Thursday morning rail news:
CP begins extensive cleanup effort in B.C. to keep spilled grain from attracting bears
Canadian Pacific has undertaken a massive cleanup effort at the site of a grain-train derailment last week near Field, B.C., an effort required to prevent the spilled cargo from attracting bears when they come out of hibernation. Cochrane Today reports 34 cars derailed in the Jan. 26 accident [see “Digest: CP derailment knocks out power to Field, B.C.,” Trains News Wire, Jan. 27, 2021], triggering a cleanup effort that could take six to eight weeks and might require the railroad to set up an electric fence around the site roughly 6 miles west of Field. Currently, the railroad is using vacuum trucks and backhoes to clean up yellow peas from the site. A Parks Canada official tells the news site that the park has dedicated two staff members to the effort, monitoring wildlife as the cleanup continues.
NJ Transit sued over death of woman hit by light rail train
The family of a woman killed by an NJ Transit light rail train in 2019 has filed a $10 million wrongful death lawsuit against the transit agency and related entities. The Hudson County View reports the suit was filed by the administrator of the estate of Shannon Flood, killed in a Dec. 24, 2019, accident. The lawsuit contends Flood was “lawfully crossing the street” when she was struck and killed by the Hudson-Bergen Light Rail train, that the train’s operator failed to keep proper watch and use appropriate warning signals, and was going too fast for condition. The suit also contends the Exchange Place station did not have adequate warning devices, signage and barriers.
Supreme Court rules Railroad Retirement Board decisions are subject to judicial review
In a 5-4 decision, the U.S. Supreme Court on Wednesday ruled that a decision by the U.S. Railroad Retirement Board is subject to judicial review, reversing a decision by the U.S. Fifth Circuit. The National Law Review reports that the Fifth Circuit had said the court lacked jurisdiction because the Railroad Retirement Act outlines a series of steps to appeal the board’s decision, ending with an appeal to the board, but the Supreme Court ruled judicial review is available under the Railroad Unemployment Insurance Act. The case involved Union Pacific employee Manfredo Salinas, who had three requests for disability benefits turned down before a fourth was granted, but challenged the amount and start date of his benefits. [See “U.S. Supreme Court to hear railroad disability case,” Trains News Wire, Oct. 16, 2020].
