GASSED: The True Story of a Toxic Train Derailment

We conclude the two-book series with a reflection and look forward from Lucinda Hodges, followed by some end notes. To see the books GASSED: The True Story of a Toxic Train Derailment, along with photos, illustrations and video links, visit Amazon.com. Thanks for listening. Pictured: The Lothrop Pine near Alberton, Montana (RL Scholl)

Under pressure from the failure to find Montana Rail Link negligent in court, most of the remaining Alberton chlorine spill cases settle, including Lucinda Hodges’ family. Looking back over the past five long years, Hodges shares the chronic health impacts of her family’s exposure.

We consider all of the evidence and information surrounding the Alberton derailment, and the obstruction of the EPA and other government agencies and responders in the immediate days following the derailment, to offer a reasoned explanation for the Montana Rail Link derailment and the obstruction. Pictured: Le Schutter giving tearful testimony about his son, MRL train engineer Billy Schutter, at the National EPA Ombudsman hearing on the Alberton case in Missoula in 2000.

Insiders at Montana Rail Link reflect on the railroad’s operations after they have been found not negligent for the Alberton derailment and chlorine spill.

Prior to his closing argument, plaintiff attorney Ted Lyon ruminates on the Alberton chlorine spill litigation. When the verdict is announced, one side celebrates while the other is angry, and the jury foreman feels duped by the process.

The only case to try MRL for liability over the Alberton derailment and chemical spill, pits plaintiff Sam Austin vs MRL and BN. At stake is also MRL’s negligence, and potential punitive damages. The outcome will likely affect all remaining lawsuits.

We consider competing theories for why the Alberton derailment and chemical spill occurred, and how federal preemption threatens to derail plaintiffs’ argument. We also examine the burden of proving liability or negligence against MRL for the derailment and any injuries, and of seeking punitive damages.

We consider how A-rail might have contributed to the failed rail that caused the Alberton chemical spill, and how various stresses, in combination with rail wear, played a role. Pictured: diagram of making steel rail

We take a close look at Montana Rail Link's rail wear standards, and how rail wear might have contributed to the Alberton derailment and toxic chemical spill. Pictured: new rail and rail wear measurement diagram

Following the disastrous Alberton derailment and chemical spill, along with other recent derailments on the Montana Rail Link line, the FRA conducts a special investigation. We also take a closer look at a VSH—a vertical split head—and how they form in a rail and cause failure. Pictured: diagram of a vertical split head in a rail

Plaintiffs build the case that Montana Rail Link has run an unsafe railroad for many years, culminating in increased accidents and failed rail leading up to the Alberton spill. MRL dismisses the accusations as a ‘junk railroad conspiracy theory.’ We also consider the recent history of Curve 155 inspections.

As litigation heats up between Montana Rail Link and spill victims, a judge sanctions MRL for withholding documents about rail wear on their line. Meanwhile, critical pieces of the failed rail are never found, and some that were found go missing.

We briefly look at the three cases that go to trial over the Alberton spill, and then consider the issue of liability for the derailment, which Montana Rail Link vigorously denies. Pictured: Map showing worst areas of chlorine damage (bronzing) to conifers.

The final piece in the medical case for Alberton spill victims considers the evidence for neurological, or brain, damage from chlorine. Pictured: Dr. Kaye Kilburn at the EPA Ombudsman hearing on the Alberton spill (video frame grab by RL Scholl)

We examine how health officials and health agencies approached issues around chemical sensitivity, and how their conclusions impacted spill victims. Pictured: Ellen Leahy, director of the Missoula City-County Health Department

We examine the relationship between Alberton chemical spill victims and the doctors who treated them--or served as witnesses against them in litigation. Pictured: Dr. Fredrick Mote of Superior, Montana

We consider what was known about exposure to chlorine gases at the time of the Alberton spill, and understood about multiple chemical sensitivity.

We continue the chapter on Claims, as Alberton spill victims recount their experiences with Montana Rail Link claims agents. We also look at the case to be made for exposure to chlorine and other chemicals in the Alberton spill.

We begin the final part of GASSED, Part 6, The Last Train, which examines the only remaining avenue for justice for the Alberton spill victims--litigation. Pictured: may of Cyr to Frenchtown

We conclude Part 5, as Robert Martin resigns as EPA Ombudsman rather than accept the restructuring of his office, which would vastly weaken its function. With Martin no longer on the Alberton case, the EPA Office of Inspector General issues a final report on the Alberton spill.