Fourteen states, D.C. sue USDOT over LNG-by-rail rule

(Source: Progressive Railroading 08/19/2020)

Citing health and safety concerns, a coalition of attorneys general representing 14 states and the District of Columbia yesterday filed a lawsuit against the U.S. Department of Transportation over a new rule that would allow for bulk transportation of liquefied natural gas (LNG) by rail.

The Pipeline and Hazardous Materials Safety Administration (PHMSA), in consultation with the Federal Railroad Administration, finalized the rule in June to allow LNG to be transported in rail tank cars. Prior to the rule, a special permit was needed for transporting LNG.

The states involved in the suit are California, Delaware, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont and Washington.

In their case, the attorneys general intend to argue that PHMSA’s failure to evaluate the environmental impacts of the rule is unlawful, and that the rule lacks the necessary safety requirements to minimize the risk to public safety associated with transporting LNG by rail, coalition officials said in a press release issued by California Attorney General Xavier Becerra.

“Californians who live, work or go to school near train routes are not interested in being specimens in a crash-test laboratory for the Trump administration,” Becerra said. “We’re going to court because our families expect our government to put their safety first.”

The coalition plans to argue that the final rule violates the Administrative Procedure Act, National Environmental Policy Act and Hazardous Materials Transportation Act.

In January, Becerra and 15 other attorneys general filed a comment letter that urged PHMSA to withdraw its then-proposed rule.

A copy of the lawsuit can be read here.