All posts by Roger Straw

Editor, owner, publisher of The Benicia Independent

Oil Train Response 2015 – activists gather in Pittsburgh

Repost from the Pittsburgh Post-Gazette
[Editor:  The report below is the only mainstream media coverage of the Nov. 14-15 event “Oil Train Response 2015” that I could find.   Facebook users can check out photos and brief comments at Bay Area Refinery Corridor Coalition and IWW Environmental Unionist Caucus.  Tweeters can catch a few pics via past tweets by Ethan Buckner.  Here is the agenda, and here is a related 1-hour video “Oil Train Webinar” organized in advance of the event by ForestEthics.  – RS]

Local officials tout alliances to push for stronger oil train regs

By Daniel Moore / November 14, 2015 12:00 AM

What Marilaine Savard remembers most is hearing the blast, seeing the flames out her window and a plume of black smoke dimming the sky — but being unable to do anything about it.

It was July 2013 and Ms. Savard was visiting a friend in Lac-Mégantic, a town in rural eastern Quebec that serves as the central hub for about a dozen small communities. It had banks, post offices and bars. Now, she said, the downtown is a desert with all the buildings demolished and the soil contaminated.

The town is now eponymous with the worst rail disaster since a boom in North American oil production put more of the commodity on the rails.

Ms. Savard, who said she now lives and works in Lac-Mégantic to help the community rebuild, was one of dozens of people who gathered in Pittsburgh on Friday to hear from panels of elected officials and academics on what is being done to prevent and respond to derailments of trains carrying crude oil.

The Heinz Endowments organized the daylong conference in a packed hotel ballroom in Oakland. Roughly 60 to 70 trains carrying crude oil — mainly extracted from the Bakken Shale formation in North Dakota and destined for refineries on the East Coast — travel through Pennsylvania each week.

In February, a train carrying crude oil derailed and displaced 100 people near Charleston, W.Va.

The two main carriers, Norfolk Southern Corp. and CSX Corp., were not present as organizers wanted to focus the conversation on community engagement with elected officials.

“Individual communities are largely powerless,” said Grant Oliphant, president of the Heinz Endowments, in an interview. “I think what you are beginning to see is momentum building nationally to address the issue.”

Local officials who flew in from places like New York and Washington state stressed the importance of forming partnerships to put pressure on the U.S. Department of Transportation — the sole regulatory authority over the railroad industry — to enact stricter rules.

Ben Stuckart, chair of the city council in Spokane, Wash., said he helped start the Safe Energy Leadership Alliance, a coalition of local, state and tribal leaders across the Pacific Northwest united by concerns over traffic from coal and oil trains.

“So then, when I go to D.C. and sit with Transportation Secretary (Anthony) Foxx, I’m not just representing citizens of Spokane. I say I’m representing SELA,” Mr. Stuckart said.

“By us all acting together, we make a stronger case for it,” he said.

The conversation was at times testy, as local and state emergency management officials sought to assure the audience they were prepared for a range of disasters.

Environmental groups and others have demanded railroads publicly release specific information on what hazardous materials are being transported on what lines. Local emergency officials have insisted railroads provide them with enough information to respond to incidents, but that information has never been divulged publicly.

Raymond DeMichiei, deputy coordinator for the city’s Office of Emergency Management and Homeland Security, defended keeping the information private, citing the potential for acts of terrorism.

“We have an obligation to make sure the bad guys don’t get the information,” Mr. DeMichiei said.

During a later question-and-answer session, members of the crowd raised the question of secrecy again. “What advantage does it provide for you to know in Downtown Pittsburgh how many day care centers are within a mile on either side of the railroad tracks?” Mr. DeMichiei countered to a question about why such information is private.

“Because this is a democracy,” responded one audience member.

Ms. Savard, who was not on a panel, said most residents who haven’t been forced to relocate away from Lac-Mégantic, she said, are still in a state of shock. Without a downtown hub, the entire region is coping with where to go for basic services.

She hopes, by sharing the struggles of residents two and half years after the explosion, that a movement can begin to influence real change.

“They are not able to see the big picture right now,” she said. “They are trying to survive.”

This story was updated on November 18, 2015 with the correct number of crude oil trains that travel through Pennsylvania.

Obama petition: support global action on climate change

Repost from Organizing For Action
[Editor:  Click below to add your name to President Obama’s petition.  – RS]

Support global action on climate change

Climate change is a world-wide problem, and the international community is coming together to act. We can’t let deniers in the U.S. derail progress.

Add your name—say you’re ready for big steps forward on climate change … (click here to add your name) 

 

 

Second train worker sues BNSF over Casselton oil train explosion

Repost from INFORUM, Fargo ND

Second train worker sues BNSF over Casselton oil train explosion

By Emily Welker on Nov 19, 2015 at 5:30 a.m.
Smoke rises from scene of a derailed train near Casselton, North Dakota December 30, 2013. Michael Vosburg / The Forum

FARGO – A train conductor in the massive oil tanker train derailment and explosion in Casselton about two years ago is suing BNSF Railway, claiming its negligent safety practices left him injured in the wreck.

It’s the second lawsuit filed in Cass County District Court by a railroad worker in connection with the derailment and explosion, which prompted evacuations in Casselton as thick smoke billowed from oil tanker fires that burned for more than a day. An eastbound 106-car BNSF train hauling oil struck a derailed westbound train hauling soybeans on Dec. 30, 2013, about a half-mile outside of Casselton.

The latest lawsuit, filed Tuesday by Burleigh County train conductor Peter Riepl, says that Riepl was working as conductor on the train, which was loaded with crude oil from the Oil Patch in western North Dakota. The oil train’s lead locomotive hit a railcar from the derailed soybean train, forcing the oil train to derail, the lawsuit says. It says as the oil tankers on Riepl’s train began to catch fire and explode, he leapt from the train to escape and was injured.

The lawsuit claims BNSF was negligent in its safety practices, including in its failure to follow federal and state laws and regulations, and in failing to adopt safe methods to transport hazardous materials.

It also claims that Riepl injured his back two years before that while working on a BNSF train near Stanton, N.D., when he hit his foot on an unsafe section of flooring and fell, also due to the railroad’s negligence.

The suit doesn’t ask for a specific dollar amount, but says Riepl suffered severe and permanent damages and wants the railroad to pay for those losses and damages, including his medical care.

Attorneys on both sides couldn’t be reached for comment Wednesday, and no response to Riepl’s lawsuit had yet been filed in court.

BNSF spokesperson Amy McBeth said in an email, “BNSF values Mr. Peter Riepl as an employee, and we are reluctant to say anything about him or his lawsuit outside of the context of his case.”

In their legal response to a similar lawsuit filed in earlier this year in connection with the Casselton derailment, BNSF officials denied any negligence.

That suit, filed by Fargo train engineer Bryan Thompson, also claimed BNSF failed to warn its train workers about the dangers of oil tanker trains and didn’t take appropriate safety precautions.

Thompson claims he suffers from post-traumatic stress disorder because of the crash, and he was forced to leave his career as a train engineer.

BNSF officials said in their response that Thompson’s suit might be barred by the terms of the federal Railroad Safety Act. The lawsuit is still pending. A trial is set for August 2017.

The Casselton derailment received nationwide coverage, coming just a few months after a train carrying North Dakota crude rolled down a hill and exploded, killing 47 people in Quebec. The crashes contributed to an ongoing national discussion about the risk of hauling crude oil overland from North Dakota’s Oil Patch.

The National Transportation Safety Board hasn’t released the final results of its investigation of the crash.

Northridge neighbors fight a second railroad track

Repost from the Los Angeles Daily News

Northridge neighbors fight a second railroad track

By Dana Bartholomew, 11/18/15, 8:12 PM PST
Residents against a proposed changing of a single railroad track in to a double that runs through their Northridge neighborhood, Wednesday, November 11, 2015. (Photo by Hans Gutknecht/Los Angeles Daily News)

NORTHRIDGE >> When dozens of freight and passenger trains whoosh each day past homes in Northridge, curtains are sucked through open windows and nail heads sometimes lifted from floors, residents say.

And that happens from just one railroad track.

Now residents along the San Fernando Valley railroad are rattled by plans for a second track running from Van Nuys to Chatsworth. They say the double track would move the trains much closer to their backyards, diminishing property values while increasing noise, vibration and the chance of a dangerous derailment or toxic spill.

“There’s already a good chance of derailment, because of cars running through our cul de sac,” Briana Guardino, 47, of Northridge, whose home on White Oak Avenue abuts the railroad right of way and lies 60 feet from the track, said during a recent streetside protest. “If they put a new track in here, my family’s dead. If a train tips over, it’s coming straight into our bedroom.”

The Los Angeles County Metropolitan Transportation Authority has long planned to lay a second track across the northwest San Fernando Valley rail corridor. But momentum on the project, which had been scheduled to break ground next year, was slowed when newly appointed Metro CEO Phillip Washington said he would seek more community input and the results of a noise and vibration study requested by residents.

The Raymer to Bernson Double Track Project, formally proposed in 2011, would add 6.4 miles of new rails between Woodley and De Soto avenues, allowing Metrolink, Amtrak and Union Pacific trains to share a continuous rail corridor across Los Angeles County and beyond.

The $104 million project, to be paid for by voter-approved Measure R and Proposition 1B transit funds, would include upgrades to traffic controls, grade crossings and roads and bridges along the rail route, while rebuilding the Northridge Metrolink Station to serve an expected boost in passengers.

By adding a second track, Metro officials say, freight and passenger trains that now sit with their engines idling waiting for trains to pass would operate more efficiently, creating less smog. They say a double track would also promote rail safety, reliability and on-time performance.

“We would never do anything that was not safe, that we know to be unsafe,” said Paul Gonzales, a spokesman for Metro. “Nothing will be approved, built or operated unless we’re satisfied that it’s safe.”

Residents’ concerns

This summer, however, residents of Sherwood Forest caught wind of the double-track plan they say double-crossed the thousands who live along the route by speeding ahead without community input or any state or federal environmental impact reviews.

Instead, transit officials had won a federal “categorical exclusion,” or environmental study workaround, by claiming “the public has been informed of the project and is in complete support.”

It wasn’t.

While public officials and some neighborhood councils were brought up to date, residents living by the railroad tracks were not, they say. So meetings with Metro were called over the summer, with hundreds turning out in opposition. A Citizens Against Double Track Steering Committee coalition was formed.

More than 1,000 residents have signed a petition to spike the project.

A protest by the Northridge track last week drew nearly 20 red-clad residents who brandished signs from “Too close to homes = unsafe” to “Destroy property values.” They said the number of trains has grown from up to eight each day 30 years ago to up to three dozen, with more capacity expected with a double track. Three trains, including a 95-car freight, passed within an hour during the protest.

“Very simply: We all moved in knowing there was a train behind us,” said Stefan Mayer, 59, of Northridge, a contractor who now regularly checks his wood floor for raised nail heads. “What I do have a problem with is the possibility of more trains, more noise, more (danger) and the destruction of our property.”

Support for residents

Meanwhile, elected officials from Los Angeles to Washington have voiced support for residents’ opposition. In August, Councilman Mitch Englander called on Metro to explain its reasons for a new track, urging the agency to address local concerns about the environmental review process.

County Supervisor Sheila Kuehl, a Metro board member whose district includes the proposed double track, has joined residents with questions about public safety.

“I have some concerns regarding double tracking in residential areas,” she said last week in a statement. “If Metro decides to move forward with (a) second phase, I will request a full environmental review.

“I am concerned that the issues the community has raised be addressed and that there be adequate mitigation.”

Congressman Brad Sherman has also weighed in, saying he shares the concerns of Kuehl and residents affected by trains passing more closely to their homes.

He said the federal National Environmental Policy Act requires a formal environmental review if the proposed rail project could result in a change in “noise sources” within homes, schools and parks. Metro is now conducting a preliminary noise study.

“Furthermore, I understand that Metro and Metrolink are considering a proposal which accomplishes the project goals of operational reliability and safety without double-tracking the one-mile stretch of the project which lies adjacent to homes,” Sherman, D-Sherman Oaks, said in a statement. “I am hopeful that their efforts to find a solution to the concerns of the affected community prove successful.”

A Metro town hall meeting that was scheduled to take place today to answer more than a hundred questions from residents was pushed back to mid-December, a Metro spokesman said, or early January to accommodate for the holidays.

Gonzales, the Metro spokesman, admitted the agency had “fallen down on the job” on community outreach but would make it right.

“The decision will be made according to what’s right, for not only the local community, but the transportation system as a whole,” he said. “Their needs, desires will be taken into account.

“We have listened — and continue to listen — to people in that neighborhood, and are taking their issues into account.”

One known incident

Residents said the only known incident along the line was a derailment during the 1994 Northridge earthquake and that seismic safety precludes a second track.

They questioned the need for a second track when Metrolink ridership has dropped more than 9 percent since 2008 — from 45,443 daily boardings to 41,248, according to a recent study — with some passenger cars nearly empty.

They questioned a “track shift” they said would force trains to cross over from a new double track north of the current rails to new rails laid to the south, creating another hazard. But there will be no track switch, Metro officials say.

They also questioned the safety of moving rails closer to their homes that carry explosive crude oil trains. Two years ago, an oil train derailed in Lac-Megantic, Quebec, with a resulting explosion that killed 47 and burned 30 buildings. Last summer, the Los Angeles City Council passed a motion urging a San Luis Obispo Planning Commission to block a proposed Phillips 66 refinery expansion that could send five 1.4-mile-long oil trains a week into Los Angeles through the San Fernando Valley.

If a crude-bearing train were to derail in the highly populated Valley, a blast ratio of 1,000 feet could kill 3,000 people, residents say.

“When they started this (double track), they essentially cheated our neighborhood out of an environmental impact report,” said Michael Rissi, co-chairman of the steering committee to fight a second track. “We want an EIR.

“But we really don’t want a double track. The single track has been here for 102 years without an accident, and we want it to stay that way.”