Oil Train Derailments

Sitting in the State of Oregon Law Library one can hear the occasional train pass on its way to or from Portland. Many of these trains contain the black squat cars used to transport crude oil through Oregon.

Recent accidents involving oil carrying rail cars have energized state and federal regulators.

• North Dakota oil train fire – December 31st, 2013 fire that forced the evacuation of 1,500 residents of Casselton, North Dakota.
• Lac-Mégantic derailment – July 6, 2013 derailment and explosion of a freight train carrying crude oil in Lac-Megantic, Quebec. The resulting fire and explosion killed 47 and destroyed roughly half of the downtown area.
• BNSF derailment in Seattle – July 24th derailment of a train carrying crude from North Dakota. There was neither a spill nor any injuries.

Oregon governor Kitzhaber has responded with a call for more rail inspectors, improved reporting and transparency.

• A collection of information from the Oregon Governor’s Office regarding rail safety. 
• Oregon Department of Transportation Rail Division – The Oregon department responsible for rail traffic in the state.

The federal government has primary rule making power in the United State with regard to railroad commerce and safety. The feds have initiated rulemaking changes that intend to make the transportation of oil by rail car safer.

• Pipeline and Hazardous Materials Safety Administration Operation Safe Delivery – This is a timeline of the proposed new rules regarding transportation of flammable liquids by rail. The rule has a docket number PHMSA-2012-0082.
• A report on the proposed rules from the Administration
• A listing of comments submitted on the proposed rules