BNSF Offers $36M Settlement in Livingston Lawsuit

GREAT FALLS, Mont. (AP) — BNSF Railway Company has offered a $36 million settlement in a lawsuit filed by landowners who alleged pollutants from the Livingston Rail Yard migrated through the groundwater and soil onto private and public property nearby.

Tom Lewis, an attorney representing the plaintiffs, says the Livingston City Council is scheduled to vote Tuesday night on whether to accept the agreement. Plaintiffs' attorney Mark Kovacich tells The Livingston Enterprise the other nearly 120 landowners have accepted the settlement.

The settlement designates $16 million for cleanup of diesel fuel and toxic solvents BNSF and its predecessors spilled during fueling and repair operations. The remaining $20 million goes to landowners for loss of marketability of the property.

BNSF spokesman Gus Melonas (mel-OWN'-us) confirmed Tuesday the company had made the settlement offer.