Hazmat Regs Inadequate Response to Head off D.C.-CSX Jan. Court Hearing- December 15, 2006

Norton Calls Hazmat Regs Inadequate Response to
Head off D.C.-CSX January Court Hearing
December 15, 2006

Washington, DC-Congresswoman Eleanor Holmes Norton (D-DC) today criticized a Department of Homeland Security (DHS) plan to regulate freight trains carrying hazardous materials as "at least four years too late and painfully inadequate to protect the millions of residents in the National Capital Region and other high target jurisdictions, who would be killed or injured in the event of a terrorist attack on toxic chemical rail shipments." Norton said the regulations announced today by DHS Secretary Michael Chertoff do not allow even limited rerouting of very toxic substances in selected highly vulnerable jurisdictions such as the National Capital Region, even though this is feasible to do here.

Norton said that Chertoff apparently was pressured to announce a plan to get ahead of a federal court hearing scheduled for January between the District and CSX Transportation, which runs trains carrying toxic materials within blocks of the U.S. Capitol and throughout the District and this region. The District passed an emergency ban last year that prohibits such shipments within 2 miles of the Capitol. The ban was not overturned but put on hold by the federal courts, pending the result of a lawsuit by CSX. However, CSX agreed to reroute some trains and D.C. agreed not to enforce the ban, pending the upcoming hearing. Norton said, "The vulnerability of this region is clear from an April 2005 federal court ruling, refusing to permanently overturn D.C. Council legislation imposing a ban on hazardous material shipments, even though the court recognized that regulating rail transportation normally falls under a federal interstate commerce clause." The court continued the ban, allowing the D.C. law to stand pending a final decision, ruling that the local jurisdiction has a right to protect its citizens and property when the federal government has not acted.

Norton said that Chertoff's plan is an urgently needed, important start because it requires inspection and guarding of trains with hazardous substances but only while they are standing still. She said, in addition, that 9-11 and train tragedies in Madrid, London and South Carolina should have prompted Homeland Security to act to secure rail and subway travel.

The Congresswoman has repeatedly criticized congressional failure to even hold the hearingsshe requested on the potential dangers or to take any other action, "leaving no alternative except court action." She praised the District for moving ahead of the federal government by imposing an emergency ban to protect residents here and in the region as well as federal employees.

Norton, a member of the Homeland Security Committee, is the chief sponsor of the Secure TRAINS Act to increase protection for public transportation, including Amtrak, Metro and buses, which lags far behind federal support for air travel.