In a federal civil court in Montana, BNSF Railway is under scrutiny as it faces the first of many lawsuits concerning its alleged involvement in the asbestos contamination that plagued the town of Libby. The lawsuit seeks to hold the Texas-based railroad corporation accountable for the lung cancer deaths of two former residents who were exposed to hazardous asbestos fibers.

Attorneys for BNSF Railway, owned by Warren Buffett's Berkshire Hathaway conglomerate, argue that the railroad should not be held liable as their corporate predecessors were unaware of the asbestos contamination in the vermiculite they transported from a nearby mine over several decades. They claim that the responsibility for the asbestos exposure lies with W.R. Grace & Co., a chemical company that operated the vermiculite mine outside of Libby.

The current and former residents of Libby, a small town near the U.S.-Canada border, are seeking justice and accountability from BNSF Railway. Health officials have attributed several hundred deaths and thousands of illnesses to asbestos exposure in the town.

The ongoing trial is being monitored closely, with U.S. District Court Judge Brian Morris reminding jurors that the case is solely focused on the railroad's conduct and not on W.R. Grace's separate liability. W.R. Grace and its executives were previously indicted on criminal charges related to the contamination in Libby, but were acquitted in a 2009 trial.

The extent of W.R. Grace's communication about the asbestos hazards to BNSF Railway and its precursors is a point of contention. The railroad argues that it was legally obligated to transport the vermiculite and accuses W.R. Grace employees of concealing the health risks from them. Former railroad workers testified that they were unaware of the dangers associated with asbestos and claimed that it was the responsibility of Grace employees to handle the materials.

The plaintiffs' attorneys contest BNSF Railway's assertion, arguing that the company should have been aware of the dangers due to warning signs placed on rail cars carrying vermiculite by W.R. Grace. They also claim that BNSF higher-ups attended conferences in the 1930s that discussed the health risks associated with dust diseases like asbestosis.

Family members of the deceased plaintiffs, Tom Wells and Joyce Walder, have testified that their loved ones' lives were cut short after being diagnosed with mesothelioma, a cancer linked to asbestos exposure. The families attribute their illnesses to the dust blowing from the railway yard in Libby.

The Environmental Protection Agency declared a public health emergency in Libby in 2009, making it the first-ever emergency under the federal Superfund cleanup program. While the pollution in Libby has been largely cleaned up, health officials warn that the latency period for asbestos-related diseases means that more people are likely to fall ill in the coming years.

As the trial unfolds, the outcome will have significant implications for BNSF Railway and its future liabilities in relation to the asbestos contamination in Libby.