Lac-Mégantic disaster class-action suit gets green light

Repost from CBC News Montreal

Lac-Mégantic disaster class-action suit gets green light

Plaintiffs told they cannot sue Irving Oil or now-bankrupt Montreal Maine and Atlantic Railway
The Canadian Press, May 09, 2015 11:36 AM ET

A class-action lawsuit has been approved almost two years after a train derailment and explosion killed 47 people in Lac-Mégantic, Que.

But the Quebec Superior Court justice’s ruling means it is far more limited in scope.

Justice Martin Bureau has given the plaintiffs permission to go after only two companies — World Fuel Services and Canadian Pacific Railway.

Initially, the legal action targeted 37 different parties, including Irving Oil, the now-bankrupt Montreal Maine and Atlantic Railway and its former president, Edward Burkhardt.

In January, victims of the rail disaster reached a major financial settlement with Montreal, Maine and Atlantic Canada.

The lawsuit alleges CPR was negligent and there was a lack of prudence in all circumstances leading up to the tragedy.

The lawsuit was filed by three Lac Mégantic residents — Guy Ouellet, Serge Jacques and Louis-Serge Parent — on behalf of all the victims.

The exact amount being sought will be determined at a later date.

Oil in North Dakota derailment was “Conditioned” but not “Stabilized”

Repost rom ABC News
[Editor:  Note that the oil was CONDITIONED according to North Dakota regulations, but it was not STABILIZED which is a stricter standard currently used elsewhere.  (See The difference between oil “conditioning” and oil “stabilization”.)  The vapor pressure of oil on this train was measured at 10.8 psi. Compare this with DeSmogBlog: “…regular crude oil has a Reid Vapor Pressure (RVP) of 5-7 psi and Bakken crude has an RVP between 8-16 psi. To put that in perspective, gasoline typically has a RVP of 9 psi.”  Note also: “The North Dakota train was traveling 24 miles an hour…much slower than the 50 mph limit imposed by federal regulators.”  – RS]

Oil in North Dakota Derailment Was Treated to Cut Volatility

By Matthew Brown and Blake Nicholson, Associated Press, May 7, 2015, 7:09 PM ET

BISMARCK, N.D. — A shipment of oil involved in an explosive train derailment in North Dakota had been treated to reduce its volatility — a move that state officials suggested could have reduced the severity of the accident but won’t prevent others from occurring.

Hess Corporation spokesman John Roper said the oil complied with a state order requiring propane, butane and other volatile gases to be stripped out of crude before it’s transported. That conditioning process lowers the vapor pressure of the oil, reducing the chances of an explosive ignition during a crash.

Despite the treatment of the crude in Wednesday’s accident, six cars carrying a combined 180,000 gallons of oil caught fire in the derailment 2 miles from the town of small Heimdal in central North Dakota. The town was evacuated but no one was hurt.

Investigators on Thursday recovered wheel fragments from the scene. Those will be sent to a government laboratory for analysis, said National Transportation Safety Board spokesman Keith Holloway. A defective tank car wheel is suspected to have played a role in another oil train accident, in Galena, Illinois, on March 10.

The North Dakota train was traveling 24 miles an hour, Holloway said, much slower than the 50 mph limit imposed by federal regulators.

The state volatility standard went into effect last month. It came in response to a string of fiery oil train accidents, including a 2013 derailment in Lac-Megantic, Quebec that killed 47 people and a derailment and fire near Casselton, North Dakota last year.

Members of Congress have called for a stricter, national volatility standard for crude moved by rail.

Roper said the Hess shipment was “fully in compliant with North Dakota’s crude conditioning order.” It was tested immediately prior to loading onto a BNSF Railway train in Tioga and had a vapor pressure of 10.8 pounds per square inch — compared to the 13.7 pounds per square inch maximum under the state standard.

Reducing the explosiveness of crude moved by rail was not supposed to be a cure-all. Federal regulators last week announced a new rule that calls for stronger tank cars better able to withstand a derailment and more advanced braking systems to help keep fuel-carrying cars on the tracks.

“Our oil conditioning order in no way will prevent an accident,” said Alison Ritter with the North Dakota Industrial Commission, which set the vapor pressure standard. “Oil is still going to burn. That’s why the oil was produced. But it’s not as explosive.”

The first witness on the scene Wednesday, 68-year-old Heimdal resident Curt Benson, said he heard and felt an explosion in his house and then witnessed three or four more explosions when he got to the scene. He said it was nowhere near the magnitude of the Casselton explosions, which he saw on television footage.

“I would say that ours was somewhat minor compared to theirs,” Benson said.

Casselton Fire Chief Tim McLean said the disaster outside of that city appeared much worse than the Heimdal incident, but there were other factors to consider than just the volatility of the oil. The Casselton derailment involved more than twice the amount of crude and different kinds of tanker cars, he said. Another freight train, carrying soybeans, also was involved in Casselton and provided more fuel for the fire.

Democrats in Congress contend more needs to be done to reduce the danger of oil shipments by rail that pass through more than 400 counties including major metropolitan areas such as Seattle, Chicago and Philadelphia. Most of that oil comes from the Bakken region of North Dakota, Montana and Canada.

“Why do we let trains with this volatility pass through every day? Why are we letting these guys get away with that?” U.S. Sen. Maria Cantwell, a Washington state Democrat, said in an interview last week after federal regulators unveiled the braking and tank car rule.

BNSF vice president Mike Trevino did not immediately know how much of the oil in Heimdal burned, how much spilled and how much was left in the cars after the fire was extinguished.

The railway was working to remove the derailed cars and repair the track Thursday. It planned to re-open the line Friday afternoon, Trevino said.

The line runs next to an intermittent waterway known as the Big Slough, which drains into the James River about 15 miles downstream. Oil got into the slough, but it was contained and was being recovered, state Emergency Services spokeswoman Cecily Fong said early Thursday.

The tank cars that burst into flames were a model slated to be phased out or retrofitted by 2020 under a federal rule announced last week. It’s the fifth fiery accident since February involving that type of tank car, and industry critics called for them to be taken off the tracks immediately to prevent further fires.

For residents of Heimdal and surrounding Wells County, which oil trains cross daily, the disaster was the realization of something they always feared might happen, County Commission Chairman Mark Schmitz said.

“It’s definitely been in the back of everybody’s minds,” he said.

———

Brown reported from Billings, Montana.

Rail industry to test drone use for remote track inspection

Repost from FierceGovernmentIT

FAA: PrecisionHawk, BNSF to test drones that go beyond pilot’s line of sight

By Dibya Sarkar,  | May 7, 2015 

Federal aviation regulators May 6 announced a partnership with three U.S. companies that will include researching and testing commercial drones that can fly beyond an operator’s visual line of sight.

The Federal Aviation Administration said that drone manufacturer PrecisionHawk will test how unmanned aerial vehicles can be use for crop monitoring beyond a pilot’s direct vision, while BNSF Railroad will research how such aircraft can be used to inspect rail infrastructure, the agency said in a press release.

Additionally, the cable news organization CNN will look at how drones can be used for news gathering in urban areas within visual line-of-sight operations.

“We anticipate receiving valuable data from each of these trials that could result in FAA-approved operations in the next few years,” said FAA Administrator Michael Huerta said in prepared remarks. “They will also give insight into how unmanned aircraft can be used to transform the way certain industries do business – whether that means making sure trains run on time, checking on the health of crops, or reporting on a natural disaster.”

Huerta announced the partnerships, which is called the Pathfinder program, during the Association for Unmanned Vehicle Systems International Conference in Atlanta.

According to the FAA release, CNN and the agency have already been working together through a cooperative research and development agreement while BNSF is completing a similar agreement. PrecisionHawk, it said, has been working with FAA on a possible research partnership.

In February, the agency published a proposed rule for small drones, under 55 pounds, and has received nearly 4,500 public comments and is finalizing the rule.

“This, however, takes time – so we’re actively looking for other ways to expand the use of unmanned aircraft in the meantime,” said Huerta, citing six national test sites and waivers for some commercial operations in addition to the latest partnerships.

At the conference, the FAA also released a new smartphone application called “B4UFLY” that’s designed to help model aircraft and drone users know if it’s safe and legal to fly at a particular location.

Huerta in remarks said that people who may be new to unmanned aircraft community may not know the rules and regulations.

“That’s a knowledge gap we need to fill,” he said. “The United States has the most complicated airspace in the world. We need to make sure hobbyists and modelers know where it’s okay to fly and where it isn’t okay to fly – because there can be very real consequences if you don’t.”

The app will be available to about 1,000 beta testers with Apple devices this summer. An Android app is planned later.

North Dakota train explosion incites Benicia protest

Repost from the Vallejo Times-Herald
[Editor: Many thanks to the Vallejo Times-Herald for covering the Benicia Rally.  There were actually 21 of us there.  We chanted “Leave the oil … in the soil!”  Passing motorists waved, honked and gave us thumbs-up.  A few pedestrians stopped to talk.   – RS]

North Dakota train explosion incites Benicia protest

Chris Riley — Vallejo Times-Herald

About a dozen members of Benicians for a Safe and Healthy Community, a citizen group against Valero’s crude-by-rail project, stage a protest Thursday morning at Benicia’s City Park in light of Wednesday’s crude-by-rail train derailment and explosion in North Dakota. Benicia is currently processing the use permit and Environmental Impact Report for the project. The recirculated draft EIR is anticipated to be released for public comment June 30. Chris Riley — Vallejo Times-Herald

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