Quantcast

Lawsuit Filed Calling for Ban on Fracked Oil Bomb Trains

Energy

Earthjustice has filed a lawsuit on behalf of Sierra Club and ForestEthics, challenging the Department of Transportation's rejection of their July request for an immediate ban of DOT-111 rail tanker cars carrying volatile crude oil from the Bakken shale formation.

A fireball follows the derailment of two trains, one carrying Bakken crude oil, outside Casselton, North Dakota last December. Photo credit: U.S. Pipeline and Hazardous Materials Safety Administration

The National Transportation Safety Board (NTSB) called in 2012 for an immediate ban for these tankers, which are prone to puncture in the case of accidents, crashes and rollovers, causing explosions and fires. Two-thirds of the rail cars carrying crude oil through the U.S. are DOT-111s. The industry has insisted that discontinuing their use or phasing them out rapidly would be too costly, asking for four years to phase out the older cars and up to six years for the newer ones. This lawsuit challenges the Department of Transportation's assertion that they have responded sufficiently to the dangers posed by the cars.

The court filing said, "Petitioners ask the Court to set aside and remand the Secretary’s denial of the petition to ban shipping Bakken crude oil in unsafe tank cars because the Secretary failed to consider pertinent evidence and several relevant factors, including the Secretary’s past findings that the surge in crude-by-rail shipments of Bakken crude in dangerous tank cars poses imminent hazards and emergency unsafe conditions, the number of rail accidents and oil spills likely to occur during the time it will take to stop shipping Bakken crude in the most hazardous tank cars through rulemaking, Canada’s more expeditious phase out of the most hazardous tank cars and the safety hazards of allowing the industry to more than double the crude oil fleet before removing the most dangerous tank cars from crude-by-rail shipping."

"Most of the explosive crude oil on U.S. rails is moving in tanker cars that are almost guaranteed to fail in an accident," said Earthjustice attorney Patti Goldman. "The risks are too great to keep shipping explosive Bakken crude in defective DOT-111s. The NTSB called them unsafe two decades ago, and by the DOT’s own estimates, the U.S. could see 15 rail accidents every year involving these cars until we get them off the tracks.”

Referencing the accident in July 2013 that killed 47 people and leveled more than 30 buildings in the city's downtown, Goldman said, “We can’t afford to wait for another Lac-Mégantic, Quebec-type catastrophe to happen here.”

The train that exploded in Lac-Mégantic was carrying the flammable Bakken crude oil when its brake system disengaged in the middle of the night, sending 60 DOT-111 cars roaring at high speed into town, where they derailed and blew up near a popular nightspot, killing many of the patrons. That was only the most lethal of the many derailments and fires caused by unsafe rail cars carrying the flammable cargo, and their numbers have dramatically increased with the fracking boom. In 2008 just as the boom got underway, 9,500 carloads of oil moved over U.S. rails; in 2013 railroads carried more than 400,000 carloads of crude oil. More crude oil was spilled in rail accidents in 2013 than in the previous 38 years, when the government started collecting data on such spills.

“The oil industry wants to double the number of tanker cars moving crude oil on U.S. tracks before removing any of these antiquated cars," said Sierra Club attorney Devorah Ancel. "And the Department of Transportation is playing along, allowing industry up to six years to get these cars off the tracks. That’s too long to wait for a recall of these dangerous tank cars.”

With the DOT slow to act, many communities through which the trains pass are acting on their own, with communities on the west coast particularly aggressive in seeking to protect themselves through litigation.

This map shows where derailments, explosions and fires have occurred since 2012 (in red), and the communities seeking to protect themselves against the bomb trains (in green). Image credit: Earthjustice

“More than 25 million Americans live within a mile of a railroad track that could be hauling explosive crude oil, and towns and emergency responders across the country are calling for action," said Matt Krogh, ForestEthics extreme oil campaign director. "The administration’s draft regulations are too little and far too late. We are challenging the administration to ensure that the oil industry, railroads, and the federal government do not wait to take these dangerous tanker cars off the rails.”

YOU MIGHT ALSO LIKE

Fracked Oil Bomb Trains at Center of Federal Rules Debate

More Oil Spilled From Railcars in 2013 Than in Previous Four Decades Combined

Obama Administration Proposes Stricter Rules for Crude Oil Trains to Halt Derailments

EcoWatch Daily Newsletter

Three cows who were washed off their North Carolina island by Hurricane Dorian have been found alive after swimming at least two miles. Carolina Wild Ones / Facebook

Three cows who were washed off their North Carolina island by Hurricane Dorian have been found alive after swimming at least two miles, The New York Times reported Wednesday.

Read More Show Less
The Dakota Access pipeline being built in Iowa. Carl Wycoff / CC BY 2.0

The fight between the Standing Rock Sioux and the owners of the Dakota Access Pipeline is back on, as the tribe opposes a pipeline expansion that it argues would increase the risk of an oil spill.

Read More Show Less
Sponsored
Scanning electron micrograph of Yersinia pestis, which causes bubonic plague, on proventricular spines of a Xenopsylla cheopis flea. NIAID / Flickr / CC BY 2.0

A middle-aged married couple in China was diagnosed with pneumonic plague, a highly infectious disease similar to bubonic plague, which ravaged Europe in the middle ages, as CNN reported.

Read More Show Less
Milk made from almonds, oats and coconut are among the healthiest alternatives to cow's milk. triocean / iStock / Getty Images Plus

Dairy aisles have exploded with milk and milk alternative options over the past few years, and choosing the healthiest milk isn't just about the fat content.

Whether you're looking beyond cow's milk for health reasons or dietary preferences or simply want to experiment with different options, you may wonder which type of milk is healthiest for you.

Read More Show Less
Greta Thunberg stands aboard the catamaran La Vagabonde as she sets sail to Europe in Hampton, Virginia, on Nov. 13. NICHOLAS KAMM / AFP via Getty Images

Greta Thunberg, the teenage climate activist whose weekly school strikes have spurred global demonstrations, has cut short her tour of the Americas and set sail for Europe to attend COP25 in Madrid next month, as The New York Times reported.

Read More Show Less
Sponsored
The Lake Delhi Dam in Iowa failed in 2010. VCU Capital News Service / Josh deBerge / FEMA

At least 1,688 dams across the U.S. are in such a hazardous condition that, if they fail, could force life-threatening floods on nearby homes, businesses, infrastructure or entire communities, according to an in-depth analysis of public records conducted by the the Associated Press.

Read More Show Less

By Sabrina Kessler

Far-reaching allegations about how a climate-sinning American multinational could shamelessly lie to the public about its wrongdoing mobilized a small group of New York students on a cold November morning. They stood in front of New York's Supreme Court last week to follow the unprecedented lawsuit against ExxonMobil.

Read More Show Less

By Alex Robinson

Leah Garcés used to hate poultry farmers.

The animal rights activist, who opposes factory farming, had an adversarial relationship with chicken farmers until around five years ago, when she sat down to listen to one. She met a poultry farmer called Craig Watts in rural North Carolina and learned that the problems stemming from factory farming extended beyond animal cruelty.

Read More Show Less