oil trains

Environmental Groups File Lawsuit Objecting to Shortcomings, Loopholes in New Federal Oil Train Safety Standards

The battle over oil train regulation is heating up, as both the oil and gas industry and a coalition of environmental groups have now filed lawsuits challenging new Department of Transportation regulations this week.

The move to the courtroom comes following a string of oil train explosions in the U.S. and Canada so far this year and in a passenger train wreck in Philadelphia on Tuesday night that killed 8.

North Dakota Town Evacuated After Oil Train Derailment, Explosion

An oil train derailment and subsequent fire early this morning near Heimdal, a rural town in central North Dakota, has led to the evacuation of nearby residents. The Associated Press reports that the accident occurred at 7:30am and that ten tanker cars of a BNSF Railway train were burning, “creating thick black smoke.” There are no reports at this time of anyone having been hurt in the explosion or its aftermath.

Firefighters and hazardous materials teams have been sent to the scene, and a team of investigators from the Federal Railroad Administration (FRA) is expected to arrive by mid-day, while the Environmental Protection Agency is reportedly sending someone to monitor nearby waterways for contamination, per the AP.

BNSF Challenges Lawsuit From Engineer Who Ran For His Life From Exploding Oil "Bomb Train"

Burlington Northern Santa Fe (BNSF) has responded defensively to the oil-by-rail lawsuit filed by former BNSF locomotive engineer Bryan Thompson, a case recently reported on by DeSmogBlog.

BNSF — the top rail carrier of oil obtained via hydraulic fracturing (“fracking”) in North Dakota's Bakken Shale basin — denied all charges. The company also argued that some federal laws protect the company from liability for injuries allegedly suffered by Thompson. 

The  Answer to the Complaint signals the likelihood of a protracted legal battle ahead. Lee A. Miller, a Minneapolis, Minnesota-based attorney representing BNSF against Thompson, filed the company's response in Cass County, North Dakota. 

Miller argued that the damages allegedly suffered by Thompson — which include Post-Traumatic Stress Disorder (PTSD) from living through and running away from the December 2013 Casselton, North Dakota oil train explosion — were “caused or contributed to by Plaintiff's own contributory or sole fault.”

He also argued that the explosion occurred due to “unknown causes for which BNSF is not responsible” and “are the result of acts or omissions of persons, entities, or corporations other than BNSF…over whom” they have “no control or right to control at the time of the alleged incident.”

BNSF Responds to Former Engineer Lawsuit
Image Credit: State of North Dakota District Court; East Central Judicial District

BNSF Engineer Who Manned Exploding North Dakota "Bomb Train" Sues Former Employer

A Burlington Northern Santa Fe (BNSF) employee who worked as a locomotive engineer on the company's oil-by-rail train that exploded in rural Casselton, North Dakota in December 2013 has sued his former employer

Filed in Cass County, the plaintiff Bryan Thompson alleges he “was caused to suffer and continues to suffer severe and permanent injuries and damages,” including but not limited to ongoing Post-Traumatic Stress Disorder (PTSD) issues.

Thompson's attorney, Thomas Flaskamp, told DeSmogBlog he “delayed filing [the lawsuit until now] primarily to get an indication as to the direction of where Mr. Thompson's care and treatment for his PTSD arising out of the incident was heading,” which he says is still being treated by a psychiatrist.

The lawsuit is the first of its kind in the oil-by-rail world, the only time to date that someone working on an exploding oil train has taken legal action against his employer using the Federal Employers' Liability Act.

BNSF Engineer Casselton Lawsuit

Image Credit: State of North Dakota District Court; East Central Judicial District

Rail Industry Lobbied Against New Oil-by-Rail Safety Regulations The Day After Rail Accident

With the recent run of exploding oil train accidents, it isn’t surprising that the rail industry has publicly expressed concern about hauling highly flammable oils like Bakken light crude and diluted tar sands. But that's all the industry has done: express concern. It certainly hasn't done anything to act on its concerns.

For instance, Hunter Harrison, CEO of Canadian Pacific railway and the man who is on record as saying that regulators “overreacted” to the Lac-Mégantic rail disaster, recently said Canadian Pacific might get out of the oil hauling business.

“Our board of directors looked at this very carefully and said, ‘what kind of exposure do we have and what kind of exposure are we [exposing] the public to by hauling some of these commodities?’” Harrison told BNN television. “And in spite of the bottom line—and I was very proud—we’ve sat back and said we might get out of this business.”

Of course, Hunter Harrison is a savvy businessman who has a record of relentless pursuit of profit. Harrison knows full well that the common carrier laws that apply to rail shipments make it so that he would have to shut down Canadian Pacific if he wanted to get out of the oil hauling business. Which isn’t likely.

What is more likely is that, just like rail company BNSF’s early 2014 public relations stunt in which the company said it was buying 5,000 safer rail cars to haul oil but then never did, Harrison is also just feeding the media a good story.

Because two days after Harrison was telling the media he wanted out of the oil hauling business, and one day after the exploding oil train accident in Galena, Illinois, Glen Wilson, Canadian Pacific’s Vice President of Safety, Environmental and Regulatory Affairs, was in Washington, D.C. lobbying against new oil train safety regulations.

Dangerous Oil Trains To Return to Lac-Megantic While Town Still Recovers

We’re seeing strong growth. We’re seeing some large accounts come back. The future is bright.”

According to the Portland Press Herald, that was the assessment of the future by Ryan Ratledge, the current chief operating officer for Central Maine and Quebec Railway, the railroad that runs through Lac-Megantic, Quebec.

Central Maine and Quebec Railway is the new name of the railroad that was operating the train that caused the oil train disaster in Lac Megantic in July 2013 that resulted in the death of 47 people. As DeSmogBlog reported previously, cost cutting measures by the railroad were directly linked to the cause of the accident. 

After the accident, the railway declared bankruptcy and the assets were purchased by Fortress Investment Group, which currently manages over $66 billion in assets.

DeSmogBlog’s Top 10 Stories of 2014

It was a year of highs and lows as far as climate change and energy issues. Perhaps unsurprisingly, the lows got a lot of the attention, which is why the top 10 posts on DeSmog this year are mostly of the outrageous, infuriating or depressing variety.

We’ve already collected the top clean energy revolution stories of the year, so if this post gets too heavy for you, you can always pop over there and have some of your hope for the future restored.

But for those of you who can't look away, here are the top ten stories we posted on DeSmog this year, as measured by the amount of traffic each received:

Calls to Ban Bomb Trains Ramp Up While Communities Await New Regulations

ban bomb trains

Earthjustice has challenged the Department of Transportation’s denial of a petition by Sierra Club and Forest Ethics to ban the transportation of Bakken crude oil in DOT-111 tank cars.

Most of the explosive crude oil on U.S. rails is moving in tanker cars that are almost guaranteed to fail in an accident,” explained Patti Goldman of Earthjustice.

The risks are too great to keep shipping explosive Bakken crude in defective DOT-111s. The National Transportation Safety Board called them unsafe two decades ago, and by the Department of Transportation’s own estimates, the U.S. could see 15 rail accidents every year involving these cars until we get them off the tracks.” 

At the same time Earthjustice was bringing this challenge, the Canadian government was announcing that it will ban 3,000 of the riskiest DOT-111s from carrying materials like Bakken crude.

Call For Crude-By-Rail Moratorium In California After Train Derailment

A train derailment last week has prompted a California state legislator to call for a moratorium on crude-by-rail shipments through the state’s “most treacherous” passes.

Twelve cars derailed on a Union Pacific rail line along the Feather River northeast of Oroville, CA in the early morning hours of November 5th. The state Office of Emergency Services responded by saying “we dodged a bullet” due to the fact that the train was carrying corn, some of which spilled into the river, and not oil.

State Senator Jerry Hill (D-San Mateo), a vocal critic of the state’s emergency preparedness for responding to crude-by-rail accidents, does not think California should wait around for a bullet it can’t dodge before taking action. Hill sent a letter to Governor Jerry Brown calling for a moratorium on shipments of volatile crude oil from North Dakota’s Bakken Shale and other hazardous materials via the Feather River Canyon and several other high risk routes throughout California.

“This incident serves as a warning alarm to the State of California,” Hill wrote in the letter. “Had Tuesday’s derailment resulted in a spill of oil, the spill could have caused serious contamination in the Feather River, flowing into Lake Oroville and contaminating California’s second largest reservoir that supplies water to the California Water Project and millions of people.”

Fiery Saskatchewan Train Derailment Raises Fresh Questions About Oil-By-Rail Safety

oil by rail, tanker trains, bomb trains, derailment

A fiery CN train derailment in rural Saskatchewan has many people asking what could have happened if the accident occurred in a more populated area.

The 100-car freight train derailed Tuesday about 190 kilometres east of Saskatoon. Twenty-six cars left the track, including six carrying dangerous goods. Two cars containing petroleum distillate caught fire, sending 30-metre flames into the air. Several explosions were also confirmed.

The area around Clair, Sask., was evacuated overnight. Families were allowed to return to their homes Wednesday morning according to Harold Narfason, chief of the Wadena & District Fire Department.

The volunteer fire department was the first on the scene.

Narfason told DeSmog Canada his department has long been aware that dangerous commodities are being shipped by rail through the area.

I’ve attended numerous meetings with CN to get informed and there are more cars moving through,” Narfason said.

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