Update on DC's ban on hazmat shipments by railroad

[RudyRockvilleMD]

A further update. The Appeals Court overturned the judges ruling which originally upheld the DC City Coucil's ban on CSX shipping hazardous materials through Washington. The next stop - if the DC foolishly decides to appeal the Appeals Court's decision - is the Supreme Court, assuming they decide to take the case.

For Dave Husman:
None of the DC's water treatment plants are anywhere near a railroad although the city's wastewater treatment plant was at the end of a rickety branch line which ran through the lab where I worked, and the wastewater treatment plant was next door to thelab. I suspect the water treatment plants get their chlorine by truck.

[edbenton]

No worse than Atlanta banning all trucks from gong thru the city. They lost alot of jobs when the NIMBYS got that one passed and forced trucks to take 285 around the city now 285 is a parking lot during rush hour and Atlanta can not figure out why they have to rebuild it even wider every 5 years.

[dehusman]

CSX should just refuse to spot "hazmat" to the city's water treatment plant. After a few days without water, the judge might change his mind.

Dave H.

[greyhounds]

QUOTE: Originally posted by RudyRockvilleMD

I learned tonight, Monday, April 19, a federal judge ruled the DC has the right to ban shipments of hazardous materials by CSX through the city. According to the newscast CSX intends to appeal this decision. This case could wind up in the Supreme Court.

For my part I don't see how Washington, DC could enforce its ban on hazmat rail shipments becasue there are no grade crossings to conveniently stop and inspect CSX trains passing thru the city. Some of you may remember the Mayor of Darby, PA became very frustrated at the poor cndition of the CSX track in the town so she had police crusiers parked on the tracks at two grade crossings to stop CSX trains from passing thru Darby until CSX upgraded some bad track in the city. The Mayor of Darby, PA was warned not to block the CSX tracks in Darby again.

CSX just can't willingly break the law. And right now this stupidity is the law. This is how the US could revert to a 3rd world economy.

[RudyRockvilleMD]

I learned tonight, Monday, April 19, a federal judge ruled the DC has the right to ban shipments of hazardous materials by CSX through the city. According to the newscast CSX intends to appeal this decision. This case could wind up in the Supreme Court.

For my part I don't see how Washington, DC could enforce its ban on hazmat rail shipments becasue there are no grade crossings to conveniently stop and inspect CSX trains passing thru the city. Some of you may remember the Mayor of Darby, PA became very frustrated at the poor cndition of the CSX track in the town so she had police crusiers parked on the tracks at two grade crossings to stop CSX trains from passing thru Darby until CSX upgraded some bad track in the city. The Mayor of Darby, PA was warned not to block the CSX tracks in Darby again.

[PNWRMNM]

Federal law contemplates this situation and precludes the city's ban. The CSX should win hands down. They have to nip this in the bud.

Mac

[Anonymous]

CSX cannot compromise in any way without jepoardizing the entrie situation including hazmat bans elsewhere and the secrecy of how the AAR Homeland Security setup works. This needs to be fully litigated.

LC

[dehusman]

If the lay is upheld it will end up in chaos in the shipping world. If a dozen other cities were able to win similar bans it could essentially stop hazmat shipments in the US.

I think the compromise that the CSXT ought to offer is they will re-route rail shipments if the ban is expanded to include ANY vehicle carrying a quantity of hazmat that requires a DOT placard.

Then let the city crawfish away from that one.

Dave H.

[RudyRockvilleMD]

To refresh everybody’s memory the D.C. City Council passed a law in February, 2005 to prohibit the shipment of hazardous materials by rail through Washington, DC. The City Council and the Mayor claim that ban is necessary because Washington is a potential target for terrorist attacks. An attack on a rail car loaded with certain hazardous materials - assuming the car was ruptured - could release toxic gasses of killing many people. Shortly after the DC City Council passed the ban on shipping hazardous materials by rail through Washington, DC, CSX filed a lawsuit to overturn the ban, claiming the City has no authority to regulate rail safety and security, and it would interfere with interstate commerce; the Justice Department supports CSX in its lawsuit.

On April 5 a federal judge offered to broker a compromise between the D.C. government and CSX in the dispute over rail shipments of hazardous materials through the city. The Judge proposed a 30-day cooling-off period for negotiations during which time Washington would not enforce its ban on shipping hazardous materials by rail, and CSX would not run trains with hazardous materials through Washington, DC.

However, on April 7 CSX and the federal government refused the judge's offer of a negotiated settlement because CSX wants a court ruling on the legality of the DC ban on shipping hazardous materials through the city by rail. CSX’s attorney stated it has to ship the hazardous materials through Washington, DC, but the city’s officials want those shipments routed away from Washington. The Departments of Homeland Security, Justice, and Transportation also refused to participate in the negotiations because they were reluctant to share sensitive information about their efforts to keep the railroad lines in Washington safe with the city’s officials.

The judge’s ruling on the CSX lawsuit is expected early in the week of April 19, and regardless how it turns out it will most likely be appealed. Stay tuned