Ron Scholl
GASSED: The True Story of a Toxic Train Derailment
The tragic story of the 1996 Alberton, Montana, train crash and the largest release of chlorine gas in US railroad history. One train rider is killed, while hundreds are acutely injured. Many will suffer chronic symptoms for years to come, and seek justice for their toxic exposure.
Author
Ron Scholl
Category
Podcast website
Latest episode
Jan 1, 2025
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Episodes
Part 6 Chapter 29 "End of the Line" / End Notes 01.01.2025 14:45
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)
Part 6 Chapter 27 "Settling" / Chapter 28 "Testimony" 30.12.2024 36:24
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.
Part 6 Chapter 26 "Rough Spot" 25.12.2024 29:42
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 t...
Part 6 Chapter 25 "Insiders" 23.12.2024 19:31
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.
Part 6 Chapter 23 "Endgame" / Chapter 24 "Verdict" 20.12.2024 31:34
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.
Part 6 Chapter 22 "Austin v. MRL" 15.12.2024 33:46
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.
Part 6 Chapter 19 "Theories" / Chapter 20 "Preemption" / Chapter 21 "Tort and Punishment" 12.12.2024 39:34
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.
Part 6 Chapter 17 "A-Rail" / Chapter 18 "Stress" 09.12.2024 24:49
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
Part 6 Chapter 16 "Rail Wear" 07.12.2024 28:39
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
Part 6 Chapter 14 "Alberton Fallout" / Chapter 15 "Split Heads" 03.12.2024 16:02
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
Part 6 Chapter 12 "MRL History" / Chapter 13 "Curve 155" 29.11.2024 33:45
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.
Part 6 Chapter 11 "Discovery Wars" 27.11.2024 28:19
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.
Part 6 Chapter 9 "Bookends" / Chapter 10 "Liability" 26.11.2024 19:29
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.
Part 6 Chapter 8 "Brain Damage" 24.11.2024 33:00
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)
Part 6 Chapter 7 "Sensitive Conclusions" 21.11.2024 22:24
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
Part 6 Chapter 6 "Doctors and Patients" 18.11.2024 28:22
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
Part 6 Chapter 4 "The Literature" / Chapter 5 "MCS" 16.11.2024 38:00
We consider what was known about exposure to chlorine gases at the time of the Alberton spill, and understood about multiple chemical sensitivity.
Part 6 Chapter 2 "Claims" part 2 / Chapter 3 "Toxic Tort" 12.11.2024 37:43
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.
Part 6 Chapter 1 "Give and Take" / Chapter 2 "Claims" 10.11.2024 30:51
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
Part 5 Chapter 4 "Truth, Justice and Democracy" / Chapter 5 "Closed Case" 05.11.2024 34:14
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.
Part 5 Chapter 1 "The Muzzle" / Ch. 2 "Alberton Retested" / Ch. 3 "The EPA Strikes Back!" 03.11.2024 23:06
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.
Part 4 Chapter 10 "The Hearing" 01.11.2024 38:11
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)
Part 4 Chapter 8 "War" part 2 / Chapter 9 "Tests" 28.10.2024 38:43
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.
Part 4 Chapter 7 "Phase 2" / Chapter 8 "War" part 1 26.10.2024 27:13
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.
Part 4 Chapter 5 "Chalmers" / Chapter 6 "Battles" 23.10.2024 30:45
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.
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