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Proposed Federal Guidelines Will Make Railroads Less Safe
Regulatory Agency Doing End-Run Around U.S. Congress
Wednesday, January 31, 2007 (Washington, DC)—A representative
of the nation’s well-heeled railroad industry appeared before
a House subcommittee on Wednesday seeking additional corporate favors
that will prove detrimental to the public.
Richard F. Timmons of the American Short Line and Regional Railroad
Association recommended to members of the House Committee on Transportation
& Infrastructure Railroads Subcommittee that railroads receive
special federal protection from lawsuits stemming from accidents that
involve the release of hazardous materials. Timmons said the special
legislation should limit the railroad’s liability in such instances
by imposing caps on potential damages.
“This is another attempt by the big corporations to escape accountability
for negligence,’’ said Jon Haber, CEO of the American Association
for Justice, formerly the Association of Trial Lawyers of America.
“This proposal would eliminate a key incentive for railroad companies
to keep the railroads safe.’’
Timmons appearance came during a hearing regarding the reauthorization
of the Federal Railroad Safety Act (FRSA). Also testifying was Sharon
L. Van Dyck, an attorney with the Minneapolis, Minnesota, law firm
Schwebel, Goetz & Sieben, representing the American Association
for Justice, who said lawmakers need to clarify FRSA to make sure
it doesn’t interfere with state efforts involving rail safety.
Federal rules prohibit states from adopting tough safety standards
regulating the operations of railroads within their borders, Van Dyck
told the panel, resulting in a dangerous situation that requires the
immediate attention of Congress.
Preemption is the principle that a federal law can supersede or supplant
any inconsistent state law or regulation. When preemption occurs,
state law on a given subject is invalidated and the federal law substituted
in its place. As currently construed, railroads need only meet minimal
safety standards set by the federal government. States are powerless
to adopt stronger measures that often address unique safety situations.
In recent years, Van Dyck told the panel, the purpose of FRSA has
been “perverted by courts who apply the doctrine of preemption
to deprive Americans grievously injured in railroad accidents of any
remedy, even when it is undisputed that the cause of the accident
was the railroad’s failure to live up to those minimum federal
standards.
“Now is the time for Congress to step in and let the courts
know that they have misinterpreted Congress’ clear intent: that
the purpose of the FRSA was and is to set uniform minimum safety standards,
and that an expansive application of preemption to deprive accident
victims access to state remedies is a misapplication of the law,’’
she said.
Van Dyck cited Mehl v. Canadian Pacific Railway, 417 F. Supp. 2d
1104 (D.N.D. 2006), a case stemming from a derailment in Minot, North
Dakota, on January 18, 2002, where seven damaged cars released more
than 200,000 gallons of deadly anhydrous ammonia. The gas formed a
dense cloud of toxic fumes that engulfed the town and its residents.
One man died that night and hundreds of others sustained life-altering
injuries.
Recently, the Federal District Court in North Dakota dismissed all
claims filed against Canadian Pacific on the basis of federal preemption
“It is inconceivable that Congress would enact a statute for
the purpose of improving railroad safety that instead strips persons
injured by a railroad’s failure to adhere to federal standards
of any remedy in a court of law,’’ Van Dyck said. “Nothing
in the language of the statute indicates any intent to preempt state
common law causes of action, and for over 20 years, the courts did
not find such a preemptive intent.’’
An amendment to FRSA is needed to clarify the preemption clause,
making it clear that any uniform standards established by the FRA
pursuant to the FRSA are minimum standards. The FRSA does not preempt
an otherwise viable state claim alleging a railroad’s failure
to meet those standards.
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As the world's largest trial bar, AAJ (formerly known as the Association of Trial Lawyers of America) promotes justice and fairness for injured persons, defends the constitutional right to trial by jury, and strengthens the civil justice system through education and disclosure of information critical to public health and safety. Serving members worldwide, AAJ provides attorneys with the information and professional assistance they need to serve clients successfully and protect the democratic values of the civil justice system. Visit http://www.justice.org
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