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With 12 known natural asbestos deposits in the state, Wyoming residents could have developed mesothelioma from exposure in the mining industry. Casper Mountain was the largest mine in the state, which produced fibers more than an inch in length. More than 50 percent of materials in serpentine deposits at this location was asbestos.
Vermiculite processing plant workers were also at an increased risk for developing mesothelioma. While not all vermiculite contains asbestos, it often forms along asbestos, so when it is mined, workers may also disrupt asbestos. Wyoming also received more than 8,850 tons of asbestos-contaminated vermiculite from the notorious W.R. Grace mine in Libby, Montana. Wyoming workers transported, heated, packed and shipped this dangerous combination, placing them at risk of asbestos exposure.
Wyoming is also home to many sources of petroleum, making it a hub for refineries. Due to the high temperatures involved with these locations, asbestos was commonly used to insulate them and prevent fires. There were often many construction materials installed in these refineries and their equipment that contained asbestos. Maintenance workers may have come in direct contact with this dangerous substance, and oil refinery workers may have been exposed by asbestos-laced equipment.
Wyoming Mesothelioma Diagnoses
Wyoming is ranked 44th in the nation for the number of mesothelioma cancer and asbestosis diagnoses. At least 98 Wyoming residents have been diagnosed with mesothelioma between 1999 and 2015. The state has a minimum mesothelioma diagnosis rate of approximately 12 people per million annually, which is significantly higher than the national average. Natrona and Laramie Counties likely have the highest number of asbestos-related diagnoses in Wyoming. A minimum of 31 Wyoming residents were diagnosed with asbestosis and 416 others were diagnosed from non-mesothelioma lung cancer between the years 1999 and 2013. The majority of diagnoses are in: Cheyenne, Casper, Evanston, Green River, Laramie, Gillette, and Sheridan.
Wyoming Asbestos Laws
Wyoming has laws that impact how long a person has to file a lawsuit and what he or she must prove to establish a case. These laws include the following:
Statute of Limitations
The statute of limitations is the time limit that a plaintiff has to file a certain cause of action. If the plaintiff fails to file the lawsuit prior to this time limit, the case can be dismissed by the court and the plaintiff can lose any opportunity for compensation. In Wyoming, the statute of limitations for a personal injury case based on asbestos exposure is four years from the date of diagnosis. If the victim died from mesothelioma or another asbestos-related disease, the family has two years from the date of death to file a wrongful death lawsuit.
Court Exposure Standard
Most asbestos cases are brought on the state level, so the burden of proof and causation standard can vary from one jurisdiction to the next. Each state is responsible for establishing its own standards of what a plaintiff must prove in a personal injury case. The most common test for asbestos cases is the Lohrmann test, which requires a plaintiff to show that the defendant’s product was a substantial factor in the plaintiff developing mesothelioma or another asbestos-related disease. Wyoming has adopted this test.
Wyoming State Asbestos Regulatory Agencies and Regulations
The Wyoming Department of Environmental Quality is the state regulatory agency that is responsible for implementing and enforcing laws related to asbestos. Before performing certain renovation or demolition activities, the owner of the facility must provide the Department of Environmental Quality with notice at least 10 working days before disturbing any regulated asbestos-containing material or demolishing a building. An asbestos building inspector usually collects samples of materials that are believed to be asbestos before contractors disturb asbestos. Homeowners are not subject to asbestos regulations in Wyoming unless the demolition or renovation is being completed to make the property public.
Wyoming Definition of Asbestos
The standards and regulations of the Air Quality Division of the Wyoming Department of Environmental Quality includes the following definitions:
- “Asbestos” – The asbestiform varieties of serpentinite (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite, anthophyllite, and actinolite-tremolite.
- “Asbestos-containing waste materials” – Mill tailings or any waste that contains commercial asbestos and is generated by a source subject to the provisions of this section. This term includes filters from control devices, friable asbestos waste material, and bags or other similar packaging contaminated with commercial asbestos. As applied to demolition and renovation operations, this term also includes regulated asbestos-containing material waste and materials contaminated with asbestos including disposable equipment and clothing.
- “Category I nonfriable asbestos-containing material (ACM)” means asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing
- “Category II nonfriable ACM” – Any material, excluding Category I nonfriable ACM, containing more than 1 percent asbestos as determined using the methods specified in Appendix J to 29 CFR § 1910.1001, Polarized Light Microscopy of Asbestos that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.
Wyoming Asbestos Site Exposure List
Wyoming is home to many refineries, power plants and other locations where asbestos may have been installed. Some historic buildings also contain dangerous asbestos, so construction workers may be exposed to it when completing repair or demolition work. Some prominent workplaces and other sites throughout the state associated with possible asbestos exposure include:
- Casper Mountain – Casper
- Brown Bear Asbestos Deposit – Yellowstone Park
- Badger Creek Asbestos Deposit – Laramie
- Laramie Mountain – Laramie
- Fire King Asbestos Deposit – Cheyenne
- Beaver Creek Asbestos Deposit – Beaver Creek
- Smith Creek Asbestos Deposit – Natrona County
- Deer Creek Asbestos Deposit – Cody
- University of Wyoming – Laramie
- Frontier Refining Company – Cheyenne
- Sinclair Oil – Sinclair
- Husky Oil Company – Cheyenne
- Consumer Oil – New Castle
- Colorado Oil & Gas – Bitter Creek
- Mobile Oil Company – Casper
- Continental Oil – Cheyenne
- Husky Oil Company – Cheyenne
- Vermiculite Refineries – Burlington, Cody, Lovell, Thermopolis
- Black Hills Power and Light Company – Osage, Wyodak
- Pacific Power Company – Green River
- Hot Springs Light and Power Company – Thermopolis
- Cheyenne Light Fuel and Power – Cheyenne
- Utah Power & Light – Kemmerer
- Steam Power Plant – Glenrock
Wyoming Asbestos Trusts
Asbestos companies faced significant liability after people realized the connection between their products and the development of serious illnesses like mesothelioma and asbestosis. Many of these companies were sued. Some filed bankruptcy as a result of this daunting liability. Some of these companies went on to establish special asbestos trust funds to handle claims by individuals who were injured due to their actions. If an asbestos trust is available, a person may be able to make a claim against it without going through the entire process of litigation.
There are no asbestos trusts that were formed by companies headquartered in Wyoming. Additionally, there are no asbestos trusts that are administered in Wyoming. However, many of the companies that formed asbestos trusts had national operations, and Wyoming residents may have viable claims against them. A Wyoming mesothelioma lawyer can explain if a trust claim may be available to you.
Wyoming Mesothelioma and Asbestos Lawsuits
Because there is a lower rate of mesothelioma in the state, there are fewer lawsuits that are filed. However, many cases are settled before a case makes it to trial and many of these situations involve confidentiality agreements in which the plaintiff cannot disclose how much money he or she received as part of the settlement.
Wyoming Mesothelioma Law Firms
A few local attorneys include mesothelioma and asbestos litigation as part of their practice. One of the firms that represent Wyoming mesothelioma victims that may be co-counsel include:
A Jackson, Wyoming law firm that has received national attention through its zealous client representation. It has secured one of the highest wrongful death settlements in Wyoming. It has also achieved several multimillion-dollar victories in asbestos and mesothelioma cases.
