Frequently Asked Questions: Federal, State, and Local Authority over Crude-by-Rail
Q1: Who regulates oil trains?
A1: The U.S. Department of Transportation regulates railroads and makes the rules about oil train safety. The U.S. DOT also has authority under 49 U.S.C. § 5121(d) to issue an Emergency Order prohibiting crude-by-rail.
Q2: Can Oregon and Washington do anything about oil trains?
A2: Yes. Oregon and Washington can prevent more oil train traffic by denying approvals for oil shipping infrastructure. Oregon and Washington regulate the facilities where crude oil is offloaded, stored, loaded onto ships, or refined. Also, the states often own property necessary for oil terminals, and state transportation dollars sometimes fund crude-by-rail projects. By denying requests for permits and resources related to oil shipping infrastructure, the states can keep oil train traffic from increasing. In most cases, however, federal law preempts Oregon and Washington from directly regulating trains or railroads.
Q3: What can Oregon’s Governor Brown do right now to prevent more oil trains?
A3: First, Governor Brown should issue a policy statement that Oregon will no longer grant permits for oil shipping infrastructure or allow Oregon’s land, water, or public funds to support crude oil shipping. Second, Governor Brown should direct the Oregon Parks and Recreation Commission to formally withdraw its approval for Union Pacific Railroad to use state park land in the Columbia River Gorge to expand oil train capacity. Third, Governor Brown should refuse to provide public money, through ConnectOregon and other state grants, for projects that would increase oil train traffic. Fourth, and perhaps most importantly, Governor Brown should push the federal government to take immediate action to issue an Emergency Order prohibiting crude-by-rail. Governor Brown should rally the Oregon delegation to be the foremost voice in demanding an Emergency Order.
Q4: What can Washington’s Governor Inslee do right now to prevent more oil trains?
A4: First, Governor Inslee should deny Tesoro-Savage’s application to build the nation’s largest crude-by-rail terminal near downtown Vancouver, Washington. Second, Governor Inslee should publicly direct Washington agencies to deny the pending permits for Westway’s crude-by-rail terminal in Grays Harbor and Shell’s crude-by-rail offloading facility in Anacortes. Third, Governor Inslee should ensure that none of the $12 million in state grants and loans currently available for freight rail improvement will pay for crude-by-rail projects. Fourth, Governor Inslee should push the federal government to take immediate action to issue an Emergency Order prohibiting crude-by-rail.
Q5: What can local governments do to prevent more oil trains?
A5: Local governments across Oregon and Washington are successfully calling attention to the threat of oil trains by passing resolutions and policy statements condemning crude-by-rail and fossil fuel export. Local governments can also deny permits and resources that would result in increased oil train traffic. For instance, Wasco County, Oregon, should deny Union Pacific Railroad’s pending application to double-track a five-mile stretch of the Columbia River Gorge through Mosier, Oregon. This track expansion would allow longer, faster, and more frequent trains carrying crude oil.
