Montana House passes another bill taking aim at asbestos claimants

On the final day before the mid-session break, the Montana House passed two measures affecting hundreds of wrongful death and personal injury claims lodged against BNSF Railway.  

House Bill 803 raises the evidentiary requirements for plaintiffs filing an asbestos tort in Montana. Proponents of the legislation referenced national concerns about fraudulent asbestos claims, including a 2020 press release from the United States Department of Justice while critics brought the argument closer to home. 

“We’re talking about Libby, Montana,” said Rep. Zooey Zephyr, D-Missoula, at a March 1 House Judiciary Committee meeting. “We’re talking about one of the greatest environmental disasters in this country, and we’re thinking about the impacts on an entire town of people.” 

Thousands of Libby residents developed mesothelioma and other diseases after being exposed to asbestos through a nearby vermiculite mining operation. Initial blame for the mass exposure landed at the feet of W.R. Grace, the company that owned the mine from 1963 until its closure in 1990, but subsequent court cases have also established the liability of BNSF Railway, which transported the vermiculture from the mine to downtown Libby. 

Partners with Kalispell-based McGarvey Law currently represent about 400 suits filed against BNSF by residents of Libby and nearby areas. During his testimony before the House Judiciary Committee, Roger Sullivan, a senior partner at the firm, called the bill “a ruse” to protect the railway in the ongoing litigation. 

Under HB 803, plaintiffs would be required to disclose whether they have made any claims to asbestos trusts and provide an extensive exposure history, including all current and previous work history. Sullivan argued that these measures would allow BNSF to “point the finger” at W.R. Grace, even though the bankrupt company cannot appear in court and most claims made to the W.R. Grace Asbestos Personal Injury Trust have yet to be paid out. 

“HB 803 is targeted at and would adversely affect every one of the Libby residents that have remaining asbestos claims and will only benefit the large railroad company whose acts and omissions are at issue in those claims,” said Al Smith, representing Montana Trial Lawyers. 

The bill’s sponsor, Rep. Greg Overstreet, R-Stevensville, is affiliated with a large legal firm that represented BNSF in several cases involving asbestos exposure and environmental pollution, but he dismissed accusations of bias. 

“I don’t think this helps any particular defendant in a way that’s not fair,” he said. 

Rep. Tom France, D-Missoula, was not swayed by Overstreet’s appeals. He echoed the concerns of other opponents and joked that some legislators had taken a “hypocritic oath”— a tongue-in-cheek reference to the pledge doctors make to “do no harm.” 

“We keep helping defendants, in this case a very, very, very large corporation,” said France, likely referencing a trio of bills heard by the House Judiciary Committee earlier in the session. 

House Bills 301, 302 and 303 similarly restricted how victims of asbestos exposure could sue for and receive damages. All three bills passed the House and were sponsored by Rep. Anthony Nicastro, R-Billings, another lawyer with ties to BNSF. Nicastro voiced support for HB 803 during the bill’s second reading. 

The bill passed a final House vote 51-48, with all Democratic representatives voting against the legislation. A handful of Republican legislators from Northwest Montana also opposed the bill, including Rep. Courtenay Sprunger, R-Kalispell. Sprunger confirmed that her decision to vote against the legislation was rooted in concerns for Libby residents.  

As the Legislature resumes, HB 803 and the trio of bills sponsored by Nicastro will likely appear for a hearing before the Senate Judiciary Committee. If approved by the committee, the bills will then move to the Senate floor. 

Reporter Hailey Smalley can be reached at hsmalley@dailyinterlake.com or 758-4433.