The CARD Clinic in Libby is finished–but, perhaps not forever. Set up to screen and provide services to those affected by asbestos operations in the area over the years, the courts held BNSF Railways responsible for some of the pollution from hauling the toxic materials through town.
Then, two years ago, BNSF prevailed in a lawsuit claiming the clinic committed fraud. Lincoln County District Court granted BNSF a $3.1-million judgement.
The clinic was unable to pay the judgement and so the Court ordered the Sheriff to shut down the facility and seize the assets, which they did last week.
But wait…the money is a Federal Grant and the property seized belongs to the Federal Government. Billings Assistant U.S. Attorneys Mark Smith and Lynsey Ross are in Federal Court trying 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.
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 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 two decades, and remains so today.
