News & Analysis as of

Train Accidents

FRA Releases Latest Railroad Progress Report As PTC Deadline Looms

by Nossaman LLP on

As the December 31, 2018 deadline approaches for freight, passenger, and commuter railroads to implement Positive Train Control (“PTC”), the Federal Railroad Administration (“FRA”) is reporting on the progress of individual...more

Defence + Indemnity: April 2018 - I. Insurance Issues A.

by Field Law on

I. INSURANCE ISSUES - A. An Insured has no obligation to include an Insurer’s subrogated claim in an action to recover losses in excess of its insurance coverage. Tree-Techol Tree Technology and Research Co. v Via Rail...more

Latest Developments in Alternative Fuels for Rail Locomotives

by Holland & Knight LLP on

Prompted by regulatory changes from the U.S. Environmental Protection Agency (EPA) regarding emission standards for locomotives, several railroads and locomotive manufacturers have been working for several years to develop...more

Railroads on Track To Miss Positive Train Control Deadline

Need for Positive Train Control is Past Due - The deadline for installing and implementing positive train control, known as PTC, is Dec. 31, 2018. It likely will come and go, with a majority of the country’s railways...more

Another Preventable Train Derailment

Amtrak trains have been involved in four deaths since December 2017, including the most recent tragedy in South Carolina that killed two crew members and injured more than 100 passengers....more

Tragic South Carolina Train Wreck — How Preventable Was It?

Train Wreck Reports are developing that the recent and tragic crash of an AmTrak train, running on CSX rails, might have been avoided if a safety feature called a “positive train control” (PTC) had been employed at the time....more

Tragic Amtrak Wreck in Washington

Another tragedy on an AMTRAK train has caused the loss of lives and serious injuries in Dupont, Washington this morning. There are reports the train, the Cascades service from Seattle to Portland was travelling on tracks...more

Positive Train Control: Roadblocks to Interoperability

by Holland & Knight LLP on

Positive Train Control ("PTC") is a system that will automatically apply the train’s brakes in certain situations. PTC systems consist of technologies designed to help detect dangerous situations and automatically intervene...more

New Campaign Raises Awareness of Railroad Intersection Dangers

by Howard Ankin on

In the wake of the Amtrak derailment in Pennsylvania earlier this month, Operation Lifesaver is promoting a new public awareness campaign dedicated to “changing people’s behavior around railroad tracks and crossings.” While...more

Miscommunication leads to many railway and train accidents

An Amtrak train collided with a maintenance vehicle in Chester, Pennsylvania, killing two Amtrak employees, Backhoe operator Joseph Carter Jr., and supervisor Peter Adamovich in the early morning of April 3, 2016. About 30...more

Blog: Commercial Court Considers Jurisdictional Issues Affecting Contribution Claims

by Cooley LLP on

In XL Insurance Company SE v AXA Corporate Solutions Assurance [2015] EWHC 3431 (Comm), the Commercial Court has held that, pursuant to Article 4 of EU Regulation 1215/2012, it had no jurisdiction to hear a dispute between a...more

How New Rail Regulations May Spur Midstream M&A

by White & Case LLP on

Over the past several months we’ve seen a rise in mergers and acquisitions among midstream energy firms. A variety of factors will likely push more firms to consider M&A, but one factor stands out: new regulations surrounding...more

Amtrak 188: Why Should It Take Tragedy to Focus on Infrastructure?

by Beveridge & Diamond PC on

This week’s horrific Amtrak accident just outside Philadelphia served as a grim reminder of our country’s political and economic challenges concerning infrastructure development. It perhaps gained even more attention than...more

New Federal Oil-By-Rail Regulations Published

by Stoel Rives LLP on

Today, May 8, 2015, the Pipeline and Hazardous Materials Safety Administration published a final rule for rail transport of crude oil in the Federal Register. These rules come after several high-profile oil train derailments,...more

Oil on the Rails: States Increasing Regulation of Oil Trains

by Perkins Coie on

The increase in North American petroleum production in recent years, coupled with inadequate pipeline infrastructure, has resulted in a significant rise of, and reliance on, the transport of crude oil by rail. Public...more

How safe are crude oil trains?

by Howard Ankin on

The North American oil boom has generated jobs, revenue and savings for consumers. As many people in Illinois know, it has also resulted in more oil-bearing train traffic....more

Recent Crude Oil Train Derailments Intensify the Spotlight on Rail Safety and the Value of Oil Pipelines

by Moore & Van Allen PLLC on

Few of us can erase from our memories the imagery of fires blazing at the scenes of crude oil train derailments in West Virginia in early February and in Illinois earlier this month. The fact that these trains carrying Bakken...more

State Regulators Are On Track To Improve Oil Train Safety

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

Falling Oil Prices Ignite Concern Over Bakken Crude

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

Environmental Groups Ramp-up the Crude-by-Rail Fight in the Courtroom

by BakerHostetler on

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

District of New Jersey Decision Denying Class Certification in Paulsboro Train Derailment Case Highlights Increasing Importance of...

by K&L Gates LLP on

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 re Paulsboro Derailment Cases: Putting the Brakes on Defendants’ Momentum Regarding Recent Ascertainability Developments Within...

by Blank Rome LLP on

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

State and Local Communities Respond to Crude-by-Rail Safety Issue

by Nossaman LLP on

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

Rail Corporation New South Wales v King [2014] NSWCA 207

by DLA Piper on

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

California Legislators Propose Two Bills on Crude by Rail

by Nossaman LLP on

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

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