oil trains

“We Need Not Be Polite” Hears First National Conference On Oil Train Threats

oil train conference

On November 12th, I boarded a train headed to Pittsburgh, PA to attend the first national independent gathering focused on the topic of oil trains. The trip would take me through Philadelphia where an Amtrak train crashed in May resulting in eight fatalities and over 200 injuries. 

There is general consensus that the accident would have been avoided if positive train control technology had been in place. In 2008, Congress mandated that positive train control be installed by the end of 2015. However, the railroads failed to do this and were recently given a three to five year extension by Congress after the rail companies threatened to shut down rail service if the mandate were enforced.

Are US Regulators Trying to Cover Up Influence Of Lobbyists On New Oil-By-Rail Regulations?

It’s no secret that the oil and rail industries lobbied the Obama Administration heavily during the creation of new oil-by-rail regulations released this past May, with lobbyists reportedly not even taking a break the day after a major oil train accident.

But just how much influence did lobbyists actually have in the drafting of the regulations?

Environmentalists who criticize the new rules as far too weak to stop business-as-usual — which has already resulted in five oil train explosions so far this year — are endeavoring to find out by submitting Freedom of Information Act requests for correspondence between lobbyists and five federal agencies within the US Department of Transportation that worked on the oil train safety rules.

So far, they say, they’ve been stonewalled by the Obama Administration.

Senate Working to Strip Braking Safety Requirements From Oil Train Regulations

As documented on DeSmog, the new oil-by-rail regulations contain major concessions to the oil and rail industries as the result of relentless lobbying during the rulemaking process. One logical safety measure that the rail industry failed to block from the new rules was a requirement for modern braking systems know as electronically controlled pneumatic (ECP) brakes.

However, the rail industry has a Plan B to avoid modernizing their braking systems and so far it is working quite well.

FBI Advisory: Oil Trains At Risk of "Extremist" Attack, But Lacks "Specific Information" To Verify

A documentmarked “Confidential” and published a year ago today, on July 18, 2014, by the Federal Bureau of Investigation (FBI) concluded that “environmental extremists” could target oil-by-rail routes, as first reported on by McClatchyBut the Bureau also concedes upfront that it lacks “specific information” verifying this hunch.

Rail industry lobbying groups published the one-page FBI Private Sector Advisory as an exhibit to a jointly-submitted August 2014 comment sent to the U.S. Department of Transportation's (DOT), which has proposed “bomb trains” regulations currently under review by the White House Office of Information and Regulatory Affairs (OIRA)

New and Improved Bomb Trains? Oil Industry Plans to Ship Even More Dangerous Light Oils

As oil train protests continue across North America to mark the two-year anniversary of the Lac-Megantic disaster, trouble is brewing in Texas. At the recent Crude Markets and Storage Summit energy conference in Texas, Pat McGannon, vice president of Rangeland Energy, made the following statement.

Rail provides a solution for high-gravity condensates.” 

High gravity condensates are the result of the industry’s fracking for oil. Much of the product that comes out of the ground in the Eagle Ford shale formation in Texas is condensate which is also referred to as ultra light oil. So why does rail provide the solution for moving this ultra light oil?

Minority, Low-Income Communities Bear Disproportionate Share Of Risk From Oil Trains In California

People of color and low-income communities are bearing a disproportionate burden of risk from dangerous oil trains rolling through California, according to a new report by ForestEthics and Communities for a Better Environment.

Called “Crude Injustice On The Rails,” the report found that 80 percent of the 5.5 million Californians with homes in the oil train blast zone — the one-mile region around train tracks that would need to be evacuated in the event of an oil train derailment, explosion and fire — live in communities with predominantly minority, low-income or non-English speaking households.

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


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