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.”