Justice for Lac Megantic

July 11, Citizens for a Clean Harbor held a benefit for the Harding Labrie Defense Fund, and raised $135. Thank you to everyone involved!

Donate now to help ensure a vigorous 

and fair legal defense

For background on the case, listen to this radio interview from Your Rights at Work! via Pacifica Radio

Herbert Harris Jr (Brotherhood of Locomotive Engineers &
Trainmen) reports on a local fundraiser to support Canadian rail workers being blamed for management’s mistakes in the 2013 Lac Megantic disaster.

Interview begins at 14.40

Our own Donna Albert sang this song for us.

Special thanks go to Fritz Edler of Railroad Workers United, for all his help and insightful discussion via Skype.

The Evidence is in: The Train Crew did not Cause the Lac-Mégantic Tragedy

Music Benefit for Lac-Mégantic Rail Worker Defense a great success!

Over $1700 raised kicking off fund drive for defense of the scapegoated rail workers and fighting for safe rails everywhere.

via The Harding Defense Fund

How many more have to die?

July 6th this year marks four years since a runaway train carrying volatile Bakken crude crashed and burned in the small town of Lac-Mégantic, Quebec, killing 47 and destroying half the town. It’s time to recommit to making sure tragedies like this don’t happen again. It’s also the right time to speak up against the criminal trial beginning September 11th this year, that unfairly and inaccurately hangs the Lac-Mégantic crash on two railroad workers, Tom Harding and Richard Labrie.

Railroad managers push hard to squeeze every dollar they can out of every train run. The Lac-Mégantic train had a dangerous cargo, overlong train, defective equipment, a single crew-member and work rules that cut the margin of safety down to just about zero. The result was a disaster that still impacts the Lac-Mégantic community.

Multiple government safety investigations and independent journalists looked at what happened in Lac-Mégantic and came to the same conclusion. Railroad management policies made this kind of runaway train crash likely to happen sooner or later. Lax government oversight looked the other way until it did.

You would think that four years later there would be stronger safety regulations on every railroad, with extra layers of protection for dangerous cargo. Sadly, this is not the case. Railroad policymakers are still cutting corners and government regulators are still looking the other way. They want people to believe that the big safety problem is a few careless railroad workers.  But in Lac-Mégantic, SINCE the wreck, the supposedly safely restored wreck curve has now deteriorated and keeps that community at risk.  Everyone there tightens up when a train passes now.

Even after all the reports and exposes, the Canadian and Quebec governments are still not going after the railroad policy makers and their unsafe policies. The managers who made the critical policies will not even get a slap on the wrist. That’s just wrong, and it guarantees that the danger continues. Every year since the crash, the number of reported runaway trains in Canada has increased. That’s a sign of a reckless culture, not the actions of two rail-road workers one night in Quebec.

Whether your main issue is the environment, community safety, rail safety, or worker’s rights, it comes down to stronger government regulations and stronger railroad safety policies, with real community and labor enforcement. The two railroad workers were not the cause of the Lac-Mégantic crash or any of the runaway trains since then. They are not the ones still running trains right through the town of Lac-Mégantic, ignoring the demands of the survivors for a simple rail bypass. The people in Lac-Mégantic know that sending Harding and Labrie to prison won’t address any of their problems with the railroad. But if that happens, you can bet the government will close the book as the official verdict on Lac-Mégantic and railroad management will be standing there with them.

When you hold public commemorations this year, we ask you to make this point your way. Blaming Harding and Labrie for the Lac-Mégantic tragedy weakens all of us and all our causes. So all of us have to speak up.

Donate now to help ensure a vigorous 

and fair legal defense

Justice for Lac-Mégantic requires Dropping the Charges Against Harding & Labrie

see page 2 for more from Lac Megantic

Why no Rail track wear standards for hauling hazardous materials?

 

Derailed freight train. Elliott City MD, 2012.

Rail track wear standards elude agreement

MATTHEW BROWN and MICHAEL KUNZELMAN Associated Press Writers
Dec 6, 2015   Herald & Review

A pair of train derailments in 2012 that killed two people in Maryland and triggered a fiery explosion in Ohio exposed an unsettling truth about railroads in the U.S. and Canada: No rules govern when rail becomes too worn down to be used for hauling hazardous chemicals, thousands of tons of freight or myriad other products on almost 170,000 miles of track.

U.S. transportation officials moved to establish universal standards for when such steel gets replaced, but resistance from major freight railroads killed that bid, according to Associated Press interviews with U.S. and Canadian transportation officials, industry representatives and safety investigators.

Now, following yet another major accident linked to worn-out rails — 27 tanker cars carrying crude oil that derailed and exploded in West Virginia earlier this year — regulators are reviving the prospect of new rules for worn rails and vowing they won't allow the industry to sideline their efforts.

"We try to look at absolutely every place where we can affect and improve safety," said Federal Railroad Administrator Sarah Feinberg. "Track generally is the place that we're focusing at the moment, and it's clearly overdue. Rail head wear is one place in particular that we feel like needs to be addressed as soon as possible."

An official announcement on the agency's intentions to revisit rail wear is expected by the end of the year.

In the meantime, federal regulators haven't taken the positive steps that they need to, said Ronald Goldman, an attorney for the families of the two 19-year-old women who died in a 2012 derailment outside Baltimore.

"It's a lack of will, not a lack of ability, in my opinion," he added.

Industry supporters argue that the seven major freight railroads in the U.S. and Canada are in the best position to know what is going on with their lines, including when they need to be replaced or have the maximum speeds for trains traveling on them lowered.....   more here

 

For Big Railroads, a Carload of Whistleblower Complaints

For Big Railroads, a Carload of Whistleblower Complaints

By Stuart Silverstein and Brian Joseph     October 21, 2015   FairWarning

As both a veteran railroad worker and union official responsible for safety, Mike Elliott became alarmed when he learned of trouble-plagued train signals in his home state of Washington.

Signals, he said, at times would inexplicably switch from red to yellow to green – potentially creating confusion that could lead to a crash. Elliott raised that and other signal issues repeatedly with his managers at BNSF Railway Co. But eventually, Elliott concluded that “these guys are running me around in circles.”

So Elliott, 57, of Tacoma, Wash., pressed his concerns with the Federal Railroad Administration, summarizing the matter in a January 2011 letter. The FRA investigated, and discovered 357 safety violations, including 112 signal system defects.

 Speaking up for safety, though, only made matters worse for Elliott at BNSF, where he already had clashed with managers. Within weeks the company fired Elliott from his job as a locomotive engineer – an act that a federal jury this summer ruled was illegal retaliation by BNSF against a whistleblower.

The June 30 decision by the Tacoma jury, which awarded Elliott $1.25 million but is being appealed, spotlights the unjust punishment that critics say sometimes is meted out to railroad workers who report injuries or safety problems. These critics, including plaintiff lawyers and union officials, along with others who have examined railroad practices, say the harsh treatment reflects old, hard-line management tactics that persist in corners of the industry…..

…. an administrative law judge in 2013 ruled against Union Pacific, declaring: “The actions by Union Pacific have been so egregious in this case, and Union Pacific has been so openly blatant in ignoring the provisions of [federal law], that I find punitive damages are necessary to ensure that this reprehensible conduct is not repeated.” …..

…. Joseph C. Szabo, who headed the FRA from 2009 until this January, said industry supervisors often are under “immense pressure” to curb costs by moving trains quickly out of rail yards. That, in turn, translates into pressure on rank-and-file workers “to ignore safety protocols and to just get the damn train out of town.” That’s why, Szabo said, it’s “critically important” that railroad workers are “very comfortable in doing the right thing without any fear of retribution.” ….   More here

Other News:

WHAT TO LOOK FOR AS CONGRESS SETS A SIX-YEAR AGENDA FOR DANGEROUS GOODS TRANSPORT  - Bloomberg

 

Dayton says oil-by-rail shipments through Twin Cities puts thousands of Minnesotans at risk

Grand Forks Herald

- ‎Oct 21, 2015‎

In the letter to BNSF president and CEO Carl Ice, Dayton says nearly 100,000 more people are within the ½ mile evacuation zone of crude oil rail shipping routes in Minnesota now that BNSF is shipping Bakken crude oil along a rail line through downtown ...

DOE Disinformation and Delay Enable Bomb Trains

Watch DeSmog’s Justin Mikulka Interviewed on ‘Ring of Fire’ About Risky Crude Oil Trains

By Brendan DeMelle • Sunday, October 4, 2015      DeSmogBlog

Following up on several recent articles and a video explaining how the risks of Bakken oil “bomb trains” will continue to endanger communities across North America for years to come despite new regulations, DeSmog contributor Justin Mikulka recently appeared on Ring of Fire on Free Speech TV.

In a conversation with host Farron Cousins (a DeSmog contributor since 2011), Mikulka cites the recent revelations of ExxonMobil’s extensive and accurate climate research — followed by decades of attacking that same science — as evidence of the oil industry’s willingness to deny science in the pursuit of profit.

The discussion focuses on how the exact same thing is happening with the rail shipment of volatile crude oil, and how the oil industry has found a willing partner to challenge the science of crude oil in the Department of Energy.

Watch the Ring of Fire segment:

States Step Up Scrutiny of Oil Train Shipments

In 2014, several CSX tanker cars carrying crude oil derailed and caught fire along the James River near downtown 

Lynchburg, Va. (AP/Steve Helber)

States Step Up Scrutiny of Oil Train Shipments

Some states are looking to prevent more derailments and spills, but the freight industry doesn’t want more regulation.

 

By Daniel C. Vock | August 26, 2015  Repost from GOVERNING The States and Localities

                                 h/t Benecia Independent

 

When it comes to regulating railroads, states usually let the federal government determine policy. But mounting concerns about the safety of oil trains are making states bolder. In recent months, Oregon, Pennsylvania and Washington state have taken steps to strengthen oversight of the freight rail industry.

The three join several other states — mostly led by Democrats — in policing oil shipments through inspection, regulation and even lawsuits. Washington, for example, applied a 4-cent-per-barrel tax on oil moved by trains to help pay for clean-ups of potential spills. The new law also requires freight rail companies to notify local emergency personnel when oil trains would pass through their communities.

“This means that at a time when the number of oil trains running through Washington is skyrocketing, oil companies will be held accountable for playing a part in preventing and responding to spills,” said Democratic Gov. Jay Inslee when signing the measure this spring.

The flurry of state activity comes in response to a huge surge in the amount of oil transported by rail in the last few years. Oil from the Bakken oil fields in North Dakota and nearby states must travel by train to refineries and ports because there are few pipelines or refineries on the Great Plains. The type of oil found in North Dakota is more volatile — that is, more likely to catch on fire — than most varieties of crude.

Public concerns about the safety of trains carrying oil have increased with the derailments in places like Galena, Ill.; Mt. Carbon, W. Va.; Aliceville, Ala.; Lynchburg, Va.; Casselton, N.D.; and especially Lac-Megantic, Quebec, where 47 people died in 2013.

Federal regulators responded to these incidents by requiring railroads to upgrade their oil train cars, to double check safety equipment on unattended trains, and to tell states when and where oil trains would be passing through their borders. This last requirement was hard won. This summer, the Federal Railroad Administration tried to encourage states to sign nondisclosure agreements with railroads about the location of oil trains. After several states balked, the agency relented.

California, Louisiana, New Jersey, Ohio and Oklahoma have all signed nondisclosure agreements, while Idaho, Illinois, Montana, North Dakota, Washington and Wisconsin have refused to do so, according to the Reporters Committee for Freedom of the Press.

A Maryland judge earlier this month ruled against two rail carriers, Norfolk Southern and CSX, that wanted to block the state’s environmental agency from releasing details of their oil shipments. The railroads have until early next month to decide whether to appeal.

“The ruling isn’t the first time railroads have lost their bid to keep the oil train reports secret,” wrote reporter Curtis Tate of McClatchy, one of the news organizations that requested the records, “but it is the first court decision recognizing the public’s right to see them.”

Many states want this information so that fire departments and other emergency personnel can prepare for a potential derailment. California passed a law last year imposing clean-up fees on oil shipped by rail. The railroad industry challenged the law in court, but a judge ruled this summer that the lawsuit was premature. Minnesota passed a similar law last year, and New York added rail inspectors to cope with the increase in oil train traffic. A 1990 federal law lets states pass their own rules to prepare for oil spills, as long as those rules are at least as rigorous as federal regulations.

In Pennsylvania, which handles 60 to 70 oil trains a week, Democratic Gov. Tom Wolf asked a University of Delaware expert to help to improve safety of oil trains traveling through the state. The professor, Allan Zarembski, produced 27 recommendations for the state and the railroads. He called on the state to improve its inspection processes of railroad tracks, particularly for tracks leading into rail yards, side tracks and refineries that often handle oil trains. The professor also encouraged the state to coordinate emergency response work with the railroads and local communities.

Zarembski’s suggestions for the railroads focused on how they should test for faulty tracks, wheel bearings and axles. Most major derailments in recent years were caused by faulty track or broken equipment, not human error, he noted in his report.

Please share!

Senators call for permanent PHMSA director; NY blocks tar sands expansion without EIS

Senators call for permanent director to oversee pipeline and crude-by-rail safety

Central Kitsap Reporter   May 21, 2015

WASHINGTON, D.C. – U.S. Senators concerned about the potential dangers of oil being transported via rail sent a letter calling on President Obama to nominate a permanent administrator to head the Pipeline and Hazardous Materials Safety Administration, the agency responsible for overseeing pipeline and crude-by-rail safety.

"It is important to states like ours that PHMSA have a permanent administrator to ensure accountability, to develop long-term plans for pipeline transport and crude-by-rail safety, and to respond quickly when things unfortunately go wrong," the Senators wrote.

Washington senators Maria Cantwell, D-WA, and Patty Murray, D-WA, joined by Senators Jon Tester, D-Mont., Barbara Boxer, D-Calif., Tammy Baldwin, D-Wis., Dianne Feinstein, D-Calif., Heidi Heitkamp, D-N.D., Joe Manchin, D-W.Va., Gary Peters, D-Mich., and Debbie Stabenow, D-Mich., all signed the letter.

"We rely on this Agency to protect our citizens and our environment from damaging spills and accidents, while also ensuring the flow of energy products to those who need them."....    more here

The Port of Albany.  Photo courtesy of Andy Arthur

Cuomo Administration Blocks Massive Tar Sands Oil Facility Expansion in Albany 

Department of Environmental Conservation to require full environmental review of Global Companies’ proposal

 

eNews Park Forest  May 22, 2015

Albany, NY — In the face of a court challenge from a broad coalition of environmental and community groups and massive community opposition, the Department of Environmental Conservation (DEC) yesterday halted Global Companies’ proposed expansion of its massive Albany oil train facility to handle tar sands oil. Citing project changes, new information, questions about the project’s ability to meet air quality, and impacts to the neighboring residential community, the DEC issued a letter today notifying Global it would rescind its prior finding that the project would have no significant environmental impacts and that a full environmental review will be required.

The expansion would have allowed Global to pump tar sands oil out of railcars, store and heat it in storage tanks on-site at the Port of Albany, and transfer the oil onto barges for transport down to the Hudson River to East Coast refineries.

Earthjustice, on behalf of the Ezra Prentice Tenants Homes Association, Sierra Club Atlantic Chapter and Center for Biological Diversity, filed a lawsuit last year demanding the DEC rescind its prior finding that the project would have no environmental impact and require a full environmental review. The lawsuit is still pending in state court......     more here