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.

We begin Part V-Derailed. The EPA releases its blueprint to muzzle EPA Ombudsman Bob Martin, threatening to derail all of his cases, including Alberton. Meanwhile, the EPA finally retests the Alberton spill site.

Over 4-1/2 years after the Alberton train derailment and chemical spill, Alberton spill victims finally get a public hearing—which includes a startling revelation. Pictured: Le Schutter with John Zeimet at the EPA Ombudsman Hearing on the Alberton Spill (2000)

We conclude "War," as EPA Ombudsman Bob Martin continues his Alberton investigation, while dealing with EPA attempts to control his office. Meanwhile, Dr. Cynthia Lewis-Younger releases the results of her clinical evaluation, and the EPA makes plans to retest the environment around Alberton.

ATSDR releases the results of its Phase 2 study, which, despite its limitations, documents chronic injury in Alberton spill victims. Meanwhile, the EPA declares war on the EPA National Ombudsman, Robert Martin, threatening his Alberton case. Pictured: Lucinda Hodges testifies at the EPA National Ombudsman hearing in Denver, 2000.

While Roger Chalmers pursues his personal investigation into the Alberton chemical spill, EPA Ombudsman Robert Martin shares with ACCEH how his recent victory in the Denver Shattuck case can help with the Alberton case. But the Denver battle is only part of a larger war Martin faces with the EPA itself.

In the summer of 1999, Dr. Kaye Kilburn releases the results of his follow-up neurological testing, and ATSDR sponsors a one-time clinical evaluation for Alberton spill victims. That summer, three Alberton area mothers finally get a meeting with a Sen. Max Baucus aide in Missoula, and while beseeching the senator’s help, vent their anger and frustration.

We begin Part 4, Light at the End of the Tunnel. Suffering from chronic illness and convinced the Alberton area is still contaminated, spill victims appeal to the EPA’s National Ombusdsman, who agrees to take on their case. Meanwhile, the CAG release their overdue Needs Assessment. Pictured: National EPA Ombudsman Robert Martin 2000 (video frame grab, RL Scholl)

Over two years after the Alberton chemical spill, ATSDR releases the results from their initial health survey. Later that summer, in conjunction with a fundraiser for ACCEH, Hodges releases public information about safety problems on MRL’s rail line. Within weeks, her husband is brutally attacked. Pictured: health data from the ATSDR Phase 1 Survey

ATSDR sets up a Community Advisory Group for Alberton spill victims, and a power struggle quickly develops between ACCEH and the new Mineral County Sanitarian, who becomes head of the CAG.

Advocates for Alberton spill victims, Lisa Mosca and Hope Sieck take their video camera to the state capital of Helena, Montana, to interview Tom Ellerhoff, administrative officer for MT Department of Environmental Quality, who has oversight on the Alberton spill site remediation. The encounter leaves them in awe. Pictured: Tom Ellerhoff, MT DEQ (Lisa Mosca video screen grab)

Nineteen months after the Alberton derailment and toxic chemical spill, a Montana Rail Link runaway train running full speed downriver, threatens to derail near or in Missoula, and emergency authorities have no idea what cargo the train carries. Pictured: the pileup aftermath of MRL's Runaway Train. (screenshot from Lisa Mosca video footage)

A year and a half after the spill, Alberton spill victims get their first meeting with ATSDR, and their first chance to vent complaints at a public meeting since their return home. But Lucinda Hodges and others are shocked to find that ATSDR has already planned an upcoming follow-up health study, without input from the residents. Pictured: Wayne Wasser speaks up at the ATSDR public meeting

On the first anniversary of the spill, the spring thaw awakens toxic odors, and many Alberton-area residents experience a resurgence in their illness. Before some families give up and leave their homes, they attempt a protest against Montana Rail Link, in hopes of gaining publicity and awareness. Pictured: an Alberton spill protester (screen shot from Lisa Mosca)

As documents regarding the Alberton spill become available, Lucinda Hodges, Debra Griffin and Roger Chalmers scrutinize them for information to explain why they are still ill. Then in March of 1997, Hodges flees her Alberton home forever, as the spring thaw releases spill odors into the environment. Pictured: Lucinda Hodges at her Missoula trailer home. (Screen shot from Lisa Mosca video)

We begin Part III The Long Haul. As Lucinda Hodges and others try to live in a town that makes them sick, she reconstitutes ACE into ACCEH—the Alberton Community Coalition for Environmental Health—and begins a letter-writing campaign to government agencies to seek help. Pictured: ACCEH ad in the Missoulian at Christmas 1996.

Despite removal of the contaminated soil, Lucinda Hodges and other spill victims are unable to tolerate returning to their Alberton area homes. Meanwhile, Dr. Kaye Kilburn plans a neurological study on the Alberton spill victims. Pictured: the Hodges' family home on Railroad Street in Alberton.

Three weeks after residents are allowed back to Alberton, the contaminated soil is finally removed, and many people report being re-exposed during the removal. Meanwhile, some residents continue to stay away, afraid of returning home. Pictured: the potassium cresylate tank, staged in Missoula.

While many residents complain of chemical exposures that make them ill upon returning home, health officials show no concern, claiming the area is safe. We also look at modeling withheld from residents, which shows how severely the Alberton area was exposed to chlorine during the spill. Pictured: map of 'bronzed' areas due to chlorine.

Many residents returning home after the Alberton area is declared safe for reentry continue to report odors and illness. Pictured: map of the Alberton area

Many residents return to an environment and homes that make them ill, and begin to understand that chronic chemical sensitivity will follow them wherever they go. Pictured: the staged contaminated soil.

After 17 days, Alberton is 'open for business', but many residents remain wary of returning to a home they fear is contaminated and threatens their health. Pictured: Tank Car 3, battered and finally empty.

While officials still struggle with Tank Car 3 of liquid chlorine, they move forward with allowing residents to return home, despite a promise that the car would be completely empty. Pictured: aerial view of the wreck site

Officials declare two of the four criteria to allow reentry satisfied, with a 100% certainty that no chlorinated compounds migrated offsite, and the claim that the white dust was not harmful, even though officials say they cannot find any white dust to test. Pictured: Workers in SCBA near Tank 3 of chlorine.

Untrusting of official reassurances for long-term health and for the safety of the Alberton area, and angry with attempts to shut down public questions at meetings, some residents band together to form ACE, the Alberton Community Evacuees. Pictured: the infamous white dust on the Kryszko family VCR, a dust Olympus claimed they couldn't find to sample.

The Techs struggle again and again to patch the leaking chlorine car, even as a big spike causes Forward Ops to evacuate. Meanwhile, officials at the evacuee meetings hold a vote on whether to allow public questions. Pictured: Evacuees vote NO on allowing public questions.

Health officials consider the criteria for allowing eventual reentry for residents, and decide that hypersensitivity is not a concern. Pictured: the leaking chlorine tank and its leaky patch.

Following the news that chlorinated chemicals were created in the mixing of chlorine and the potassium cresylate, over a week after the spill, the techs begin to tackle how to patch Car three, which continues to leak deadly chlorine gas. Pictured: Glen Giles gives her testimony at an evacuee meeting, as Lucinda Hodges looks on.

Chemist Garon Smith and health officials determine the nature of chlorinated chemicals created in the mixing of chlorine and the potassium cresylate. This unwelcome news adds a new layer of concern for spill victims worried about their health and safety. Pictured: chlorinated compounds found by Smith.

Officials continue to try and control the leaking tank of chlorine gas as well as open questions during the evacuee meetings. Pictured: the revealed breach in the chlorine tank, the largest in US railroad history.

As the techs work on transferring chlorine, a rain bomb releases a fresh cloud of gas, sending the western roadblock scrambling to safety. Meanwhile, officials try to control open questions during the public evacuee meetings. Pictured: a lethal spike measured at over 1400 ppm