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Idaho has eight known locations of naturally-occurring asbestos. Most of these are sprinkled throughout the Rocky Mountains. The only asbestos producing deposit was home to a mine that extracted anthophyllite and tremolite was located at the Kamiah deposit. Other known locations of deposits include the Blacktail asbestos prospect, Orofino Creek anthophyllite deposit, Olson asbestos prospect and Teakean deposit. Clearwater County and Adams County are home to other non-producing deposits. When minerals were mined, asbestos was released into the air, exposing workers in the process. Asbestos can also become airborne as part of the weathering process.
Idaho businesses used asbestos for daily operations because of the material’s insulating properties and resistant to heat, electricity and chemicals. Workers were placed at a high risk of exposure from the insulation and machinery parts. They were also exposed from certain manufactured products, including construction materials and lumber.
Idaho is largely comprised of rural areas with a strong agricultural industry. It is known for its production of potatoes, but it also produces many other crops. Asbestos was used in agricultural machines, food processing plants and food transportation vehicles. Agricultural fillers have also been linked to asbestos exposure. Idaho is also a large lumber and paper manufacturer. Asbestos is also linked to these industries which is related to diseases such as mesothelioma and asbestosis.
The state also has several chemical plants and technology factories. These plants and factories could have potentially exposed workers to asbestos. Asbestos was also used in nuclear plants and other power plants to insulate and protect the facilities. If you or a loved one was diagnosed with mesothelioma or another asbestos condition, contact our law firm today to learn more about filing a trust claim or lawsuit.
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Idaho Asbestos Regulatory Agencies
Idaho Mesothelioma Diagnoses
Idaho Laws Concerning Asbestos
Idaho Statute Of Limitations
Idaho Asbestos Trust Funds
Idaho Mesothelioma Verdicts and Settlements
Idaho Asbestos Exposure Site List
Idaho Mesothelioma Law Firms
Idaho Mesothelioma Diagnoses
Reports indicate Idaho ranks 35th in mesothelioma and asbestos diagnoses in the country. From 1999 to 2015, a minimum of 212 Idaho residents were diagnosed with mesothelioma. Additionally, an estimated 119 residents were diagnosed with asbestosis and another 768 were estimated to be diagnosed with non-mesothelioma lung cancer between 1999 to 2013. The state’s average mesothelioma diagnosis rate is at least 8.4 people per million annually. Northern counties have a slightly higher mesothelioma incidence than other areas. Although the rate of incidence of mesothelioma is lower than in other parts of the country, people continue to be diagnosed each year due to asbestos exposure.
Cities where the majority of Idaho mesothelioma diagnoses occur:
Boise | Meridian | Nampa | Coeur d | Pocatello | Idaho Falls | Caldwell | Twin Falls
Idaho Asbestos Laws
Idaho has a series of laws related to asbestos exposure and civil cases. These laws dictate when a claim must be filed, the extent of a company’s liability and how asbestos must be handled in the state. It is important to have a good understanding of these laws and how they can potentially affect a claim. Some important Idaho laws related to asbestos include:
Statute of Limitations
The statute of limitations is the time limit by which a person must bring a cause of action to avoid the claim being time-barred. In Idaho, the statute of limitations is two years from the date of diagnosis of mesothelioma or another asbestos-related disease or two years from the date of death from an asbestos-related disease. Due to the limited period of time to present a claim, it is important that a mesothelioma victim seek legal advice as soon as possible after receiving a mesothelioma diagnosis.
Court Exposure Standard
Most asbestos cases are brought on the state level, so they must satisfy state requirements. Each state has its own standard related to causation that a plaintiff must prove in order to prevail in a mesothelioma or asbestos case. Idaho uses the “substantial factor test,” which requires asbestos plaintiffs to show that the defendant’s product was an important or significant contributor to the injuries of the plaintiff. However, Idaho courts have found that a substantial cause can exist for each and every exposure, however small. This standard is more generous to plaintiffs than the standards other states use and apply.
Successor Liability
The state wishes to protect successor companies from inheriting the liability of other companies that it acquires and has passed legislation to carry out this public policy. Idaho law limits the amount that a successor company can be liable for asbestos claims. If a company acquires another company that had exposed individuals to asbestos, the extent of liability of the successor company is limited to the fair market value of the total gross assets of the acquired company determined at the time of the acquisition. This limits the company’s liability to the value of assets so that it cannot be held responsible for a greater amount of money than the acquired assets are worth.
State Asbestos Regulatory Agencies and Regulations
Idaho companies and individuals must comply with state and federal laws related to asbestos. The Idaho Department of Environmental Quality implements asbestos abatement and disposal policies. Additionally, individuals and businesses are required to follow the United States Environmental Protection Agency’s Clean Air Act. Under Idaho law, certain facilities are required to notify the department before renovating or demolishing areas that may contain asbestos. Idaho does not have its own state asbestos certification program, so it accepts certifications obtained from other state asbestos programs that comply with the EPA’s standards.
The Idaho Department of Environmental Quality defines asbestos as number of naturally occurring fibrous silicate minerals mined for properties such as thermal insulation, chemical and thermal stability, and high tensile strength.
Idaho Asbestos Site Exposure List
Idaho’s agricultural, steel, paper and lumber industries have been associated with potential asbestos exposure. Power plants and other locations are also linked to this deadly substance. Some of the more well-known employers in these fields include:
- Monsanto Co. – Soda Springs, Nampa and Payette
- Idaho Chemical – Scoville
- Western Equipment Company – Meridian
- Pocatello Hydroelectric Power Plant – Pocatello
- Pacific Lumber Company – Meridian
- Micron Technology – Boise
- Cascade Corporation – Boise
- Utah-Idaho Sugar Company – Lincoln, Sugar City and Nampa
- Amalgamated Sugar Company – Paul
- Idaho National Laboratory – Idaho Falls
- E.C. Atomic Plant – Idaho Falls
- S. Atomic Energy Corporation – Arco
- Westinghouse Idaho Nuclear Company – Scoville
- Western Steel – Boise
- Bunker Hill Smelter – Kellogg
- Gate City Steel – Boise
- Potlatch Corporation – Lewiston
- Cascade Paper Mill – Boise
- Drexler Enterprises – Rathdrum
- Westvaco Mineral Production – Bingham County
- Bonner County Courthouse – Sandpoint
- Fluor Corporation – Fluor
- Intermountain Gas Company – Idaho Falls
- Union Pacific Railroad Company – Nampa
- Yankee Machine Shop – Boise
Idaho Asbestos Trust Funds
After companies were sued by hundreds or thousands of plaintiffs, many of them went out of business. As part of their bankruptcy agreement, some companies established special trusts to pay damages for current and future claimants. These trusts contain billions of dollars. Individuals who developed mesothelioma because of exposure to asbestos from the company’s products or in their workplace file a claim with the trust. This helps speed up the process of receiving compensation and avoids having to go through complete litigation in order to receive compensation. Idaho does not have any asbestos trusts that are based on companies headquartered in Idaho or that are administered in Idaho. However, many of the companies that have established these types of trusts are national companies that have workplaces across many states or provided products to various states. An Idaho mesothelioma lawyer can review your work history and determine if there may be any trusts that you can make a claim against.
Asbestos and Mesothelioma Litigation in Idaho
Idaho has been home to several notable asbestos exposure cases. Some Idaho companies have been named as defendants in meaningful litigation and the following cases have been published in public news involving unaffiliated law firms:
In March 2007, a jury awarded a gigantic dollar figure to a man and his wife after determining that his previous employers and two asbestos product manufacturers resulted in his mesothelioma. The man had been exposed to asbestos while serving in the Unite States Navy, while working at oil refineries and the Idaho National Engineering and Environmental Lab from the 1950s to 1970s. His employers did not provide any safety guidelines or protective equipment and did not take any steps to control exposure to asbestos in products like valves and pump components. The Court of Appeals later reduced the amount of compensation against some of the defendants.
Monsanto Co. and its various subsidiaries were named defendants in lawsuits, the recipient of 570 accusations as of 2003. The Western Equipment Company was sued in 2011 by a forklift mechanic and equipment salesman after developing mesothelioma after frequent exposure through cleaning and replacing asbestos-laden brakes when alternatives were available.
In another case, a widow and survivors of a person who died of mesothelioma sued an asbestos and supply company. The case made its way to the Idaho Supreme Court in September 1985.
Most asbestos cases do not wind up in front of a judge or jury for a decision on damages due to the extensive liability companies can face. They are often resolved before this point in settlements that are usually kept provide as part of the settlement agreement.
In addition to civil cases, there have also been notable cases regarding non-compliance with asbestos laws. Precision Demolition and Abatement, LLC was fined $36,000 by the United States Department Protection Agency in 2009 for violating federal laws. Idaho National Engineering and Environmental Laboratory was fined more than $160,000 in 2001. Many individuals have also faced criminal penalties after violating asbestos laws.
Idaho Mesothelioma Law Firms
Mesothelioma law firms that may become co-counsel with our asbestos cases in Idaho include the following:
A law firm is that is licensed to practice law in Idaho where the the firm’s attorneys have more than 50 years of combined experience in handling mesothelioma cases. The firm only selects a limited number of cases so that they can concentrate their efforts on these few cases.
A law firm that takes cases from clients in Boise, the rest of the state and across the country. The law firm was established in the 1970s and was one of the first to pursue mesothelioma cases and has built up a repository of asbestos-based knowledge. Firm attorneys understand how people are commonly exposed to asbestos and the types of job sites that exposed employees to this dangerous substance.
