Ninth Circuit Finds Environmental Organizations Have No Cause Of Action Against Rail yard Owners Under Resource Conservation And Recovery Act
Posted on Aug 20, 2014 in Energy/Environmental, Transportation | Comments Off on Ninth Circuit Finds Environmental Organizations Have No Cause Of Action Against Rail yard Owners Under Resource Conservation And Recovery Act
Last week, the Ninth Circuit affirmed a district court’s dismissal of an action filed by environmental organizations under the Resource Conservation and Recovery Act (RCRA) against certain rail yard owners, finding that the plaintiffs failed to state a claim because diesel emissions do not constitute “disposal of solid waste” under the RCRA. Plaintiffs sued the rail yard owners under...
“Weak Safety Culture” And Ineffective Safety Management System Cited In Canadian Train Derailment Investigation Report
Posted on Aug 20, 2014 in Energy/Environmental, Investigations, Process Safety, Transportation | Comments Off on “Weak Safety Culture” And Ineffective Safety Management System Cited In Canadian Train Derailment Investigation Report
Yesterday, the Transportation Safety Board of Canada (TSB) released its investigation report of the July 2013 derailment of a train carrying Bakken crude oil that exploded and killed 47 people in Lac-Mégantic, Quebec. The TSB report finds that 18 factors played a role in the accident, including that the rail company had a “weak safety culture” that contributed to the continuation of...
Wrongful Death Claim For Railroad Inspector’s Suicide Held Not Compensable Under FELA, But FRSA Retaliation Claim Allowed To Proceed
Posted on Aug 19, 2014 in Litigation, Transportation | Comments Off on Wrongful Death Claim For Railroad Inspector’s Suicide Held Not Compensable Under FELA, But FRSA Retaliation Claim Allowed To Proceed
In 2011, a railroad inspector was accused of trying to sabotage a train’s braking system. With a formal hearing scheduled a week later, the inspector reported to work, then returned to his car and shot and killed himself in the railroad employer’s parking lot. After pursuing administrative remedies, the inspector’s widow and estate brought suit alleging violations of the Federal...
Railroad Worker’s Retaliation Claims For Refusing To Fabricate Safety Violations Proceed To Jury
Posted on Aug 13, 2014 in Litigation, Transportation | Comments Off on Railroad Worker’s Retaliation Claims For Refusing To Fabricate Safety Violations Proceed To Jury
The anti-retaliation provisions of the Federal Railroad Safety Act are fairly recent additions to the statute and contain, on their face, a lighter causation standard than other employment retaliation statutes. They provide that a “railroad carrier … may not discharge, demote, suspend, reprimand, or in any other way discriminate against an employee if such discrimination is due, in...
PHMSA Issues Final Rule Prohibiting Hazmat Operations By Persons With Unpaid Civil Penalties
Posted on Aug 7, 2014 in Energy/Environmental, Investigations, Transportation | Comments Off on PHMSA Issues Final Rule Prohibiting Hazmat Operations By Persons With Unpaid Civil Penalties
Yesterday, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a final rule prohibiting companies who fail to pay a civil penalty as ordered, or who fail to abide by a payment agreement, from performing activities regulated by the Hazardous Materials Regulations (49 CFR Parts 171-180) until payment is made. The rulemaking was conducted pursuant to the Moving...
Second Circuit Affirms Summary Judgment Opinion Allocating Financial Responsibility For April 2006 Texas Train Derailment
Posted on Aug 7, 2014 in Litigation, Transportation | Comments Off on Second Circuit Affirms Summary Judgment Opinion Allocating Financial Responsibility For April 2006 Texas Train Derailment
In an April 2006 train derailment near Dallas, much of a train’s cargo, which included tractors, copying machines, and other manufactured goods, was destroyed. The goods were manufactured in Japan, shipped across the Pacific, and loaded onto railcars in California. Following the derailment, the Japanese insurers, who were subrogees of the cargo owners, filed suit against the...
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