Category Archives: Public Health

Riverkeeper sues U.S. DOT over oil train safety rules

Repost from The Times Union, State College, PA
[Editor: Note that this is a new filing, closely following the filing of May 14 by a coalition of environmental groups.  – RS]

Riverkeeper sues U.S. DOT over oil train safety rules

By Brian Nearing, May 18, 2015

The Hudson River environmental advocacy group Riverkeeper is challenging new U.S. Department of Transportation crude-by-rail standards in federal court, saying that they fail to protect the public and the environment from proven threats, according to a statement issued Monday.

The release states: Riverkeeper filed its lawsuit in the 2nd Circuit Court of Appeals in New York City on May 15, a little more than a week after the DOT issued a final tank car and railroad operation rule which had been the subject of scrutiny and controversy since its proposal in 2014. The suit closely follows another filed in the 9th Circuit Court of Appeals by a coalition of conservation and citizen groups that includes Earthjustice, Waterkeeper Alliance, ForestEthics and the Sierra Club.

The Hudson River and the Greater New York/New Jersey region, a thoroughfare for up to 25 percent of all crude shipments originating in the Bakken shale oil region, faces a daily risk of spills and explosions that could devastate communities, local economies, drinking water security, and the environment.

“These seriously flawed standards all but guarantee that there will be more explosive derailments, leaving people and the environment at grave risk,” Riverkeeper President Paul Gallay said. “The shortcomings are numerous, including an inadequate speed limit, unprotective tank car design, and time line that would allow these dangerous tank cars 10 more years on the rails. The DOT completely fails to recognize that we’re in the middle of a crisis – we don’t need bureaucratic half measures that are years away from implementation, we need common-sense protections today.”

Just this month, tank cars laden with crude oil derailed and exploded in Heimdal, North Dakota. Under the new DOT standards, the same type of cars that exploded in that disaster could stay in service hauling volatile crude oil for another five to eight years, or even indefinitely if they are used for tar sands.

Over the past several years, a series of fiery derailments, toxic spills, and explosions involving volatile crude and ethanol rail transport has caused billions in damages across North America. Crude-by-rail accidents threaten irreversible damage to waterways, many of which, like the Hudson River, serve as the source of drinking water for tens of thousands of people. This year alone,six oil-by-rail shipments have caught fire and exploded in North America. In July 2013, a derailment in Lac-Mégantic, Quebec, killed 47 people. The total liabilities for that rail disaster could easily reach $2.7 billion over the next decade.

Here are some of the ways the new safety standards fail to protect people and the environment:

• Hazardous cars carrying volatile crude oil can remain in service for up to 10 years.

• The rule rolls back public notification requirements, leaving communities and first responders in the dark about explosive crude oil tank cars rumbling through their towns.

• While new tank cars will require thicker shells to mitigate punctures and leaks, retrofit tank cars will be allowed to stay in use with a less protective design standard.

• Speed limits have been restricted only for “high threat urban areas,” but only two areas in New York have received that designation, Buffalo and New York City.

• The “high threat” category relates to cities seen as vulnerable to terrorist attacks by the Department of Homeland Security. It is unrelated to actual risks posed by crude-by-rail.

300 doctors call for denial of oil terminal permits

Press Release from Physicians For Social Responsibility

Health Professionals Call for Denial of Oil-By-Rail Terminal Permits in Oregon and Washington

By Regna Merritt, May 11, 2015
For Immediate Release

Contacts:

  • Laura Skelton, Executive Director WA Physicians for Social Responsibility, Laura@wpsr.org o: 206.547.2630
  • Regna Merritt, Campaign Director, OR Physicians for Social Responsibility, Regna@oregonpsr.org c: 971.235.7643
  • Mark Glyde, Resource Media, Mark@resource-media.org c: 206.227.4346
  • Bruce Amundson, MD, President, WA Physicians for Social Responsibility, jobrucebaa@frontier.com h: 206.542.5690

Seattle, WA – Nearly 300 doctors, nurses and other health professionals today called on Washington Governor Jay Inslee and Oregon Governor Kate Brown to deny permits for proposed new and expanded oil-by-rail facilities. The position statement based on peer-reviewed medical literature examines a broad range of public health and safety risks including air and water pollution, oil spills and clean-up, delayed emergency response, and storage tank fires and explosions. The statement to the Governors has been signed by 289 health professionals so far.

“There is simply no way that the health and safety of residents of these communities can be assured, given the number of dangerous oil trains heading our way and the scale of these massive storage and shipping facilities so close to residential areas,” said Bruce Amundson, a family physician and President of Washington Physicians for Social Responsibility (PSR).

If all the proposed new and expanded oil terminals were built, the Northwest could see an increase in oil train traffic coming into the region from current levels of about 19 per week to more than 130 trains per week. Up to 1.5 miles long each, oil trains can block street crossings for 10 minutes or more.

“In trauma care, outcomes drastically worsen for seriously injured patients who need an emergency operation and don’t receive treatment within the ‘golden hour,’ said Pat O’Herron, MD, who practices acute care surgery in Salem, Oregon. “Ten minutes can cost lives or save lives.”

Oil trains are also a significant source of air pollution. Diesel pollution is linked to increased cancer rates particularly in the lung and breast, heart attack and stroke, and contributes 78% of the risk for cancer in airborne toxics in the Puget Sound area. In children, diesel pollution is linked to higher rates of neurodevelopmental disorders, impaired lung development, and increased frequency and severity of asthma.

“The expected surge in oil train traffic will add to already high levels of airborne toxin exposure experienced by many communities along rail lines,” said Mark Vossler, a cardiologist and Chairman of the Department of Medicine at Evergreen Hospital in Kirkland, WA.

The position statement also looks in-depth at the health impacts of water contamination from oil spills. Crude oil is a complex mixture of thousands of chemical compounds, many of them harmful to human health. Often overlooked is the toxicity of oil dispersants used to clean up spills.

“We have a history of oil spills in our Northwest waters and every day brings the risk of another one,” said Mary Margaret Thomas, a registered nurse who assisted with the clean-up of the BP Deepwater Horizon spill. “I saw first-hand the grave effects of oil dispersants including nausea and vomiting, seizures and memory loss, undiagnosed skin rashes and lesions, and hormonal changes.”

Many ingredients in oil dispersant products listed by the U.S. Environmental Protection Agency are known or suspected toxins which can affect every organ system of the human body.

Findings of the 2014 Marine and Rail Oil Transportation Study from the WA State Dept. of Ecology reflect an overall lack of adequate training, resources, design and regulatory oversight to properly respond to an oil spill given current terminal proposals.

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Rail Safety bill passes off California Senate Floor with bipartisan support

Press Release from California Senator Lois Wolk

Rail Safety bill passes off Senate Floor with bipartisan support

Bill requires minimum two–person train crews

5/11/2015 12:21 PM

SACRAMENTO—Legislation by Senator Lois Wolk (D-Davis) to protect communities along rail lines by requiring trains and light engines carrying freight within California to be operated with an adequate crew size for public safety reasons secured passage from the Senate last Thursday on a bipartisan 23-11 vote.

“Today’s freight trains carry extremely dangerous materials, including Bakken crude oil, ethanol, anhydrous ammonia, liquefied petroleum gas, and acids that may pose significant health and safety risks to communities and our environment in the case of an accident,” said Wolk. “With more than 5,000 miles of railroad track that crisscrosses the state through wilderness and urban areas, the potential for derailment or other accidents containing these materials is an ever present danger.”

SB 730 prohibits a freight train or light engine in California from being operated unless it has a crew consisting of at least 2 individuals.   It also authorizes the California Public Utilities Commission to assess civil penalties, at its discretion, against anyone who willfully violates this prohibition.

The California Public Utilities Commission supports SB 730, stating that requiring two-person crews is a straightforward way of ensuring two qualified crew members continue to operate freight trains in California.  According to the Commission, of all the industries subject to their oversight — energy, water, telecommunications, and transportation –rail accidents result in the greatest number of fatalities each year.

“Senator Wolk’s legislation helps keep us at the forefront of rail safety, ” said Paul King, Deputy Director of the Office of Rail Safety for the California Public Utilities Commission. “Senator Wolk’s bill would ensure that freight trains continue to have the safety redundancy that a second person provides. Such redundancy is a fundamental safety principle that is evidenced in certain industries, such as using two pilots in an airplane cockpit, or requiring back-up cooling systems for nuclear reactors.”

SB 730 will be heard next in the Assembly sometime in June.

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Whistleblowing Alberta oil sands doctor fired abruptly

Repost from the National Observer, Vancouver BC

Whistleblowing Alberta oil sands doctor fired abruptly

By Warren Bell in Opinion | May 11th 2015
Photo by Andrew S. Wright of Dr. John O’Connor in Ft. McKay medical centre

My friend and colleague Dr. John O’Connor has just been fired, without cause, and without advance notice.

After 15 years of committed service, his termination came on May 8 without the slightest warning.

“Please be advised that Nunee Health Board Society no longer requires your professional services to provide any patient consultation or on-call services to the staff at the Fort Chipewyan Health Center.”

And just in case that wasn’t hard-edged enough:

“In addition, you have no authority to speak to or represent the Nunee Health Board Society in any way to any other individual, party or entity (sic)”

So hastily was this letter of dismissal sent to Dr. John O’Connor, on-call family physician for the 1200 citizens of the remote community of Fort Chipewyan, that there was no date on the top of the letter, and not even a period at the end of one of the sentences.

Even more peculiar – and suggestive of behind-the-scene machinations – the letter carelessly contained a request that he submit invoices by April 30 for services not already compensated.

The letter, from Roxanne Marcel, chairperson of the Nunee Health Board Society, came as an attachment to one-line email sent to him last Friday by Caroline Adam, health director of the same body. O’Connor said neither has responded to his repeated attempts to contact them.

A few hours before he was fired, Dr. O’Connor said he had spoken to two medical colleagues associated with the community, who made no mention of any plans to replace him. Shortly after, he received the notice of termination.

Then he received an email thread indicating that plans to replace him had already been established, prior to his conversation with his two colleagues.

This extraordinary sequence of events has all the hallmarks of a politically motivated drama.

That’s because John O’Connor is no ordinary family physician. Twelve years ago, he diagnosed an unusual number of cancers of the bile duct in the tiny northern hamlet of Fort Chipewyan, located downstream of the oil sands. The condition is familiar to Dr. O’Connor because his own father died from this same illness in 1993.

He also noted higher-than-average rates of other kinds of diseases, as well as persistent reports from local hunters and fishermen of unpleasant changes in the wildlife in the region – such as dead and disappearing muskrat, and fishes with strange deformities. He wondered if these circumstances had to do with the pollution from the oil sands companies.

In 2006, the CBC reporter contacted O’Connor, who said publicly, for the first time, that he felt there was a looming public health issue in the region.

Dr. John O’Connor’s data was challenged by Health Canada and public health officials in Alberta, and he was threatened with loss of his license because he had raised “undue alarm”.

Eventually he was cleared of all charges and complaints, but the process, which took several years to resolve, changed him forever.

Last year he told Desmog Canada that he emerged a “much tougher person.”

Nothing, however, prepared this family physician for what happened a couple of days ago.

“I am at a huge loss to explain this,” he said. “I feel like I’ve lost a family member.”

The timing of his abrupt dismissal is curious. About three weeks ago, renowned physician Dr. Esther Tailfeathers, who had been spending a week every month in Fort Chipewyan for the last three years, suddenly ended her service, without explaining why to the staff at the nursing station where she worked.

In a long article published in the Edmonton Journal on March 29, she had commented that “it is really difficult to keep nurses in the community and it is certainly hard to recruit physicians.

Dr. Tailfeathers was loved and respected in the community. The nurse in charge of the health clinic called her “really amazing”. Her departure was just as mysterious as the abrupt dismissal of Dr. O’Connor.

John O’Connor has been supplying on-call services, 24/7, for 15 years. He has answered calls while traveling in other countries, from holiday locations, and even from the shower, walking nursing and paramedic staff in Fort Chipewyan through challenging medical emergencies whenever they occurred. On a number of occasions over the years, he offered to reduce his fees if the Nunee Health Board Society was having trouble meeting them. In fact, reduced his invoice for August 2014 to February 2015 by 50 per cent at the request of Caroline Adam, the person who sent him the one-line email on May 8.

That a respected First Nation physician would suddenly disappear from the community, and then three weeks later Dr. O’Connor would be abruptly terminated raises important questions as to what is going on behind the scenes.

Whatever the cause of his dismissal, we can all be sure of one thing: Dr. O’Connor, after a decade-long crusade to draw international attention to the health problems of those living downstream of the oil sands, is unlikely disappear quietly.

Aided by his many friends and colleagues, he will undoubtedly discover who is responsible for ushering him out the door, cutting him off from the community he loves, and and continue advocating for the health of that community.

His story will continue to unfold.