The largest proposed crude-by-rail (CBR) transloading facility on the West Coast recently survived a major hurdle to its ultimate construction and operation—a lease extension. But with the proposed project enduring nearly...more
This article is the second in a three-part series that began with “Off the Tracks: A Data-Driven Analysis of Crude-by-Rail Liability Factors, Exposure, and Potential Solutions,” which was published on December 19, 2015....more
Proposed crude-by-rail (CBR) projects in California increasingly face opposition lawsuits designed to stall and derail the terminals. The suits often focus on alleged noncompliance with the California Environmental Quality...more
Despite challenging oil prices and a decrease in the volume of crude oil traveling by rail, recent events have renewed the spotlight on crude-by-rail (CBR) transportation. First, two trains derailed in Wisconsin last weekend...more
On May 1, the Department of Transportation—through its operating agencies the Pipeline and Hazardous Materials Safety Administration and the Federal Railroad Administration—issued its final crude-by-rail rule. The rule...more
These are uncertain and stressful times for all involved in the transportation of crude oil by rail. Since February 14, two fiery derailments in West Virginia and Ontario have refocused an unwelcome spotlight on the necessity...more
Throughout the 19th and early 20th centuries, towns in the western United States grew and thrived around the railroad. In fact, the railroad tracks often became a central geographic feature within towns, birthing the...more
A recent state-law challenge by environmental groups to an aspect of crude-by-rail transportation has teed up the question of federal supremacy over railroad regulation. Because federal law generally preempts state regulation...more