A trio of bills that would help shield BNSF Railway from lawsuits related to Libby’s Asbestos Superfund site was in front of the Legislature last week.  

While the suite of proposals is concerning, equally as troubling is the sponsor’s ties to the railroad giant that for decades transported vermiculture from the W.R. Grace mine to downtown Libby. 

Rep. Anthony Nicastro, R-Billings, who is a sponsor of all three bills, is a partner in the Knight Nicastro MacKay firm that takes on complaints against transportation companies involving personal injury, wrongful death, workplace safety and occupational diseases. His firm has represented BNSF Railway — the $20 billion company that operates on the Hi-Line — in cases involving the railway’s liability in over 3,000 asbestos-related deaths and illnesses in Northwest Montana.  

Proponents say Nicastro’s bills would weed out frivolous complaints against businesses and ultimately make the judiciary more efficient. On the surface, that sounds reasonable, but the devil is in the details. 

Luckily, the Montana Trial Lawyers Association and attorneys representing Libby clients read through the legalese and raised the red flag. At a hearing last week, they highlighted how Nicastro’s legislation would protect his own client while putting up additional roadblocks for people who attempt to hold corporations accountable. 

For example, House Bill 303, which revises state law on apportionment of fault, would allow BNSF to place blame wholly on W.R. Grace, even though the company filed for bankruptcy over two decades ago and cannot appear in court.  

Meanwhile, House Bill 302 would require an additional trial for plaintiffs to receive punitive damages, and House Bill 301 would enforce a short period of limitation on property damage claims. 

Ultimately, the legislation gives Nicastro’s client more protection and a leg up in the courtroom, while Northwest Montana residents suffering from asbestos-related diseases are left with fewer opportunities to reach justice. 

It was encouraging to see Eureka Republican Rep. Neil Duram boldly buck his own party in voting against the bills. It’s not easy to break form these days, but in this case, Duram said Lincoln County residents came first. 

“As their representative, I voted the way they would have voted,” said Duram.  

Placing people ahead of corporate interests was absolutely the right choice.  

As the legislation moves forward, let’s hope his colleagues in the Senate can muster the same conviction.