03/21/2024
On March 6, 2024, National Transportation Safety Board Chair Jennifer Homendy appeared before the U.S. Senate Committee on Commerce, Science, and Transportation to testify with regard to ongoing investigations being conducted by the Board. During this hearing, there was an exchange between Ohio Senator J.D. Vance and Chair Homendy regarding the disastrous derailment in East Palestine, Ohio just over a year ago. More specifically, this exchange focused on the vent-and-burn operation conducted on the vinyl chloride tank cars involved in the derailment which released the huge cloud of toxic smoke that gained the attention of people the world over.
It is not news to any of us who watched NTSB's public hearings from East Palestine last June that a mountain of evidence had been uncovered indicating that this vent-and-burn operation was unnecessary and ill-advised. This evidence is rooted in the fact that representatives from Oxy Vinyls, the company which manufactured the chemical and packaged it for shipment in a STABILIZED condition, were present at the incident and advised Norfolk Southern Railroad along with its contractors that data indicated polymerization (the chemical reaction creating a risk of catastrophic explosion which was cited as the reason the vent-and-burn was necessary) was NOT occurring. Further information provided in testimony at those public hearings demonstrated that this information was withheld by Norfolk Southern and its contractors from Ohio Governor Mike DeWine and other officials responsible for making the decision to conduct the vent-and-burn operation.
Now, let's take a look at something which happened in Nevada last year. Assembly Bill 456 sought to place restrictions on certain operating practices conducted by the Class 1 rail carrier operating in the state which create an increased risk of accidents, and also to require increased investment by the carrier in certain safety technologies. The bill was passed out of the Legislature on a strictly party-line vote: All Democrats supported the measure, while all Republicans opposed it. The bill was then vetoed by Governor Lombardo.
In his veto message, Governor Lombardo cited a 1945 U.S. Supreme Court case involving one aspect of the bill. He did this in spite of information entered into the public record on AB 456 demonstrating that this case had been superseded by the Federal Railroad Safety Act of 1970 (FRSA), through which Congress specifically gave states the authority to enact safety laws such as AB 456.
Unlike Governor DeWine, who is now blaming the ill-advised decision to proceed with the vent-and-burn operation on the fact that he was given incomplete information, our Governor Lombardo cannot claim likewise. As previously stated, the information regarding the State's authority as granted by the FRSA was entered into the public record and efforts were made to inform his office of same. Rather, in Governor Lombardo's case, he simply chose to ignore that information and parrot the talking point given to him by the railroad.
Bottom line: add to the long list of things which pose an unacceptable risk to public safety government officials who allow themselves to be led around by the nose by dishonest railroad companies.
