Tag Archives: Federal Regulation (U.S.)

New investigative report on neglect of rail bridges

Repost from Forest Ethics

New Investigative Report Documents Threat from Oil Trains on Nation’s Neglected Rail Infrastructure

Investigative Report: DEADLY CROSSING: Neglected Bridges & Exploding Oil Trains

With a 5,000% increase in oil train traffic, Waterkeepers across the U.S. identify significant areas of concern with 114 railway bridges along known and potential routes of explosive oil trains

Tina Posterli, and Eddie Scher, Tuesday Nov 10, 2015

Waterkeeper Alliance, ForestEthics, Riverkeeper and a national network of Waterkeeper organizations released a new investigative report today called DEADLY CROSSING: Neglected Bridges & Exploding Oil Trains exploring the condition of our nation’s rail infrastructure and how it is being stressed by oil train traffic. From July to September 2015, Waterkeepers from across the country documented potential deficiencies of 250 railway bridges in 15 states along known and potential routes of explosive oil trains, capturing the state of this often neglected infrastructure in their communities.

The Waterkeepers identified areas of serious concern on 114 bridges, nearly half of those observed. Photos and video footage of the bridges inspected show signs of significant stress and decay, such as rotted, cracked, or crumbling foundations, and loose or broken beams. Waterkeepers were also present when crude oil trains passed and observed flexing, slumping and vibrations that crumbled concrete.

“Waterkeepers boarded their patrol boats to uncover what is happening to the structural integrity of our nation’s railway bridges, a responsibility our federal government has shirked,” said Marc Yaggi, executive director of Waterkeeper Alliance. “People deserve to know the state of this infrastructure and the risks oil trains pose as they rumble through our communities.”

This effort was initiated out of concern for the threat posed by the 5,000 percent increase in oil train traffic since 2008. Oil train traffic increases both the strain in rail infrastructure, as well as the likelihood of a rail bridge defect leading to an oil train derailment, spill, explosion and fire.

“Half the bridges we looked at have potentially serious safety problems,” says Matt Krogh, ForestEthics extreme oil campaign director. “There are 100,000 rail bridges in the U.S. – any one of them could be the next deadly crossing. Oil trains are rolling over crumbling bridges and we can’t wait for the next derailment, spill, and explosion to act.”

A review of rail bridge safety standards revealed that the federal government cedes authority and oversight of inspections and repairs to railway bridge owners. Overly broad federal law, lax regulations, and dangerously inadequate inspections and oversight compound the threat from oil trains. The 2008 federal law and subsequent Department of Transportation standards regulating rail bridge safety leaves responsibility for determining load limits, safety inspections, and maintenance with rail bridge owners.

“Do truckers get to inspect their own trucks? Do you get to inspect your own car? Of course not. So it’s insane, and completely unacceptable, that the rail industry gets to inspect its own infrastructure while moving cargo that is of such enormous risk to American citizens and the environment,” said Riverkeeper Boat Captain John Lipscomb.

Oil trains directly threaten the life and safety of 25 million Americans living inside the 1 mile evacuation blast zone in the case of an oil train fire, and the drinking water supplies for tens of millions more, says the report. The groups are calling for the federal government and rail industry to immediately inspect all rail bridges, share safety information with emergency responders and the public, and stop oil train traffic on any bridge with known safety problems.

Read Deadly Crossing.

Obama Rejects Keystone XL Pipeline in Key Win for Climate, Wildlife

Repost from the New York Times

Obama Rejects Construction of Keystone XL Oil Pipeline

By Coral Davenport, Nov. 6, 2015


WASHINGTON — President Obama on Friday announced that he had rejected the request from a Canadian company to build the Keystone XL oil pipeline, ending a seven-year review that had become a flash point in the debate over his climate policies.

Mr. Obama’s denial of the proposed 1,179-mile pipeline, which would have carried 800,000 barrels a day of carbon-heavy petroleum from the Canadian oil sands to the Gulf Coast, comes as he is seeking to build an ambitious legacy onclimate change.

“The pipeline would not make a meaningful long-term contribution to our economy,’’ the president said in remarks from the White House.

The move was made ahead of a major United Nations summit meeting on climate change in Paris in December, when Mr. Obama hopes to help broker a historic agreement committing the world’s nations to enacting new policies to counter global warming. While the rejection of the pipeline is largely symbolic, Mr. Obama has sought to telegraph to other world leaders that the United States is serious about acting on climate change.

The once-obscure Keystone project became a political symbol amid broader clashes over energy, climate change and the economy. The rejection of a single oil infrastructure project will have little impact on efforts to reduce greenhouse gas pollution, but the pipeline plan gained an outsize profile after environmental activists spent four years marching and rallying against it in front of the White House and across the country.

The rejection of the pipeline is one of several actions Mr. Obama has taken as he intensifies his push on climate change in his last year in office. In August, he announced his most significant climate policy, a set of aggressive new regulations to cut emissions of planet-warming carbon pollution from the nation’s power plants.

Republicans and the oil industry had demanded that the president approve the pipeline, which they said would create jobs and stimulate economic growth. Many Democrats, particularly those in oil-producing states like North Dakota, also supported the project. In February, congressional Democrats joined with Republicans in sending Mr. Obama a bill to speed approval of the project, but the president vetoed the measure.

Both sides saw the Keystone rejection as a major symbolic step, a sign that the president was willing to risk angering a bipartisan majority of lawmakers in the pursuit of his environmental agenda. And both supporters and critics of Mr. Obama saw the surprisingly powerful influence of environmental activists in the decision.

“Once the grass-roots movement on the Keystone pipeline mobilized, it changed what it meant to the president,” said Douglas G. Brinkley, a historian at Rice University who writes about presidential environmental legacies. “It went from a routine infrastructure project to the symbol of an era.”

Activists protested against the proposed Keystone pipeline outside the White House in January. Credit Doug Mills/The New York Times

Environmental activists cheered the decision as a vindication of their influence. They had sought to block construction of the pipeline because it would have provided a conduit for petroleum extracted from the Canadian oil sands. The process of extracting that oil produces about 17 percent more planet-warming greenhouse gases than the process of extracting conventional oil.

But numerous State Department reviews concluded that construction of the pipeline would have little impact on whether that type of oil was burned, because it was already being extracted and moving to market via rail and existing pipelines.

“From a market perspective, the industry can find a different way to move that oil,” said Christine Tezak, an energy market analyst at ClearView Energy Partners, a Washington firm. “How long it takes is just a result of oil prices. If prices go up, companies will get the oil out.”

However, a State Department review also found that demand for the oil sands fuel would drop if oil prices fell below $65 a barrel, since moving oil by rail is more expensive than using a pipeline. An Environmental Protection Agency review of the project this year noted that under such circumstances, construction of the pipeline could be seen as contributing to emissions, since companies might be less likely to move the oil via expensive rail when oil prices are low — but would be more likely to move it cheaply via the pipeline. The price of oil has plummeted this year, hovering at less than $50 a barrel.

The recent election of a new Canadian prime minister, Justin Trudeau, may also have influenced Mr. Obama’s decision. Mr. Trudeau’s predecessor, Stephen Harper, had pushed the issue as a top priority in the relationship between the United States and Canada, personally urging Mr. Obama to approve the project. Blocking the project during the Harper administration would have bruised ties with a crucial ally. While Mr. Trudeau also supports construction of the Keystone pipeline, he has not made the issue central to Canada’s relationship with the United States, and has criticized Mr. Harper for presenting Canada’s position as an ultimatum, while not taking substantial action on climate change related to the oil sands.

Mr. Trudeau did not raise the issue during his first post-election conversation with Mr. Obama..

The construction would have had little impact on the nation’s economy. A State Department analysis concluded that building the pipeline would have created jobs, but the total number represented less than one-tenth of 1 percent of the nation’s total employment. The analysis estimated that Keystone would support 42,000 temporary jobs over its two-year construction period — about 3,900 of them in construction and the rest in indirect support jobs, like food service. The department estimated that the project would create about 35 permanent jobs.

Republicans and the oil industry criticized Mr. Obama for what they have long said was his acquiescence to the pressure of activists and environmentally minded political donors.

Michael Whatley, the vice president of Consumer Energy Alliance, a group that lobbies for the fossil fuel industry, released a statement Friday expressing disappointment in Mr. Obama’s decision.

He has thumbed his nose at more than two thirds of Americans who support reducing energy imports from unfriendly nations; who support job creation; who support friendly relations with our Canadian neighbors; who support regulatory decisions based on science, not politics; and who support big ideas and big achievements.

“This decision clearly flies in the face of volumes of scientific evidence that shows the Keystone XL pipeline would be safe, enhance environmental standards, and be a more cost-effective alternative to importing oil from overseas.”

Senator John Barrasso of Wyoming, the chairman of the Senate Republican Policy Committee, said: “It’s a bellwether decision by the president. I think the president made his decision to side with special interests, and that’s the way I see him going for the final two years.”

U.S. Senators introduce “Keep It In the Ground Act”

Repost from the Independent Journal

Bernie Sanders Announces Plan to Strangle the Booming Fossil Fuel Industry in America

By Michael Hausam, November 5, 2015
Democratic presidential candidate Sen. Bernie Sanders, center, and Sen. Jeff Merkley (l) announce new climate legislation, Nov. 4, 2015, during a news conference on Capitol Hill in Washington. (Photo: AP)

The just-introduced “Keep It In the Ground Act,” co-sponsored by Bernie Sanders, would halt new oil and gas exploration on federal lands and offshore waters. It also would terminate any existing leases that aren’t currently producing.

The bill is also sponsored by Senators Barbara Boxer (D-CA), Ben Cardin (D-MD), Kirstin Gillibrand (D-NY), Patrick Leahy (D-VT), and Elizabeth Warren (D-MA).

In an announcement at the Capitol in D.C., Sanders said that the end result of the legislation would be to make sure that:

“over 90 percent of the potential carbon emissions from oil, gas and coal on our federal lands and federal waters (would stay) underground forever.”

The motivation for the bill is to combat climate change. In Sanders’ statement at the rally, he took a shot at his Republican opponents, whom he characterized as deniers:

“But somehow — somehow! — when it comes to climate change there are massive attacks on scientists who tell us the truth about climate change. Worry less about your campaign contributions, worry more about your children and grandchildren. The debate is over.”

Of course, this bill only addresses the supply side of fossil fuels and does nothing about addressing the demand for oil and gas – other than via necessarily driving up the costs of gasoline, electricity, and others that depend on their availability.

Stopping the availability of using federal lands for fossil fuels is a key priority for the anti-fossil fuels movement.

With roughly half of the remaining unexploited fossil fuels in the U.S. being on those lands, according to Grist, the jobs and fuels from this battle will make a huge difference for groups warning about global warming, as well as people who care about cheap fuel for economic growth and prosperity.

 

Railroad lobbyists winning again, in FRA rulemaking

From an email from Dr. Fred Millar
[Editor:  Millar refers here to an excellent series of articles in the Washington Post, “Deadline for train safety technology undercut by industry lobbying“, “Rail-safety deadline extension hitched to must-pass bill on transit funding” and “Senate passes transportation funding stopgap bill and rail-safety extension“.  Dr. Fred Millar is a policy analyst, researcher, educator, and consultant with more than three decades of experience assessing the risks associated with transporting hazardous materials.  – RS]

Railroad lobbyists winning again, in FRA rulemaking

By Fred Millar, October 28, 2015

This week’s excellent Washington Post reports by reporters Halsey and Laris outlined US railroad lobbyists’ ability to secure a three-year delay in implementing the key railroad safety equipment demanded on the original 2015 deadline by Congress in the Rail Safety Act of 2008.  There is a parallel and highly related story, so far unwritten, on how the railroads and allied interests relentlessly gain even more decisive and long-lasting ways to advantage profits over safety.

Even when Congress roused itself to demand more safety as in the 2008 RSIA, the seemingly permanent Reaganite legacy of “starving the beast” of government regulatory agencies grinds on to render the regulations pitifully weak.  Now the timid and under-staffed Federal Railroad Administration is quietly piddling away the once-in-a-generation opportunity from the 2008 law to impose a significant modern safety improvement regime [already seen in many industries] on the mighty railroads.

The public and Congressional alarm at several high-profile fatal rail disasters that led to the 2008 Rail Safety Improvement Act prompted Congress to include a strong mandate on the Federal Railroad Administration to impose a 20th Century type of Risk Reduction Program regime on the railroads.

This surprising loss by railroad lobbyists in Congress – although they secured some weakening amendments – led to strenuous railroad efforts to prevent the FRA from crafting any strong regulations.  The out-gunned FRA effectively suffered a regulatory failure of nerve, and buried the rulemaking process out of sight for four years, gaining only a weak-tea and partial consensus from railroads and rail labor in FRA’s own ad hoc Working Group of industry insiders.  A couple of ill-attended public hearings drew no public attention.

The resulting proposed rule in 2015 had two major safety-weakening features: first, it gave the railroads a new secrecy pot to hide railroads’ own safety risk information from discovery in court proceedings on railroad negligence.  Trial lawyers, citizens and some officials alarmed about the appalling secrecy already granted to railroads, for example in their decisions to route ultra-hazardous crude oil trains through major cities, filed comments opposing this new secrecy grant.

More importantly, FRA proposed to impose on the railroads only “a streamlined version” of a modern Risk Reduction Program regime.  The comprehensive and robust one mandated by Congress would have required significant new efforts by FRA to approve and oversee railroads’ Risk Reduction Programs, and to ensure compliance.  FRA staffers no doubt felt they were not up to that task, so punted the responsibilities —  to each covered railroad to create its own safety regimes and to decide how to measure their own effectiveness, with no federal guidance.

As FRA then-Administrator Joseph Szabo declared shortly after the Lac-Mḗgantic Quebec crude oil train disaster killed 47 in July 2013,  “The movement of this product is a game changer,” [referring to] the sharp rise in trainloads of volatile crude oil from North Dakota and other places. “We have to rethink everything we’ve done and known in the past about safety.” 

Undermining the most significant Congressional rail safety mandates we may ever see is hardly the new beginning we need.