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

Texas-sized Dose of Hypocrisy Served Up To Local Governments Statewide in an Effort to Overturn Denton's Fracking Ban

On March 24, the Texas House of Representatives’ Energy Resources Committee passed a bill that would rescind the fracking ban in Denton and other efforts by local Texas municipalities to protect themselves from the oil and gas industry. Once language in the bill is finalized, which could happen today, the legislation will make its way to the full Texas Senate for a vote. 

“The oil and gas industry are getting what they always wanted – to get these pesky cities out of the way. They’re utilizing the lack of diligence and gullibility of state government – who are bought and paid for by industry, by using the Denton fracking ban to get what they want,” Denton Councilman Kevin Roden told DeSmogBlog. 

“It is a political cliché to take advantage of a good crisis. And the fracking ban gave them a good crisis.” Roden said.

Instead of fighting the ban in the courts, industry made a preemptive move to eliminate local ordinances altogether by pushing representatives to pass laws against ordinances in their way. 

Industry-Stacked Energy Department Committee: Shale Running Dry, Let's Exploit the Arctic

A report assembled by an industry-centric US Department of Energy committee recommends the nation start exploiting the Arctic due to oil and gas shale basins running dry. 

In the just-submitted report, first obtained by the Associated Press, the DOE's National Petroleum Council — many members of which are oil and gas industry executives — concludes that oil and gas obtained via hydraulic fracturing (“fracking”) will not last beyond the next decade or so, thus the time is ripe to raid the fragile Arctic to feed our fossil fuel addiction. 

The NPC just launched a website and executive summary of the report: Arctic Potential: Realizing the Promise of U.S. Oil and Gas Resources.

Confirming the thesis presented by the Post Carbon Institute in its two reports, “Drill Baby, Drill” and “Drilling Deeper,” the National Petroleum Council believes the shale boom does not have much more than a decade remaining.

The NPC report appears to largely gloss over the role of further fossil fuel dependence on climate change, or the potentially catastrophic consequences of an oil spill in the Arctic.

The first mention of climate change appears to refer to “concern about the future of the culture of the Arctic peoples and the environment in the face of changing climate and increased human activity,” but doesn't mention the role of fossil fuels in driving those changes. Instead, the report immediately pivots to focus on “increasing interest in the Arctic for tourist potential, and reductions in summer ice provide an increasing opportunity for marine traffic.”

ExxonMobil CEO Rex Tillerson, a National Petroleum Council member, chimed in on the study in an interview with the Associated Press.  

“There will come a time when all the resources that are supplying the world's economies today are going to go in decline,” remarked Tillerson. “This is will [sic] be what's needed next. If we start today it'll take 20, 30, 40 years for those to come on.”

The National Petroleum Council also deployed the energy poverty argument, utilized most recently by coal giant Peabody Energy in its “Advanced Energy For Life” public relations campaign, to make its case for Arctic drilling as a replacement for fracking.

“But global demand for oil, which affects prices of gasoline, diesel and other fuels everywhere, is expected to rise steadily in the coming decades — even as alternative energy use blossoms — because hundreds of millions of people are rising from poverty in developing regions and buying more cars, shipping more goods, and flying in airplanes more often,” reads the report. “In order to meet that demand and keep prices from soaring, new sources of oil must be developed, the council argues.”

Calls For Immediate Shutdown Of Illegal California Injection Wells As Regulators Host 'Aquifer Exemption Workshop'

While California legislators are calling for immediate closure of the thousands of injection wells illegally dumping oil industry wastewater and enhanced oil recovery fluids into protected groundwater aquifers, regulators with the state’s Division of Oil, Gas and Geothermal Resources (DOGGR) were holding an “Aquifer Exemption Workshop” in Long Beach on Tuesday.

Just 23 out of the 2,500 wells DOGGR officials have acknowledged the agency improperly permitted to operate in aquifers that contain potentially drinkable water have so far been closed down — 11 were closed down last July and 12 more were shut down earlier this month.

Given the urgency of the situation, it certainly does not look good that DOGGR made time to hold a workshop to outline “the data requirements and process for requesting an aquifer exemption under the Safe Drinking Water Act,” when it has given itself a two-year deadline to investigate the thousands more wells illegally operating in groundwater aquifers that should have been protected under the federal Safe Drinking Water Act all along.

Last Friday, state legislators sent Governor Jerry Brown a letter calling for the immediate closure of the wells, writing that “the decision to allow thousands of injection wells to continue pumping potentially hazardous fluids into protected aquifers is reckless.”

And protestors with Californians Against Fracking were outside the Holiday Inn Long Beach Airport on Tuesday to greet DOGGR officials as they showed up for their workshop.

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.

Global Shale Fail: Oil Majors Leaving Fracking Fields Across Europe, Asia

With some analysts predicting the global price of oil to see another drop, many oil majors have deployed their parachutes and jumped from the hydraulic fracturing (“fracking”) projects rapidly nose-diving across the world.

As The Wall Street Journal recently reported, the unconvetional shale oil and gas boom is still predominantly U.S.-centric, likely to remain so for years to come.

“Chevron Corp., Exxon Mobil Corp. and Royal Dutch Shell PLC have packed up nearly all of their hydraulic fracturing wildcatting in Europe, Russia and China,” wrote The Wall Street Journal.

“Chevron halted its last European fracking operations in February when it pulled out of Romania. Shell said it is cutting world-wide shale spending by 30% in places including Turkey, Ukraine and Argentina. Exxon has pulled out of Poland and Hungary, and its German fracking operations are on hold.” 

Though the fracking boom has taken off in the U.S. like no other place on Earth, the U.S. actually possesses less than 10 percent of the world’s estimated shale reserves, according to The Journal.

Despite this resource allotment discrepency, the U.S. Energy Information Administration (EIA) recently revealed that only four countries in the world have produced fracked oil or gas at a commercial-scale: the United States, Canada, China and Argentina.

Global Shale Fail
Image Credit: U.S. Energy Information Administration

US Could Slash Global Warming Emissions By Curbing Fossil Fuels Extraction On Public Lands

The U.S. Department of the Interior this week announced new fracking regulations that will serve as the only federal rules enforcing any kind of safety measures on the controversial drilling technique when they go into effect in a few months.

The rules only apply to oil and gas wells on public lands, however, and most fracking is done on private or state-owned land. The Obama Administration says it is hoping to set an example for states to follow when setting their own fracking standards, but if that’s the case, the federal government actually has plenty of opportunity to lead by example when it comes to reining in carbon emissions from fossil fuel development.

According to a new report by the Center for American Progress and The Wilderness Society, there is “a blind spot in U.S. efforts to address climate change.” Fossil fuel extraction on public lands, the source of almost 30% of U.S. energy production, is responsible for more than a fifth of total U.S. greenhouse gas emissions, the carbon equivalent of having 280 million more cars on the road. But the DOI “has no comprehensive plan to measure, monitor, and reduce the total volume of GHG emissions that result from the leasing and development of federal energy resources.”

“The Department of the Interior has long been in the business of approving well after well, mine after mine, without assessing the impacts of its energy policies on U.S. carbon pollution levels,” Matt Lee-Ashley, senior fellow and director of the public lands project at the Center for American Progress, told FuelFix.

"Frack Pack" Bills Introduced, Aim to Rein in Environmental Damage From Fracking Industry

On Thursday, Congressional Democrats introduced a set of four bills aimed at countering the environmental harms from hydraulic fracturing, or fracking, and the continuing shale gas rush.

Four Representatives — Reps. Diana DeGette and Jared Polis of Colorado, Matt Cartwright of Pennsylvania, and Jan Schakowsky of Illinois — and one Senator, Pennsylvania's Bob Casey, together announced the proposed legislation, dubbing the bills the “Frack Pack” and saying they were designed to roll-back loopholes in existing federal laws.

'Frackademia' Report Reveals Ties Between Government, Universities, and Shale Industry

While the government has decided to provide tax breaks for the oil industry in the 2015 Government Budget, everyone else has been talking about divestment. Ben Lucas looks at the growing movement and new evidence published this week on the relationship between government, universities and fracking companies.

What started out as a grassroots campaigning tactic to lobby big institutions to stop backing non-renewable energy production, has this week gained large-scale mainstream support.

The Guardian’s “keep it in the ground” campaign has now gathered a petition with over 60,000 signatures to ask the world’s largest charitable foundations to divest their endowments from fossil fuels. The UN has also come out in open support for the increasingly global movement.

And this week a report published by TalkFracking, a campaign group supported by Vivienne Westwood, on ‘Frackademia’ seeks to raise awareness about the influence of the fracking industry in university research departments.

Fracking Firm IGas Refuses Further Investigation into Possible Site Contamination

Barton Moss fracking company IGas has hit the headlines this week as it stopped further investigation into possible contamination claims, writes Ben Lucas, MA Investigative Journalist at City University, London. At the same time, the company has agreed a £30m deal with INEOS for access to its other shale gas sites.

An environmental expert has been stopped by fracking firm IGas and landowners Peel Holdings from further investigating possible chemical contamination at the company’s Barton Moss drilling plant, the Manchester Magistrates Court heard recently.

Dr Aiden Foley of EGG Consultants presented a report to the court showing “dangerously high” levels of contamination near the perimeter fence of the test drilling site in Eccles, Salford.


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