MONTANA
Asbestos victims want Buffet’s railroad held responsible
HELENA — An attorney for two people who died of a rare lung cancer argued on April 8 for a jury to hold BNSF Railway responsible for pollution in a small Montana town near the U.S.-Canada border where thousands of people were exposed to toxic asbestos dust.
The railroad — now owned by Warren Buffett's Berkshire Hathaway Inc. — hauled asbestos-tainted vermiculite from a nearby mine through Libby, Montana, over decades. How much BNSF knew about the health hazard from those shipments is it at the center of a weekslong civil trial that began on April 8.
Attorneys for the railroad said it was told repeatedly that the product it was shipping through Libby was safe.
The W.R. Grace & Co. mine that operated most of last century on a mountaintop outside Libby produced contaminated vermiculite that health officials say has sickened more than 3,000 people and led to several hundred deaths.
The pollution has been largely cleaned up. Yet the long latency period of asbestos diseases has meant people have continued getting sick with lung problems.
The estates of Thomas Wells of LaConner, Oregon, and Joyce Walder of Westminster, California, filed a wrongful death lawsuit against BNSF in 2021. They argue the railroad and its corporate predecessors stored asbestos-laden vermiculite in a large rail yard in Libby — before shipping it to plants across the U.S. where it was heated to expand for use as insulation in millions of homes and businesses.
People who lived and worked in Libby breathed in the microscopic needle-shaped asbestos fibers that can cause lung scarring and the lung cancer mesothelioma, the lawsuit argues.
BNSF attorney Chad Knight said the railroad was required under law to accept the vermiculite for shipment and had been told by W.R. Grace that it was safe. The onus was on the shipper to tell the railroad if it was hazardous, Knight said.
NORTH DAKOTA
Lawmakers OK $1 million to defend congressional age limit
BISMARCK — North Dakota lawmakers are expecting a legal challenge to a proposed congressional age limit, and estimate $1 million to defend the measure up to the U.S. Supreme Court, in what some observers see as a likely test case.
A top legislative panel on April 3 unanimously approved a $1 million cost estimate for the state to defend the age limit proposed in a constitutional initiative approved for the June 11 ballot. Some legal scholars and political observers have said a state age limit for members of Congress would be unconstitutional. They cite a 1995 U.S. Supreme Court ruling on term limits that states cannot set congressional qualifications beyond those in the U.S. Constitution.
Republican Sen. Brad Bekkedahl said he "absolutely" foresees an age limit challenge being appealed to the U.S. Supreme Court.
The measure would prevent people from running for Congress if they could turn 81 during their House or Senate term. The $1 million fiscal impact will be listed on the ballot.
It's unclear who would challenge the age limit, if passed. Someone could challenge the age limit as unconstitutional on its face, or an affected candidate could sue, according to Deputy Attorney General Claire Ness.
The measure wouldn't stop any incumbents from running again. The oldest member of North Dakota's three-person congressional delegation is Republican Sen. John Hoeven, at 67. North Dakota has had octogenarian senators in the past, including Democrat Quentin Burdick, who died in office in 1992 at age 84.
NEW MEXICO
Ex-lawmaker accused of diverting money meant for schools
SANTA FE — Former New Mexico state Rep. Sheryl Williams Stapleton is facing more federal charges related to allegations that she abused her position as an Albuquerque Public Schools administrator.
Williams Stapleton is accused of diverting money meant for vocational education at Albuquerque Public Schools to businesses and charities in which she had an interest. She also is accused of using her legislative position for personal benefit.
A grand jury indictment filed on March 26 in federal court alleges that Williams Stapleton helped funnel more than $3 million into a Washington, D.C.-based company she helped run, according to the Santa Fe New Mexican.
The newspaper said about $2.5 million of that money was in federal funds.
Williams Stapleton now is facing 30 federal counts including bribery, mail fraud and money laundering.
She has denied any wrongdoing and is scheduled to be arraigned April 9 on the federal charges.
Williams Stapleton still is awaiting trial on 28 state charges that include money laundering and racketeering.
The 66-year-old Democrat was a former majority floor leader who served in the state House from 1995 until her resignation in July 2021. She was fired by the Albuquerque school district that same year.
NEBRASKA
Hildebrand Care Center resident celebrates 105th birthday
It's a rare accomplishment to have "Happy Birthday" sung to you 105 times — something that Hildebrand Care Center resident Helen Schwarz successfully did on April 3.
Schwarz has been a resident at the facility since 2022 and had the rare chance to celebrate her 105th birthday with members of both her extended biological family and facility family.
Though she grew up in Nebraska and Wyoming, she and her family have called Colorado home off and on for many years. In her century-plus lifetime, Schwarz has dedicated her life not only to the raising of her family but also to the retail world, where she specialized in hardware — a surprising choice for a woman of her generation.
She was married in 1944 and welcomed three sons soon after — all of whom are now in their 80s.
In addition to the crowded hallways that were packed with employees ready to congratulate her on 105 years on this earth, Schwarz was trailed by members of her biological family from all over the country.
"It is very special — it's special to have us all together because we live in different parts of the state/country and it's just nice to get together," said Schwarz's granddaughter Kathy Sullivan.
Schwarz, decked out in a glitzy 'birthday girl' sash, was welcomed to her party by a gigantic cake and dozens of her fellow residents, and even live music.
SOUTH DAKOTA
Beloved giraffe at zoo euthanized after foot injury
SIOUX FALLS — A beloved giraffe at a zoo in South Dakota has died.
On April 4, the Great Plains Zoo and Butterfly House & Aquarium in Sioux Falls announced the death of Chioke, an 18-year-old reticulated giraffe. He died March 28.
"Following a severe fracture in his front left foot, Animal Care and Veterinary leaders made the difficult, but responsible, decision to humanely euthanize him," the zoo said in a news release.
Chioke, born in Busch Gardens in Tampa, Florida, came to the zoo in 2007. He grew to nearly 15 feet tall and sired three offspring, who went on to other zoos. The Great Plains Zoo remembered him for his playfulness.
He had recurring hoof and foot issues in his later years, including two fractures to the tip of his toe bone and resulting arthritis, the zoo said. He suffered a more serious fracture in March.
The zoo consulted nationwide for a treatment plan and used several methods, including drugs, rest and laser therapy, but ultimately decided to euthanize Chioke "due to quality-of-life concerns" after his team had ruled out immobilizing him for surgery or an orthopedic device, and X-rays showed the fracture had worsened.
Zoo staff visited the giraffe to say goodbye, feeding him apple biscuits, a favorite of his.
"We remember Chioke as a gentle, curious, mischievous giraffe who was always up for feedings and interacting with his keepers and guests," the zoo said. "'Chioke' means 'gift from God,' and he certainly was."
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