Tag Archives: Fire

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.

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.

North Dakota Town Moving Forward After Oil Train Derailment, Explosion

Repost from KFYR-TV, Bismarck, ND

Heimdal Residents Move Forward After Oil Train Derailments

By Megan Mitchell, Nov 03, 2015 9:55 AM

Six months ago Heimdal, N.D., made headlines for a oil train derailments. The accident forced the evacuation of the entire town. The National Transportation Safety Board (NTSB) continues to investigation the incident and is focusing on wheel fragments recovered at the scene.

No cause for the crash has been identified at this point.

The NTSB has sent the evidence the collected to a metallurgy testing lab in Washington, D.C. Metallurgists specialize in the physical and chemical behavior of metals. Their examination could take another year to complete. In the meantime, residents of Heimdal have returned to their homes and routines.

Sparky is an affectionate 9-year-old border collie cross. His friendly disposition is second only to the loyalty he has for his owners Arden and Linda Georgensen.

Arden Georgensen is a resident of Heimdal and says the dog never leaves his wife’s side.

“If I can’t find her in the yard I can find the dog. He’s always with her,” Arden said.

On May 6, 2015 neither Linda or Arden could find Sparky when they were forced to evacuate their home without their beloved dog.

“I saw this big plume I thought it was a tornado the way it looked because it was swirling,” Arden said.

An oil train derailed just half a mile from their farm, spewing 60,000 gallons of Bakken crude. That’s when firefighters came knocking.

“They said you need to get out right now ’cause if those tanks explode it’s hard to say what’ll happen out here,” Arden said.

It was a long night wondering whether Sparky would be there when they returned.

Linda went back the next morning and was overjoyed.

“It was a good feeling to see him laying there ’cause when we got home here he was by the door like usual,” Linda said.

Oil production in the Bakken has drastically declined, but tanker trains continue to roll through Heimdal every day. Despite what happened there, residents say they’re not overly concerned when they hear an engine whistle sound.

Curt Benson saw the oil train derail and was the first person to contact emergency management.

“It’s still a concern, but yeah, if you’re only getting five trains a day instead of 20 trains a day sure it’s a little less of a concern,” Benson said.

Other residents aren’t sidetracked by worry.

“You just have that risk. There’s a certain amount of risk just being alive,” Bill Ongstad said.

BNSF is still cleaning up the site, but it appears the landscape around Heimdal is almost restored.

“I have to say they did a pretty bang up job. I think seeing all of them come out here with all the equipment and the time they put in, it certainly makes you feel confident that they probably did a good job,” Benson said.

The 22 residents of Heimdal and Sparky are living in the moment and moving on.

The NTSB said the wheel fragments from the accident were sent to those metallurgy labs two and a half weeks ago.

The agency says they look at everything associated with this accident and no conclusions have been drawn.

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CREDO Action generates over 1,800 letters opposing Valero Crude by Rail

Repost from CREDO Action
[Editor:  The following call to action arrived in thousands of email inboxes on October 27, 2015.  The response was huge – so far over 1800 CREDO-generated letters have been sent to the City of Benicia (in the first 24 hours).   The link here will take you to the CREDO Action page.  Letters deadline is 5pm on Friday, October 30, 2015.  – RS]

Tell the Benicia City Council: Block Valero’s dangerous oil trains terminal

Tell the Benicia City Council: Block Valero's dangerous oil trains terminal.

Oil giant Valero is trying to build a massive oil trains terminal at its refinery in Benicia.

Two 50-car oil trains per day would carry toxic fracked oil and tar sands across California to the refinery, passing through Roseville, Sacramento, Davis, Fairfield and other cities before reaching their destination in Benicia.¹

If approved by the Benicia City Council, the terminal would exacerbate local air pollution in Benicia and in communities along the rail route, expose those communities to the catastrophic danger of an oil train derailment and explosion, and fuel the climate crisis by encouraging fracking and tar sands extraction.

The Benicia City Council is accepting public comments on the project until 5pm on Friday, October 30, 2015. Local opposition has already delayed the project once – we need to speak out right now and demand that the city council block Valero’s dangerous oil terminal.²

Tell the Benicia City Council: Block Valero’s dangerous oil trains terminal. Submit a public comment directly to the city council.

The number of crude by rail accidents in recent years has skyrocketed. In addition to the deadly oil train explosion in Lac-Mégantic, Québec in July 2013, which killed 47 people, there have been nine major oil train explosions in the United States since the start of 2013.

In addition to the threat of deadly train derailments and explosions, Valero’s plan would worsen air quality for communities all along the rail line. In Benicia, shipping more fracked oil and tar sands to Valero’s refinery would only increase toxic refinery pollution. Further, oil trains leak dangerous chemicals, creating a toxic plume around rail lines up and down the rail route.³

With no end in sight to the record drought threatening California, there is simply no excuse for green-lighting any fossil fuel infrastructure project that will encourage the extraction of more dirty fracked oil and tar sands and exacerbating climate change.

Valero will get its way if we remain silent. Submit a public comment urging the Benicia City Council to reject Valero’s crude by rail project.

¹ Jaxon Van Derbeken, “Benicia sees cash in crude oil; neighbors see catastrophe,” San Francisco Chronicle, October 24, 2014
² Tony Bizjak, “Benicia plans more study of crude-oil train impacts,” Sacramento Bee, February 3, 2015
³ Diane Bailey, “Valero’s Promise to Benicia: We’ll only have an environmental disaster once every 111 years,” NRDC Switchboard, September 17, 2014

Send an email.

Tell the Benicia City Council:

Valero’s outrageous proposal to build an oil trains terminal at its refinery in Benicia threatens the health and safety of people all along the rail route.

If approved by the Benicia City Council, the terminal would exacerbate local air pollution in Benicia and in communities along the rail route, expose those communities to the catastrophic danger of an oil train derailment and explosion, and fuel the climate crisis by encouraging fracking and tar sands extraction.

I urge the Planning Commission and the City Council to reject Valero’s dangerous plan.

Click here to send this email.

Tell the Benicia City Council: Block Valero's dangerous oil trains terminal.

Oil giant Valero is trying to build a massive oil trains terminal at its refinery in Benicia.

Two 50-car oil trains per day would carry toxic fracked oil and tar sands across California to the refinery, passing through Roseville, Sacramento, Davis, Fairfield and other cities before reaching their destination in Benicia.¹

If approved by the Benicia City Council, the terminal would exacerbate local air pollution in Benicia and in communities along the rail route, expose those communities to the catastrophic danger of an oil train derailment and explosion, and fuel the climate crisis by encouraging fracking and tar sands extraction.

The Benicia City Council is accepting public comments on the project until Friday. Local opposition has already delayed the project once – we need to speak out right now and demand that the city council block Valero’s dangerous oil terminal.²

Tell the Benicia City Council: Block Valero’s dangerous oil trains terminal. Submit a public comment directly to the city council.

The number of crude by rail accidents in recent years has skyrocketed. In addition to the deadly oil train explosion in Lac-Mégantic, Québec in July 2013, which killed 47 people, there have been nine major oil train explosions in the United States since the start of 2013.

In addition to the threat of deadly train derailments and explosions, Valero’s plan would worsen air quality for communities all along the rail line. In Benicia, shipping more fracked oil and tar sands to Valero’s refinery would only increase toxic refinery pollution. Further, oil trains leak dangerous chemicals, creating a toxic plume around rail lines up and down the rail route.³

With no end in sight to the record drought threatening California, there is simply no excuse for green-lighting any fossil fuel infrastructure project that will encourage the extraction of more dirty fracked oil and tar sands and exacerbating climate change.

Valero will get its way if we remain silent. Submit a public comment urging the Benicia City Council to reject Valero’s crude by rail project.

¹ Jaxon Van Derbeken, “Benicia sees cash in crude oil; neighbors see catastrophe,” San Francisco Chronicle, October 24, 2014
² Tony Bizjak, “Benicia plans more study of crude-oil train impacts,” Sacramento Bee, February 3, 2015
³ Diane Bailey, “Valero’s Promise to Benicia: We’ll only have an environmental disaster once every 111 years,” NRDC Switchboard, September 17, 2014