ELP Staff Attorney Devorah Ancel was interviewed on February 17, 2015, as part of an NPR story covering the oil train derailment accident in West Virginia. She was also featured with elected officials concerned about crude by rail in California in the NBC Bay Area story, West Virginia Derailment Increases Worries Over Planned Crude Oil Train Through Bay Area.
More On Deficient Rail Car Safety Regulations
On February 9, 2015, Sierra Club Environmental Law Program Staff Attorney Devorah Ancel was quoted in a Vice News story regarding the status of the federal crude safety rules.
November 18, 2014: Sierra Club Staff Attorney Devorah Ancel was interviewed as part of an investigative news segment on safety concerns over trains carrying volatile crude oil to the Bay Area.
October 22, 2014, Sacramento, CA — Just one month after Earthjustice filed a lawsuit on behalf of Sierra Club challenging the Sacramento air district for rubber-stamping permits allowing Inter-State Oil Company to transfer Bakken crude oil from rail to truck without public or environmental review, the agency reversed course telling the oil company to cease all crude trans-loading operations. Today, Inter-State responded in a letter to the Sacramento Metropolitan Air Quality Management District saying the company will stop handling crude as of November 14.
“This is the first crude transport project that has been stopped dead in its tracks in California,” said Suma Peesapati, Earthjustice attorney. “This is a victory for the health and safety of the people of Sacramento, for communities along the path of the trucks hauling this dangerous product to the bay area, and for the refinery communities where the crude is eventually processed. It signals that industry and government may not benefit from a lack of transparency and play dice with the lives of people who live along the paths of these dangerous oil trains.”
Earthjustice filed the lawsuit on behalf of the Sierra Club on September 23, holding the air district and Inter-State Oil accountable for neglecting to consider the risk to public health and safety of the project. The lawsuit also challenged the air district for eschewing obligations for review under the California Environmental Quality Act (CEQA) despite the fact that the project would have significant increases in air pollutants, including toxic air contaminants. In its letter to Inter-State, the Air District admitted that the permits were issued in error since the operation involved emissions increases necessitating the best available pollution controls. Earthjustice’s lawsuit alleged that these emissions increases also triggered public notice and environmental review under CEQA.
The air district first issued a permit to Inter-State to trans-load crude from rail to truck on March 27, however according to an investigation by the Sacramento Bee, the company had been illegally trans-loading crude without a permit as early as six month before that date. No notice was given to local fire and emergency responders or other officials about the handling of this highly flammable substance just 7 miles north of the California state capital.
“This is a huge victory for Sacramento residents and communities across California who are put in harms way by trains carrying volatile, hazardous crude that are known to derail and explode,” said Devorah Ancel, Sierra Club staff attorney. “Local, state and federal governments must take further immediate action to notify the public when hazardous crude is railed through their communities and to ban the use of unsafe DOT 111 tank cars.”
September 22, 2014: Sierra Club Staff Attorney Devorah Ancel was interviewed as part of an investigative report on a crude oil train car derailment. The report discovered that the derailment, which occurred outside of LaSalle, Colorado on May 9, 2014, could have been prevented. Months after the spill, measurements show groundwater in the area to be polluted with toxic levels of benzene.
On July 23, 2014, the Department of Transportation proposed a set of long-overdue rules to address the alarming increase in crude oil spills from rail cars. The rules, which are expected to be finalized next year, would phase out the oldest, most dangerous tanker cars starting in 2017, and would establish new, lower speed limits for transporting explosive fuels.
The proposed rules acknowledge the dangerous risks inherent in transporting oil by rail but do far too little, too late, and the process takes far too long. The proposed rules do not adequately address the immediate and growing threat posed by crude-by-rail accidents. That is why last week, the Sierra Club called for an immediate ban of the outdated and unsafe oil tank cars. The Department of Transportation needs to make the rails safe, not shelter the profit of dirty polluters.
On July 15, 2014, Sierra Club filed a petition with the U.S. Department of Transportation requesting that the agency issue an emergency order prohibiting the use of DOT-111 rail tank cars for transporting flammable Bakken and other volatile fracked crudes. The National Transportation Safety Board has repeatedly found that DOT-111 tank cars are prone to puncture on impact, spilling oil and often triggering destructive fires and explosions. The U.S. Department of Transportation itself has found that rail transport of Bakken crude poses an "imminent hazard" to public health and safety, yet it has failed to take meaningful action that requires the industry to eliminate those risks. To date, the agency has simply urged shippers to use the safest tank cars in their fleets. Canada already has banned the use of the oldest DOT-111s on the tracks.
Although the agency began a rulemaking process to set new safety standards for crude oil rail cars, that process is moving too slowly and could drag on a year or more before a final rule is implemented. A one year delay in improved safety standards, is one year too long.In addition to severe accidents causing loss of life and thousands of evacuations, in the last year alone our nation saw more oil spill from tank cars than has spilled in the past four decades. An immediate ban on the use of DOT-111 tank cars to ship Bakken crude, as the petition requests, would reduce the risk of punctures and oil spills by over 75 percent, according to rail industry estimates.
The recent surge in U.S. oil production, much of it from Bakken shale, has led to a more than 4,000 percent increase in crude oil shipped by rail since 2005, mostly in long oil trains with as many as 120 cars and over 1.5 miles long. Huge increases in the number of crude trains traveling through communities have mobilized towns across the country to oppose this hazardous activity and call for a national emergency ban on all DOT-111 tank cars.
On May 7, 2014, the U.S. Department of Transportation (DOT) issued an emergency order identifying the movement of crude oil by rail as an "imminent hazard," and requiring rail operators to alert local emergency responders when oil is transported through their states. But the evidence is clear – DOT must go further by requiring the retirement of all DOT-111 tank cars.
DOT-111 rail cars, used to transport oil from North Dakota's Bakken shale reservoir, were designed in the 1960s long before the oil industry was fracking highly volatile crude known to corrode the walls of this aging fleet of tank cars and cause fires and explosions which have devastated communities across North America. Even newer models of these cars - CP-1232s - have proven deficient for carrying crude safely. The most recent of these fiery disasters occurred in Lynchburg, Virginia in early May, in which several of the new model cars derailed and ignited spilling 30,000 gallons of crude into the James River and forcing the evacuation of hundreds of people. This accident follows the Lac Megantic, Quebec disaster in which DOT-111 tank cars derailed and exploded leaving 47 people dead and flattening more than 40 buildings. The unfettered expansion of crude by rail transport has been riddled with failure after failure, including an oil spill rate in 2013 that surpasses all the oil spilled from tank cars in the past four decades.
DOT's recent emergency order and other voluntary measures, at best, pay lip service to the thousands of communities positioned in the line of fire that need immediate protection. These efforts don't come close to matching Canada's recent commitment to retire its DOT-111 fleet by 2017, despite the National Transportation Safety Board's persistent warnings of the dangers of transporting crude by rail and urging the agency to meaningfully regulate rail cars to prevent accidents. The oil industry argues that phasing out old rail cars will curtail its surging profits coming from fracking the Bakken. Is DOT's lack of strong action a sign that the agency has prioritized industry’s concerns over public health and safety?
In 2013 Sierra Club submitted comments to DOT demanding retirement of all DOT-111 tank cars, as well as requiring other safety measures such as preparation of worst case scenario emergency response plans, installation of positive train control technology on all trains carrying crude, testing and notification to first responders and communities of all hazardous substances being transported by rail, and increased resources for emergency response training, among other measures. DOT must prioritize the safety of communities across the country and pass strong crude rail safety regulation, beginning with the rapid retirement of the full fleet of DOT-111 tank cars. Read more...