In Libby, the CARD Clinic may be resurrected if Billings Assistant U-S Attorneys Mark Smith and Lynsey Ross prevail in Federal Court. They made their case in front of Judge Dana Christensen Thursday. They’re hoping to quash the seizure order and want the money and property returned, reopening the clinic. They say Lincoln County District Court has no jurisdiction over a Federal Agency.
Over the years, the Courts held BNSF Railways responsible for some of the pollution from hauling the toxic materials through town. Then, 2-years ago, BNSF prevailed in a lawsuit claiming the clinic committed fraud. Lincoln County District Court granted BNSF a $3.1-million judgement.
State Sen. Mike Cuffe, a Republican representing Lincoln County tells us he’s “stunned and very disappointed.” He notes the clinic has helped many in the community, as well as being the center for understanding the asbestos is problem.
The problems with asbestos has plagued the Libby area for decades, beginning with the Zonolite Company in the 1920s, purchased by W.R. Grace in 1963. The area has been a Superfund site for the past 2-decades, and remains so today.