Media release - April 19, 2005
U.S. District Judge Emmet G. Sullivan ruled today against CSX and the Bush administration in favor of a new D.C. law to require the re-routing of ultra hazardous substances around the nation's Capitol. On all four counts the Judge ruled against CSX, saying, "the court will not blindly interfere with the actions of the District of Columbia to safeguard its citizens from catastrophe." Under the District law, the enforcement of the emergency act will go into effect on Wednesday, April 20.
"This is a great day for D.C. residents. Enforceable re-routing
of chlorine and other dangerous chemicals is the quickest and
surest way to protect the public from a potential terrorist attack
on these trains," said Rick Hind, legislative director for
Greenpeace. "The court noted that the Bush administration has
refused to take any regulatory action on rail security for
three-and-a-half years, leaving the door open for states to take
appropriate steps."
In February, the D.C. City Council passed the "Terrorism
Prevention in Hazardous Materials Transportation Emergency Act of
2005" to regulate the transport of hazardous materials within 2.2
miles of the U.S. Capitol in order to reduce the risk of a
terrorist attack. Federal officials estimate that such an attack on
a 90-ton car carrying chlorine would have the potential to kill or
injure 100,000 persons within the first 30 minutes. Following
approval of the emergency law by Mayor Anthony Williams, CSX
Transportation sued the District, seeking to halt enforcement of
the legislation.
Contrary to public claims by CSX, only a small fraction of CSX's
freight rail business is affected by re-routing. Court filings by
CSX revealed that less than two cars a day were carrying chlorine
throughout 2003. The total number of hazardous materials rail cars
prohibited by the D.C. statute is on average only about seven rail
cars per day.
Federal legislation is also being considered to address security
issues around the transport of hazardous chemicals by railcar.
These efforts include a bill by Representative Markey (D-MA) and
legislation being drafted by Senator Joseph Biden (D-DE).
According to Hind, "Both the DC re-routing law and
Representative Edward Markey's bill (H.R. 1414) include common
sense exemptions to rerouting. Cities such as Baltimore,
Philadelphia and Pittsburgh which are considering similar
legislation, should be encouraged by today's court decision.
Waiting for the Bush administration to take regulatory action is
just gambling with the lives of millions of Americans."
For more information, visit the
District of Columbia Web site.
Other contacts: Jane Kochersperger, Greenpeace Media Officer
202-319-2493
Exp. contact date: 2005-05-19 00:00:00