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.”

‘Keep It in the Ground’ Win: Utah Oil and Gas Auction Halted

Repost from the Center For Biological Diversity
[Editor: sign their petition .  – RS]

BLM postpones Utah auction to ‘accommodate’ climate activists

By Phil Taylor, E and E News, November 17, 2015

About the CenterThe Bureau of Land Management late last night announced it is postponing today’s scheduled oil and gas lease sale in Salt Lake City to appease activists who are fighting to keep those minerals in the ground.

BLM had planned to lease up to 37,580 acres scattered around the center of the Beehive State for future oil and gas development, but the agency said it needed more time to “better accommodate the high level of public interest in attending the sale.”

It marks the first time that the “Keep it in the Ground” climate movement — which seeks to end the sale of federally owned oil, gas and coal — has disrupted a BLM lease auction.

BLM said it intends to reschedule the sale in the “near future.”

“As a public agency, we understand the importance of transparency,” said BLM spokeswoman Megan Crandall. “Given the large interest, we chose to postpone the sale and will be working to find the best way to accommodate the public and those who wish to attend and participate in the auction when it is held.”

It was the third consecutive BLM lease sale to be confronted by climate protesters who believe the burning of federally owned fossil fuels will undermine the nation’s efforts to reduce greenhouse gas emissions.

Roughly 50 people gathered last week outside BLM’s Colorado headquarters in Lakewood to protest the agency’s sale of 90,000 acres in the Pawnee National Grassland, according to the Western Energy Alliance.

BLM moved forward with that auction, selling 106 parcels covering 83,534 acres for $5 million.

Protesters also demonstrated outside a Nov. 3 lease sale in Wyoming.

Crandall said there was not enough room in BLM’s downtown Salt Lake City auction room to accommodate members of the public who wanted to attend. The room is about 28 feet wide by 60 feet long and also has to accommodate up to 30 bidders and reporters, she said.

BLM planned to live-stream the auction, but many activists insisted on attending in person, she said.

The “Keep it in the Ground” campaign is backed by some major environmental groups including the Natural Resources Defense Council and is buoyed in Congress by legislation from Sen. Jeff Merkley (D-Ore.) that would end new leasing and renewals of nonproducing federal leases for oil, coal and gas.

The movement is riding the momentum of President Obama’s recent rejection of the Keystone XL pipeline and Royal Dutch Shell PLC’s decision to abandon oil exploration in the Arctic Ocean. It now seeks to stop BLM from leasing fossil fuels in the West and the Bureau of Ocean Energy Management from opening the Atlantic Ocean to offshore drilling.

In Salt Lake City this morning, roughly 40 activists displayed theatrical bidding paddles, held up photos of their grandkids and sang folk songs including John Prine’s “Paradise,” according to Tim Ream, an organizer from WildEarth Guardians who is based in San Francisco and attended this morning’s protest. Organizing groups included WildEarth, the Center for Biological Diversity, Women’s Congress for Future Generations, 350.org, the Rainforest Action Network and Elders Rising for Intergenerational Justice.

Ream said BLM informed him last week that some members of the public would be turned back from the auction room regardless of whether there was space. This morning’s protest was led primarily by older activists who had no intention of disrupting the sale, he said.

“They wanted to touch the hearts of those who are selling and buying our public lands,” he said. “They realized two years in prison is too high a price.”

Ream was referring to the two-year prison sentence handed down in 2011 to activist Tim DeChristopher for his decision to pose as a bidder at a BLM lease sale in Utah in late 2008 and snatch up $1.8 million in leases with no intention of paying for them.

Vaughn Lovejoy of the group Elders Rising was among those who attended this morning’s rally.

“We’d like to see if there’s a way to inspire my generation … to spend this piece of our life doing something for the future rather than hanging out on cruise ships or golf courses,” he said.

Ream said activists will also stage protests at BLM’s upcoming oil and gas lease sales in Reno, Nev., on Dec. 8 and in Washington, D.C., on Dec. 10. “We’re going to keep on hitting every one of these lease sales,” he said.

The American Petroleum Institute has criticized the movement and Merkley’s legislation as a “political stunt,” warning that halting federal sales of fossil fuels would hike energy costs and hurt the federal government’s coffers.

The Mineral Leasing Act requires BLM to hold regular oil and gas auctions.

Kathleen Sgamma, vice president of government and public affairs at the Western Energy Alliance, whose members depend heavily on public lands leasing, said this morning that the Salt Lake City protesters are ignoring how increased production of natural gas has helped the nation transition away from coal that is more harmful to the climate when burned.

“Apparently, BLM is seeking a larger venue to accommodate the expected crowd of protesters whose goal is to disrupt the sale,” she said. “These same professional protesters bragged that they were traveling to other lease sales to try to disrupt them, but they’re on a fool’s errand.”

Sgamma noted that Interior Secretary Sally Jewell has rebuffed the “Keep it in the Ground” movement as unrealistic.

“There are millions of jobs around the country that are dependent on these industries, and you can’t just cut it off overnight,” Jewell said in September during a breakfast organized by The Christian Science Monitor (Greenwire, Sept. 15).

Speed rules didn’t apply to train in ethanol spill

Repost from McClatchyDC
[Editor:  Reporter Curtis Tate of McClatchy DC was honored this week with a National Press Foundation award for his reporting on crude by rail.  The Benicia Independent has reposted many of Tate’s reports, and joins the NPF in honoring him for his many excellent contributions.  – RS]

Speed rules didn’t apply to train in ethanol spill

HIGHLIGHTS
• BNSF train didn’t meet 20-car threshold for lower speeds set by feds
• Minneapolis-Kansas City, Kan., train derailed on Nov. 7 near Alma, Wis.
• 10 notable derailments in North America this year

By Curtis Tate, November 17, 2015
Workers inspect railroad tank cars damaged in a derailment near Alma, Wis., on Nov. 8, 2015.
Workers inspect railroad tank cars damaged in a derailment near Alma, Wis., on Nov. 8, 2015. EPA

WASHINGTON  –  The train that derailed earlier this month in Wisconsin and spilled 20,000 gallons of ethanol into the Mississippi River didn’t have a sufficient number of cars carrying flammable liquids to meet lower federal speed requirements.

The government set the new requirements this year in response to safety concerns about transporting crude oil by rail.

According to railroad shipping documents, the train had 15 tank cars loaded with ethanol, five fewer than would trigger speed restrictions set by federal regulators. Because it didn’t meet that threshold, the train was permitted to operate at 55 mph.

Some lawmakers, environmentalists and community groups have criticized the speed limits in U.S. Department of Transportation’s rules, announced in May, because they only apply to trains that meet the department’s definition of high-hazard flammable trains. The train that derailed on Nov. 7 near Alma, Wis., did not.

Under the new rules, trains with 20 or more tank cars carrying flammable liquids in a continuous block or 35 cars dispersed throughout the train are held to 50 mph. They’re restricted to 40 mph within a 10-mile radius of 46 high-threat urban areas designated by the U.S. Department of Homeland Security.

The Wisconsin train originated in Minneapolis and was bound for Kansas City, Kan., according to shipping documents. Both cities are high-threat urban areas, and BNSF voluntarily set a lower speed limit of 35 mph, compared with the federal government’s 40 mph, in those cities.

Though the train was going 26 mph when it derailed, it met none of the criteria for those lower limits and could have traveled the same speed as a car on most state highways.

Amy McBeth, a BNSF spokeswoman, said the railroad was working with federal officials on the investigation.

There have been 10 notable derailments in North America this year with spills or fires, seven with crude oil and three with ethanol.

Key train speeds

50 mph: Trains carrying 20 or more cars of flammable liquids in a continuous block or 35 dispersed throughout a train.

40 mph: Trains meeting above criteria in 46 high-threat urban areas designated by the Department of Homeland Security.

35 mph: Voluntary speed restriction imposed in those cities by BNSF Railway.

Read more here: http://www.mcclatchydc.com/news/nation-world/national/economy/article45226446.html#storylink=cpy

 

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