Bomb Trains

BNSF President Greeted by Bomb Train Protestors in Chicago

Today at the annual North American Rail Shippers Association, Carl Ice, president of rail company Burlington Northern Sante Fe (BNSF) had his keynote address interrupted by members of Rising Tide Chicago. The activists carried banners reading, “BNSF: Profits over Safety” and “BNSF: Bomb Trains Kill.”

U.S. Military Concerned As Oil "Bomb Trains" Roll Dangerously Close to Nuclear Bomb Silos

The latest oil train derailment and explosion in Heimdal, North Dakota is another frightening reminder of the danger this industry poses to communities across the country. Thankfully evacuating Heimdal wasn’t that big an operation because there are only 27 residents in the town.

Which is a significantly smaller number than the 150 nuclear missiles buried in the ground under North Dakota. A recent report by Rachel Maddow reveals that the U.S. military is concerned about the proximity of the oil train tracks to those missile silos. Images like this one are why they are concerned. 

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.

New Oil-By-Rail Regulations Are Big Win for Oil and Rail Industries, Won’t Stop “Bomb Trains”

The long-awaited oil-by-rail regulations released today are basically a guidebook for the oil and rail industries to continue doing business as usual when it comes to moving explosive Bakken crude oil by rail.

DeSmog recently reported on how the Obama administration has worked behind the scenes to help achieve the oil industry’s top goal when it came to these new regulations — allowing the oil producers to continue to put the highly volatile Bakken crude oil into rail tank cars without removing the natural gas liquids that make it such an explosive mixture.

As we’ve reported, there is a relatively simple fix to end, or significantly reduce, the “bomb train” disasters, via a process known as stabilization.

Why Was The White House Involved in North Dakota Oil-by-Rail Regulations?

A seemingly innocuous email about two people getting coffee in August of 2014 helps shed light on the behind-the-scenes lobbying efforts to shape the oil-by-rail regulations that have given the oil industry a pass on the explosive nature of Bakken crude oil.

The emails, acquired by DeSmogBlog via a Freedom of Information Act request, led us to discover a troubling trail of influence from the Beltway to the Bakken. It's a sordid tale wherein public safety is needlessly compromised by the threat of “bomb trains” while the government ignores a simple fix to safeguard communities in favor of enabling runaway profits for the oil and rail industries.

Elmwood, Louisiana Derailment Stokes Fears About Oil Train Blast Zone

Train derailment Elmwood, Louisiana

Nearly a dozen Union Pacific railway cars were blown off an elevated trestle in Elmwood, Louisiana, on Monday during a strong wind storm.

No injuries were reported in the incident near the Huey P. Long Bridge. The cars did not contain any hazardous materials, although such materials are transported on the route.

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

Purposeful Distraction? Unpacking the Oil Refiners' "Bomb Trains" Lawsuit vs. Warren Buffett's BNSF

On March 13, American Fuel & Petrochemical Manufacturers (AFPM) — the oil refiners' trade association — sued oil-by-rail carrying giant Burlington Northern Santa Fe (BNSF) for allegedly violating its common carrier obligation under federal law. A DeSmogBlog investigation has revealed there may be more to the lawsuit than initially meets the eye.

Filed in the U.S. District Court for the Southern District of Texas, Houston Division, AFPM sued BNSF “for violating its common carrier obligation by imposing a financial penalty” for those carrying oil obtained via hydraulic fracturing (“fracking”) in North Dakota's Bakken Shale basin and other hazardous petroleum products in explosion-prone DOT-111 rail cars.

AFPM's beef centers around the fact that BNSF began imposing a $1,000 surcharge for companies carrying explosive Bakken fracked oil in DOT-111 cars, as opposed to “safer” CPC-1232 cars, at the beginning of 2015.

The Warren Buffett-owned BNSF did so, argues AFPM, illegally and without the authority of the federal government.

“This $1,000 surcharge on certain PHMSA-authorized rail cars breaches BNSF’s common carrier duty to ship hazardous materials under the auspices of PHMSA’s comprehensive regime governing hazardous materials transportation,” wrote AFPM's legal team, featuring a crew of Hogan Lovells attorneys. “Allowing railroads to penalize companies that ship crude oil in federally-authorized rail cars would circumvent PHMSA’s statutory and regulatory process for setting rail car standards for hazardous materials shipments.”

Upon a quick glance, it seems like a fairly straight-forward case of federal law and an intriguing example of an intra-industry dispute. But as recent history has proven, the devil is in the details.

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