Quantcast
Energy

Lawsuit Filed Calling for Ban on Fracked Oil Bomb Trains

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

Show Comments ()

EcoWatch Daily Newsletter

Sponsored
Champurrado (Mexican hot chocolate) is a beloved holiday favorite. PETA

8 Festive Vegan Drinks to Keep You Cozy This Winter

By Zachary Toliver

Looking for warm vegan holiday drinks to help you deal with the short days and cold weather? This time of year, we could all use a steamy cup of cheer during the holiday chaos. Have a festive, cozy winter with these delicious options. (Note that you must be 21 to enjoy some of the recipes.)

Keep reading... Show less
Popular
Pexels

For a Happier, Healthier World, Live Modestly

By Marlene Cimons

Gibran Vita makes every effort to get rid of the dispensable. He lives in a small home and wears extra layers indoors to cut his heating bills. He eats and drinks in moderation. He spends his leisure time in "contemplation," volunteering or working on art projects. "I like to think more like a gatherer, that is, 'what do I have?' instead of 'what do I want?'" he said.

Keep reading... Show less
Climate
An underwater marker in front of Cortada's studio helps predict how many feet of water needs to rise before the area becomes submerged. Xavier Cortada

As Miami Battles Sea-Level Rise, This Artist Makes Waves With His 'Underwater Homeowners Association'

By Patrick Rogers

Miami artist Xavier Cortada lives in a house that stands at six feet above sea level. The Episcopal church down the road is 11 feet above the waterline, and the home of his neighbor, a dentist, has an elevation of 13 feet. If what climate scientists predict about rising sea levels comes true, the Atlantic Ocean could rise two to three feet by the time Cortada pays off his 30-year mortgage. As the polar ice caps melt, the sea is inching ever closer to the land he hopes one day to pass on to the next generation, in the city he has called home since the age of three.

Keep reading... Show less
Food
GMVozd / E+ / Getty Images

How to Ferment Vegetables in Three Easy Steps

By Brian Barth

A mason jar packed with cultured or fermented vegetables at your local urban provisions shop will likely set you back $10 to $15. Given that the time and materials involved are no more than five minutes and $2, respectively, one imagines that the makers of cultured vegetables have spent eight years training with fermentation masters in some stone-age village, or that they've mortgaged their house to pay for high-end fermenting equipment to ensure that the dilly beans come out tasting properly pickled.

Keep reading... Show less
Sponsored
Popular
Orangutan in Sumatra. Tbachner / Wikimedia Commons

Norway to Ban Deforestation-Linked Palm Oil Biofuels in Historic Vote

The Norwegian parliament voted this week to make Norway the world's first country to bar its biofuel industry from importing deforestation-linked palm oil starting in 2020, The Independent reported.

Environmentalists celebrated the move as a victory for rainforests, the climate and endangered species such as orangutans that have lost their habitats due to palm oil production in Indonesia and Malaysia. It also sets a major precedent for other nations.

Keep reading... Show less
Oceans
Australia's Great Barrier Reef. Steve Parish/ Lock the Gate Alliance / Flickr / CC BY 2.0

Scientists Discover 'Most Diverse Coral Site' on Great Barrier Reef

Australian scientists have found the "most diverse coral site" on the Great Barrier Reef, observing at least 195 different species of corals in space no longer than 500 meters, The Guardian reported.

The non-profit organization Great Barrier Reef Legacy and marine scientist Charlie Veron, a world expert on coral reefs, confirmed the diversity of the site, also known as the "Legacy Super Site" on the outer reef.

Keep reading... Show less
Sponsored
Renewable Energy
Buses head out at the Denver Public Schools Hilltop Terminal Nov. 10, 2017. Andy Cross / The Denver Post via Getty Images

Why Aren't School Buses Electric? These Coloradans Are Sick of Diesel

By Corey Binns

Before her two kids returned to school at the end of last summer, Lorena Osorio stood before the Westminster, Colorado, school board and gave heartfelt testimony about raising her asthmatic son, now a student at the local high school. "My son was only three years old when he first suffered from asthma," she said. Like most kids, he rode a diesel school bus. Some afternoons he arrived home struggling to breathe.

Keep reading... Show less
Popular
jessicahyde / iStock / Getty Images

Hemp May Soon Be Federally Legal, But Many Will Be Barred From Growing It

By Dan Nosowitz

Senate majority leader Mitch McConnell has, perhaps unexpectedly to those who find themselves agreeing with only this one position of his, been a major force for legalizing industrial hemp. Industrial hemp differs from marijuana in that it's bred specifically to have extremely low concentrations of THC, the primary psychoactive chemical in marijuana; smoke industrial hemp all you want, it'll just give you sore lungs.

Keep reading... Show less
Sponsored

mail-copy

The best of EcoWatch, right in your inbox. Sign up for our email newsletter!