Category Archives: Crude By Rail

$200 million settlement money announced for victims of Lac-Mégantic rail disaster

Repost from The Globe and Mail, Toronto
[Editor: Significant quote: “‘The main three bad actors, World Fuels, Canadian Pacific Railway and Irving Oil, aren’t contributing a penny to this settlement. We’re going to keep going after them very hard in American court,’ said Mr. Flowers.”  – RS]

Settlement money announced for victims of Lac-Mégantic rail disaster

Justin Giovannetti, Jan. 09 2015
Smoke rises from tanker cars in downtown Lac-Megantic, Que., on July 6, 2013. THE CANADIAN PRESS/Paul Chiasson
Smoke rises from tanker cars in downtown Lac-Megantic, Que., on July 6, 2013. THE CANADIAN PRESS/Paul Chiasson

The families of those who died in the Lac-Mégantic rail disaster will have access to a $200-million (U.S.) fund, according to details released Friday from the bankruptcy case of the railroad responsible for the 2013 tragedy in eastern Quebec.

The fund still needs to be approved by Canadian and American courts before the first cheques are mailed to the families of the 47 people killed in the crash. A firefighter who died by suicide three months after the disaster was added to the list of victims. Money could flow as soon as this spring.

“The families of the victims need to live with this disaster every day. Those in town have gone into debt to try to get back on our feet and rebuild. If this could let us start over our lives on the right foot, that would be great, but we haven’t seen any money yet,” Yannick Gagné, the owner of the Musi-Café bar where the majority of the victims died, told The Globe on Friday.

Mr. Gagné has rebuilt the Musi-Café, but he’s still awaiting the help he says he was promised in the weeks after the disaster.

Just after 1 a.m. on July 6, 2013, a train carrying 72 cars of crude oil from North Dakota to a refinery in New Brunswick careened while unmanned into the centre of town and derailed. A series of powerful explosions then levelled much of the city’s once picturesque downtown.

The settlement money announced Friday was drawn not only from the liquidation of the Montreal, Maine & Atlantic Railway, the firm at the centre of the derailment, but also from a number of companies that extracted the oil, built the rail cars and leased them to shippers.

According to Peter Flowers, a Chicago-based lawyer involved in a wrongful death lawsuit, talks are continuing about how much of the $200-million will go to the families of victims.

“The money goes to the wrongful death victims – a class-action filed in Canada – those who suffered economic and emotional damages, and to the provincial and federal governments’ environmental claims,” Mr. Flowers said.

Crews are still demolishing buildings in downtown Lac-Mégantic and locals remain jittery about how much compensation they’ll receive. Property owners downtown have received $37-million from the government. But victims of the disaster have so far received nothing from the companies.

While bankruptcy trustee Robert Keach said he is seeking $500-million for the victims’ fund before Monday’s filing deadline, Mr. Flowers said the decision not to pay by three of the largest corporations linked to the disaster was responsible for the shortfall.

“The main three bad actors, World Fuels, Canadian Pacific Railway and Irving Oil, aren’t contributing a penny to this settlement. We’re going to keep going after them very hard in American court,” said Mr. Flowers.

The three companies have so far denied any responsibility for the 2013 disaster.

Benicia Community Forum & Update, January 18, 1-4pm, Benicia Library

ANNOUNCING . . .
Community Forum & Update, Sunday, January 18, 1-4pm, Benicia Library

FacebookStopCrudeByOil_cover(267)Learn more about Valero’s crude by rail project and how it might affect Benicia residents at a Community Informational Forum on Sunday, January 18, 2015, from 1:00 to 4:00 pm at the Benicia Public Library, 150 East L Street, Doña Benicia Room. The Forum is sponsored by Benicians for a Safe and Healthy Community (BSHC), a grassroots organization advocating responsible environmental action and currently working to STOP crude by rail in Benicia.

You’ll hear from guest speakers:

  • Antonia Juhasz, oil and energy analyst, award-winning author and investigative journalist, and
  • Diane Bailey, Senior Scientist in the Health and Environment Program for the Natural Resources Defense Council.

Members of BSHC will also provide an update on our work.

  • Marilyn Bardet will discuss the history and status of the project’s Draft Environmental Impact Report (DEIR).
  • Andrés Soto will discuss the local, regional and cumulative impacts of transporting crude oil by rail. There will be plenty of time for questions, discussion and brainstorming.

For more information about the Community Forum or BSHC, please call (707) 742-3597, or email info@SafeBenicia.  For more information about Valero Crude by Rail check out  SafeBenicia.orgOf course, you can find lots of info here on BeniciaIndependent.org.

The Fight to Stop a Boom in California’s Crude by Rail

Repost from The Huffington Post
[Editor: Our friend here in Benicia, Ed Ruszel, has been featured in numerous online blogs and news outlets in this story by Tara Lohan.  This is an abbreviated version.  The article mistakenly gives a link to The Benicia Independent rather than Benicians for a Safe and Healthy CommunityBSHC can be found at SafeBenicia.org.  – RS]

The Fight to Stop a Boom in California’s Crude by Rail

By Tara Lohan, 01/08/2015

Ed Ruszel’s workday is a soundtrack of whirling, banging, screeching — the percussion of wood being cut, sanded and finished. He’s the facility manager for the family business, Ruszel Woodworks. But one sound each day roars above the cacophony of the woodshop: the blast of the train horn as cars cough down the Union Pacific rail line that runs just a few feet from the front of his shop in an industrial park in Benicia, California.

Most days the train cargo is beer, cars, steel, propane or petroleum coke. But soon, two trains of 50 cars each may pass by every day carrying crude oil to a refinery owned by neighboring Valero Energy, which is hoping to build a new rail terminal at the refinery that would bring 70,000 barrels a day by train — or nearly 3 million gallons.

And it’s a sign of the times.

Crude-by-rail has increased 4,000 percent across the country since 2008 and California is feeling the effects. By 2016 the amount of crude by rail entering the state is expected to increase by a factor of 25. That’s assuming the industry gets its way in creating more crude-by-rail stations at refineries and oil terminals. And that’s no longer looking like a sure thing.

Valero’s proposed project in Benicia is just one of many in the area underway or under consideration. All the projects are now facing public pushback–and not just from individuals in communities, but from a united front spanning hundreds of miles. Benicia sits on the Carquinez Strait in the northeastern reaches of the San Francisco Bay Area. Here, about 20 miles south of Napa’s wine country and 40 miles north of San Francisco, the oil industry may have found a considerable foe.

2015-01-08-16000050785_df993da9dc_z.jpg

Photo by Sarah Craig

A recent boom in “unconventional fuels” has triggered an increase in North American sources in the last few years. This has meant more fracked crude from North Dakota’s Bakken shale and diluted bitumen from Alberta’s tar sands.

Unit trains are becoming a favored way to help move this cargo. These are trains in which the entire cargo — every single car — is one product. And in this case that product happens to be highly flammable.

This is one of the things that has Ed Ruszel concerned. He doesn’t think the tank cars are safe enough to transport crude oil in the advent of a serious derailment. If a derailment occurs on a train and every single car (up to 100 cars long) is carrying volatile crude, the dangers increase exponentially. In 2013, more crude was spilled in train derailments than in the prior three decades combined, and there were four fiery explosions in North America in a year’s span, the worst being the derailment that killed 47 people and incinerated half the downtown in Lac Megantic, Quebec in July 2013.

Public Comments

In Benicia, a Draft Environmental Impact Report (DEIR) regarding the Valero project was released in June 2014 and promptly slammed by everyone from the state’s Attorney General Kamala Harris to the local group Benicians for a Safe and Healthy Community because it left out crucial information and failed to address the full scope of the project.

One of the biggest omissions in Valero’s DEIR was Union Pacific not being named as an official partner in the project. With the trains arriving via its rail lines, all logistics will come down to the railroad. Not only that, but the federal power granted to railroad companies preempts local and regional authority.This preemption is one of the biggest hurdles for communities that don’t want to see crude-by-rail come through their neighborhoods or want better safeguards.

The DEIR also doesn’t identify exactly what kind of North American crude would be arriving and from where. Different kinds of crude have different health and safety risks. Diluted bitumen can be nearly impossible to clean up in the event of a spill and Bakken crude has proved more explosive than other crude because of its chemical composition. It’s likely that some of the crude coming to Valero’s refinery would be from either or both sources.

Public comments on the DEIR closed on Sept. 15, and now all eyes are on the planning department to see what happens next in Benicia.

But the Valero project is just the tip of the iceberg in California.

In nearby Pittsburgh, 20 miles east of Benicia, residents pushed back against plans from WestPac Energy. The company had planned to lease land from BNSF Railway and build a new terminal to bring in a 100-car unit train of crude each day. The project is currently stalled.

But Phillips 66 has plans for a new rail unloading facility at a refinery in Nipomo, 200 miles south of the Bay Area in San Luis Obispo County, that would bring in five unit trains of crude a week, with 50,000 barrels per train.

Further south in Kern County in the heart of oil country, Plains All American just opened a crude by rail terminal that is permitted for a 100-car unit train each day. Another nearby project, Alon USA, received permission from the county for twice as much but is being challenged by lawsuits from environmental groups.

Closer to home, unit trains of Bakken crude are already arriving to a rail terminal owned by Kinder Morgan in Richmond. Kinder Morgan had been transporting ethanol, but the Bay Area Air Quality Management District allowed Kinder Morgan to offload unit trains of Bakken crude into tanker trucks.

2015-01-08-15812706088_224545d0cb_z.jpg

Photo by Sarah Craig

With all this crude-by-rail activity, some big picture thinking would be helpful. As Attorney General Kamala Harris wrote about the Benicia project, “There’s no consideration of cumulative impacts that could affect public safety and the environment by the proliferation of crude-by-rail projects proposed in California.”

A longer version of this story appeared on Faces of Fracking.

La Crosse Emergency Management reflects on training exercise

Repost from WXOW News19, La Crosse, Wisconsin
[Editor: At least the local officials in La Crosse didn’t issue the usual dum-de-dum-we-are-all-so-safe review like the ones following an event here in Benicia.  See  the Benicia Herald’s two part series on last October’s emergency training at Valero (click HERE and HERE), and my own view on our local heros’ dilemma.  Apologies for the commercial ad in the video.  – RS]

La Crosse Emergency Management reflects on training exercise

By Ginna Roe, Jan 06, 2015 

La Crosse, WI (WXOW) – La Crosse Emergency Management is reflecting on a training exercise they completed in October.

The goal was to develop response in the event of a crude oil spill.

The hypothetical scenario, a Burlington Northern Santa Fe train derailment carrying 150 thousand gallons of Bakken crude oil dumping directly into the Mississippi.

The 3-day simulation included rehabilitation drills for wildlife covered in oil along with communication drills for emergency responders.

Part of the goal was to learn more about the nature of crude oil and damage it can cause.

The take-away after the exercise was that emergency responders still have a lot of work to be prepared for a catastrophic spill.

“No community is every really going to be fully prepared for a massive catastrophic train derailment with a million gallons of crude oil spilling or igniting or getting into the sewers and streams, you just can’t be. But there are things that you can be doing to get yourself better prepared to take care of people and get them out of harms way,” Keith Butler, Emergency Management Coordinator said.

Butler said still have a long way but emergency training is constantly improving.

The next exercise drill will focus on evacuation plans.

Th biggest issue, he said, is communicating across the river.