, the state knew as a result of its inspections that the mine's owner was doing nothing to protect the workers from the toxins in their midst."

The blame game is the easy part of the Libby asbestos saga. Grace should be blamed; so should federal and state agencies charged with inspecting health conditions at the mine.

The difficult question is who pays for the damages.

Grace settled a few Libby claims before filing for protection under Chapter 11 bankruptcy, a move that put hundreds of lawsuits on hold.

The federal government is paying for some of the aftermath of Grace's actions. To date, the Environmental Protection Agency has spent roughly $90 million in Superfund money on cleanup in Libby.

Should the state be required to pay damages to the nine people who have already sued the state? How many more will file claims in the wake of the Supreme Court's decision?

We believe the state could have been more careful in regulating the vermiculite mine, and we want to make sure the rights of those harmed are protected to the letter of the law. But it's hard to see how the state itself is responsible for the negligence that occurred on Grace's watch.

Remember, Montana's taxpayers in essence are the state, and taxpayers shouldn't have to shoulder the financial burden left by Grace. Paying for a portion of asbestos victims' medical expenses may be appropriate, but under no circumstances should the state be assessed any punitive damages for victims.

Attorney General Mike McGrath was right on the money when he acknowledged the ruling could have a profound impact on the state if it's decided the government has a duty to pay miners and others ill with asbestos disease. This is a major public-health issue, and no matter how much we sympathize with the plight of Libby asbestos victims, the matter of state compensation must be carefully thought out.