Our November 13 post noted that most of the crude oil from the Bakken Formation in North Dakota is shipped to ports and refineries throughout the United States by rail, typically in unit trains with one hundred cars or more....more
Happy Days Are Here Again?
Gasoline prices have been falling steadily for months. Now a gallon may be purchased for substantially less than three dollars in many regions of the country. ...more
Bakken crude producers and midstream transportation companies already experience transportation woes related to inadequate pipeline infrastructure, railroad capacity, tank car supply, rail accidents, and new regulations. But...more
The District of New Jersey’s recent decision in In re Paulsboro Derailment Cases, No. 13-784 (D.N.J. Aug. 20, 2014), demonstrates the increasing importance of the implied requirement of ascertainability and provides guidance...more
In a recent unpublished decision, Judge Robert B. Kugler of the United States District Court for the District of New Jersey addressed the rapidly developing “ascertainability” requirement in class action litigation within the...more
July 6 marked the one year anniversary of the crude oil derailment in Lac Megantic Quebec, which significantly heightened throughout North America the awareness about safety issues surrounding crude by rail. This heightened...more
The New South Wales Court of Appeal recently handed down judgment in the matter of Rail Corporation New South Wales v King. The facts of the matter are that at 3:00 am on the morning of Saturday, 2 September 2006, Shane King...more
Two measures have been introduced in the California legislature to respond to the growth of crude-by-rail volume in the state.
State Senator Fran Pavley (D-Agoura Hills) has introduced SB 1319, which would expand...more
As rail shipments of crude oil moving out of North Dakota’s Bakken formation have risen in recent years, so have derailments of trains carrying crude oil throughout the United States and Canada. One facet of the debate over...more
In response to recent derailments of trains transporting crude, the Department of Transportation issued an emergency order pursuant to its regulatory authority over the transportation of hazardous materials. The order applies...more
On May 7, 2014, the U.S. Department of Transportation (DOT) issued an Emergency Order requiring all railroads operating trains containing bulk quantities of UN 1267, petroleum crude oil, Class 3, that either originates or is...more
With the federal Department of Transportation’s recent emergency order impacting those who transport crude oil by rail, state governments are likewise considering additional regulatory oversight that could affect the industry...more
Last week, the Seventh Circuit Court of Appeals decided Brotherhood of Maintenance of Way Employees Division/IBT v. Norfolk Southern Railway Company, No. 12-3415 (March 11, 2014)....more
Federal regulators and representatives of the rail and petroleum industries testified before a Congressional panel on February 26, 2014 on emerging safety regulations for transportation of crude by rail. Recent derailments...more
The attorney shepherding through bankruptcy the Maine railway blamed for one of the worst rail disasters in Canadian history hopes to start getting victims some monetary compensation early next year, he said Thursday....more
Thanks to a recent $3 million loan, workers are being rehired by the bankrupt railway that owned the runaway train that devastated a Canadian town, killing 47 people, the railway’s court-appointed trustee said Monday.
The United States Federal Railroad Administration (FRA) announced in a July 29 letter to the American Petroleum Institute that it is investigating the safety of transporting crude oil by rail, citing potential safety issues...more
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