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      After the East Palestine disaster, Congress needs to pass the Derail Act | Chris Deluzio and Rohit Khanna

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      After the East Palestine disaster, Congress needs to pass the Derail ActChris Deluzio and Ro KhannaOur legislation will help to address the wrongs of what happened in OhioOn February 3, a freight train carrying hazardous materials derailed in the town of East Palestine, Ohio, just across the state line with Pennsylvania. A fire erupted, an evacuation order was issued, and the dangerous chemical being transported, vinyl chloride, was spilled. It’s a devastating tragedy and one that could have been prevented.Here’s the real reason the EPA doesn’t want to test for toxins in East Palestine | Stephen LesterRead moreOne of us represents constituents in Beaver county, Pennsylvania, and the people who live, work and play just miles from the site of the Norfolk Southern derailment. The other has spent six years visiting factory towns, rural communities and working on policies to bring manufacturing and technology jobs to communities decimated by globalization. Residents are scared about their health and livelihoods. They are unsure whether the air, water and soil will be safe after this disaster. They want answers, accountability and assurance that something like this will never happen again.These are the working-class folks who feel invisible and abandoned by our nation. American communities have been hurt by decades of deindustrialization, watching as disastrous trade and economic policies sent their jobs overseas. Now, they are being displaced from their homes because of corporate greed and weak regulations that failed to keep them safe from toxic chemicals.From western Pennsylvania to Silicon Valley, political leaders from across the country have a moral duty to speak out loudly for better safety regulations and to acknowledge what the people around East Palestine and so many Americans are going through.That’s why we have come together to introduce the Derail Act, the first piece of legislation in Congress to hold the railroads accountable and protect Americans. The bill will ensure that trains carrying hazardous materials are properly classified and rail carriers are required to take proper safety precautions when carrying these materials across the country. That means investing in newer rail cars, better braking equipment, setting stricter speed limits, and more.Our legislation will also improve information sharing by requiring rail carriers to report to the National Response Center, state officials and local officials within 24 hours after a train carrying toxic chemicals derails. This is something concrete that we can do to address the wrongs of what happened.This bill is an important step forward, but there is much more that needs to be done. Under the Trump administration, the Department of Transportation repealed a train safety rule that would have required trains carrying highly hazardous material to have electronic brakes installed to help stop quickly. That rule should be immediately reinstated. The Biden administration should also work closely with DoT to establish new, commonsense rules like preventing older train cars from carrying dangerous materials and mandating two-person minimum crews to help respond in the case of an emergency.To directly help the people of East Palestine and Darlington Township, we should require Norfolk Southern, the railroad responsible for the accident, to pay for all clean up and relocation costs. The EPA has already ordered the company to offer cleaning services to those impacted and has the power to charge it $70,000 per day for failure to comply. If a company can afford to pay their CEO $4m a year and provide billions in stock buybacks to shareholders, it can afford to clean up the wreckage it has caused.What this situation comes down to is the difference between those who think that government should let companies chase profits at any cost and those, like us, who instead believe that government must protect our workers and our communities. Over the past few years, Norfolk Southern reported a rise in accidents also corresponding to a rise in profits. And just months before the derailment, the company was lobbying DoT against safety standards. These companies are not going to hold themselves responsible, and it’s putting their workers and the public at risk. It is up to us to push back against the lobbying blitz and stand with workers and regular Americans.For the past 40 years, our nation has given corporations free rein and been complicit in the hollowing out of our middle class. Our governing class watched it happen. No more. This is the moment to create a society that works for everyone. We need a patriotic economy where working conditions are safe, human needs are prioritized, and everyone is treated with dignity and respect.
      Congressman Chris Deluzio is a US representative from Pennsylvania’s 17th district
      Congressman Rohit Khanna is US representative from California’s 17th congressional district
      TopicsOhio train derailmentOpinionUS politicsUS CongressOhioHouse of RepresentativesDemocratsRepublicanscommentReuse this content More

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      What’s in the air in East Palestine, Ohio? – podcast

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      When a train derailed in a small town in Ohio last month, it shed its toxic load, spewed smoke and set off a political firestorm that is still raging

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      On the evening of 3 February, a train made up of 149 carriages and more than a mile long came off the rails in the small Ohio town of East Palestine. No one was injured but the train shed its cargo, which included toxic chemicals including vinyl chloride, a known carcinogen. The Guardian’s Nina Lakhani has been reporting from East Palestine where residents have returned to their homes after those within the disaster’s exclusion zone were forced to leave the area. She tells Michael Safi that local people are furious about the way the accident happened – and how the cleanup has been handled. Seeing an opportunity, Donald Trump arrived last week to distribute bottles of water as well as campaign material for his 2024 presidential run. Meanwhile, President Joe Biden was criticised for visiting Ukraine rather than East Palestine. This week, Ohio’s two senators have prepared a bill aimed at federal regulations around what trains can legally transport and under what conditions. But much of the anger from local people is focused on how close the rail industry has got to government in recent years, in order to allegedly water down existing restrictions, which many in East Palestine believe to be an important factor behind the disaster in their town. More

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      ‘Crafting an illusion’: US rail firms’ multimillion-dollar PR push

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      ‘Crafting an illusion’: US rail firms’ multimillion-dollar PR pushNorfolk Southern, the company behind the Ohio train crash, and other rail firms spent millions on marketing and lobbyingSix children, smiling and laughing, sit at a table with lunch boxes open in front of them. “Hey guys! My dad can stop a train with his finger,” one brags. “My mom can see into the future,” another says, holding up her hands as binoculars. “My mom? She speaks train,” a third claims.‘Nobody has answers’: Ohio residents fearful of health risks near train siteRead moreJust then, her mom walks into the room. Another child asks if it’s true that she can talk to trains. “You betcha,” she says with a wink, as she stands in front of a sky-blue sign emblazoned with the logo of the Norfolk Southern Corporation.The kids’ conversation takes place in “Everyday Superheroes”, a 2018 video created for Norfolk Southern, the $12.7bn operator of the train carrying toxic chemicals that derailed earlier this month in East Palestine, Ohio, causing an environmental disaster of still unknown proportions.The video, part of an ad campaign called “Reimagine Possible”, was produced by RP3, a Maryland-based public relations agency. RP3 said the campaign was designed to reach “policymakers and opinion elites… whose perceptions are vital to Norfolk Southern’s success.” The people targeted by the campaign “tend to support companies whose leadership helps spur innovation and growth”, the agency wrote, explaining in a case study how the campaign was designed to “convince people they’re actually innovative”.The PR push is a window into a years-long, multimillion-dollar campaign by America’s biggest railroad corporations to win favor among federal regulators and policymakers and push back against calls for tougher regulation – a successful campaign that is coming under closer scrutiny following the Ohio disaster.Another video, set to its own version of School House Rock’s Conjunction Junction, starts with the lyrics: “Norfolk Southern, what’s your function? Hooking up the country, helping business run. Trains! They haul everything, safely and on time.”Between 2015 and 2022, the Association of American Railroads (AAR), the trade organization representing large train companies, spent more than $39.4m lobbying the federal government, according to data compiled by the nonprofit OpenSecrets. The AAR and its dues-paying members, who include Norfolk Southern, Union Pacific, BNSF and CSX, have also made millions of dollars’ worth of political contributions.But as Norfolk Southern’s “Reimagine Possible” campaign reflects, the industry also employs more indirect tactics to promote what the AAR calls “balanced regulation”, its euphemism for eliminating mandatory, government-enforced safety standards in favor of voluntary, industry-led oversight.An analysis by the Guardian found that between 2015 and 2019, the most recent year for which data are available, the AAR paid Subject Matter, a Washington DC-based PR and government affairs firm, more than $23.3m for “paid media consulting + advertising,” according to the AAR’s annual filings with the Internal Revenue Service (IRS). That sum represents nearly as much as the group spent on lobbying during the same period.Subject Matter’s work for the AAR included “Freight Rail Works”, which the agency described as “a comprehensive campaign to help ensure this critical industry remains top-of-mind for Washington DC-area policymakers and influencers.” “Transforming for Tomorrow”, another campaign produced by Subject Matter, was designed to “showcase the surprising technological advancements that power America’s rail network” and “cover all major touchpoints for our DC beltway audience”. Neither Subject Matter nor RP3 responded to a request for comment.According to the AAR’s 2019 tax filing, the trade association’s “integrated communications campaign” is designed in part to demonstrate “how railroads use modern technology to improve safety and provide public benefits”.As part of its communications push, the AAR has paid for dozens of sponsored articles in the Washington Post and Politico, two publications widely read by the “policymakers and opinion elites” who the group targets with its messages of innovation and self-regulation. Under headlines such as “No need to fix a freight rail system that is thriving” and “How America’s freight railroads became great again,” the AAR touts its members’ impact on the US economy and warns of the consequences of new regulations. Other stories, including “How freight rail is putting the brakes on human error,” argue that the industry is already making technology investments on its own, with the implication (and sometimes the explicit connection) that new safety requirements are unnecessary or even detrimental to those efforts.The rail industry has also spent hundreds of thousands of dollars a year funding GoRail, a tax-exempt 501(c)4 organization that advocates for the railroad industry before local, state and federal policymakers and officials. According to IRS filings, between 2015 and 2019 the AAR gave $2m to GoRail, a sum that represents more than one-fifth of GoRail’s total revenue during that period.GoRail’s operations are tightly integrated with the country’s largest rail companies, and its agenda is closely aligned with their interests. GoRail’s board consists almost entirely of railroad executives and the president of the AAR, and the role of board chair rotates annually among executives from Norfolk Southern, BNSF, Union Pacific and other firms. GoRail and the AAR, as well as Railpac, the AAR’s political action committee, all operate out of the same building in Washington DC. Neither GoRail nor the AAR responded to requests for comment.Unlike the AAR, however, GoRail exists to generate grassroots support – or the appearance of grassroots support – for the industry’s policy agenda. GoRail’s annual reports and IRS filings regularly boast of how many letters it sent to Congress, social media “impressions” it generated and “lawmaker-advocate connections” and “educational meetings” it organized. As a Norfolk Southern executive who chaired the GoRail board wrote in the organization’s 2017 annual report, “Via thousands of field meetings with key local influencers annually and a sophisticated media strategy, GoRail’s team is able to build the relationships that matter and then utilize these connections to impact policy decisions when it counts.”One policy decision to which the industry remains strongly opposed is a proposal from the Federal Railroad Administration (FRA) to require most trains, particularly those carrying hazardous materials, to have at least two crew members on board. The “train staffing” rule’s supporters, including railroad workers and their union representatives, argue that having multiple workers on board makes trains safer to operate and leaves them more capable of responding to accidents when they occur.Individual companies such as Norfolk Southern and Union Pacific, as well as GoRail and the AAR, have helped lead the industry’s opposition to the proposal, frequently using the same arguments that they deploy in their PR campaigns to argue that the rule is unnecessary because of their investments in new technologies.Crew tried to stop Ohio train after alert about wheel bearing, safety report findsRead moreDuring a 14 December FRA hearing about the rule, for instance, a representative for Norfolk Southern told the FRA that the company opposed the train staffing requirement in part because it would prevent the company from “redeploy[ing]” conductors from trains to “ground-based role[s]”. “Once again technology has supplanted the conductor’s traditional safety role,” the representative said.A Union Pacific representative, meanwhile, told the FRA that while the company “has always been, and continues to be, a driver of innovation in this industry”, the train staffing proposal “is threatening to take us down the path of obsolescence”. A GoRail issue brief makes a similar claim that “Mandating a specific railroad crew is a disincentive to research new technologies”.In quarterly earnings calls and presentations to shareholders, however, the companies suggest that reducing the number of workers on trains is as much about cutting short-term costs as it is about developing new technology or promoting innovation. Even as Norfolk Southern’s PR campaign calls its workers “everyday superheroes”, over the past two decades the company has managed to cut more than 9,600 jobs while increasing shareholder dividends and stock buybacks by 4,500%, as More Perfect Union recently reported. “Crew staffing of trains…has remained consistent,” a company spokesperson told the Guardian in a statement. “Norfolk Southern continues to make substantial progress recruiting new crew members.”“When [companies] think of railroad, they do not think of cutting-edge. They think of cutting crew size and cutting corners to do it,” said Vincent Verna, a representative of the Brotherhood of Locomotive Engineers and Trainmen and a former locomotive engineer for Union Pacific, during the 14 December FRA hearing. “Simply cutting the size of the crew for more profits has nothing to do with technology and everything to do with avarice.”The railroad industry has deployed a similar two-step argument in opposition to other safety proposals, including a rule that would have required trains to use electronically controlled pneumatic (ECP) brakes, as the Lever reported. The publication found that during the Trump administration, Norfolk Southern and the AAR helped defeat a proposal to require ECP brakes on trains carrying hazardous materials – even though ECP brakes were one of the innovations that industry leaders, including Norfolk Southern, had “previously touted” as examples of the industry’s technological prowess.While there is little doubt that railroad companies are indeed investing in and implementing new technology, the industry appears determined to use the idea of technology – as well as the prospect of future technology – to defeat new safety requirements and regulations.Its approach was summed up in a 2017 blog post from the PR agency hired by the AAR to “deliver [the] message home to policymakers” that the industry’s technology investments are important for the US economy. The agency created a video of a hard hat- and yellow safety vest-clad spokesperson for Freight Rail Works being “cloned” dozens of times. The video’s header: “Association of American Railroads: Crafting an illusion to deliver a powerful message”.TopicsOhio train derailmentRail industryUS politicsOhiofeaturesReuse this content More

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      East Palestine Crisis Tests a Trump-Backed Senator

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      J.D. Vance, the freshman senator from Ohio, is in the spotlight for the first time in his tenure as he responds to the train derailment and its aftermath.EAST PALESTINE, Ohio — As Donald J. Trump criticized the federal response to the train derailment that has shaken this Ohio town, there was one leader in Washington he praised repeatedly — the man he helped propel to Congress, Senator J.D. Vance.“J.D. Vance has been incredible,” Mr. Trump told reporters and local officials on Wednesday at an East Palestine firehouse, as Mr. Vance stood behind him.While a fight brews between Democrats and Republicans over the role of the federal government in the derailment’s aftermath, Mr. Vance, 38, has been at the center of it all. Some of his actions have been the conventional response of any seasoned politician. He has drafted letters calling on federal officials for more oversight and met with some of the residents most affected by the derailment and chemical spill. But he also has joined far-right Republican figures in depicting the deep-red village in northeastern Ohio as a forgotten place, taking a page from Mr. Trump’s grievance-politics playbook.“I grew up in a town that was neglected by the national media and was affected by a lot of dumb policies,” Mr. Vance said in a brief interview, as he briskly left the firehouse on Wednesday. “I worry that unless we keep the pressure on the federal policymakers and the corporations that caused this problem, a lot of people are going to be forgotten and left behind.”The White House has pushed back on such criticism from Republicans, accusing both the Trump administration and Republican lawmakers of dismantling the Obama-era rail safety measures meant to prevent episodes like the East Palestine derailment. And at least one media critic has accused Mr. Vance of fanning the flames of white grievance by attacking the Biden administration as deserting white Americans.For Mr. Vance, the response to the derailment could serve as a pivot point. It is the first major crisis in his tenure as a newly elected senator and it has provided him with the chance to show the voters who viewed him with skepticism during his campaign that he has not strayed far from his humble Ohio roots.Officials are cleaning up in East Palestine, including Sulphur Run, a creek that flows through the town.Brian Kaiser for The New York TimesThe derailment has also given him an opening to tap into a theme that first brought national attention to his Senate ambitions: speaking up for working-class Ohioans, many of them white, who he has suggested have been victimized by the politics of the left.In one of his first campaign ads, he bluntly played to white grievance, looking at the camera and asking voters a question: “Are you a racist?” He argued in the ad that Democratic voters were “pouring into this country” through unchecked borders, echoing the “great replacement theory,” the far-right notion that undocumented immigrants are coming to America to usurp the political power of native-born white voters.In a red state that Mr. Trump won in both 2016 and 2020, many residents in East Palestine and its surrounding towns were not following the national back-and-forth over the government response as they worried about the potential effects of the spill. But they had followed Mr. Vance’s attempts to bring attention to their plight on local media outlets and approved of his handling of the crisis, even as some said there was more work to be done.The Train Derailment in East Palestine, OhioWhen a freight train derailed in Ohio on Feb. 3, it set off evacuation orders, a toxic chemical scare and a federal investigation.A Heated Town Hall: Hundreds of Ohio residents gathered to demand answers about the fallout from the derailed train. Officials for the railroad company pulled out hours earlier, infuriating locals.Cleanup Costs: The Environmental Protection Agency ordered Norfolk Southern, the operator of the derailed train, to clean up any resulting contamination and pay all the costs.Farmers Fear a ‘Forever Scar’: The train derailment has upended a region of Ohio where generations of families could afford to buy acres of land, raise livestock and plant gardens.Trump’s Visit: In East Palestine, the former president attacked the Biden administration’s handling of the train derailment, even as his own environmental policies while in office have been criticized.“I think a lot of people are watching him right now to see how he is handling it,” said Kayla Miller, 31, who owns a farm in nearby Negley. “I think he genuinely cares about our situation and cares about our town.”Mr. Vance, a venture capitalist turned first-time politician, became a sought-after voice on the white working-class after the release of his memoir “Hillbilly Elegy,” which explored his family ties to Appalachia and traced his path from humble origins in southwestern Ohio to the military and later to Yale Law School.When he returned to Ohio, he was initially viewed as an outsider. He was funded by Peter Thiel, the tech billionaire, and had spent much of his time in San Francisco after leaving his home state. Ahead of the state’s Republican primary in May 2022, more than three dozen Republican county and state committee leaders urged Mr. Trump in a letter to not endorse Mr. Vance. They questioned his Republican credentials and noted he had often denounced Mr. Trump during the 2016 presidential campaign.Mr. Vance has been a sharp critic of the Biden administration on inflation and border policies, largely falling in line with Republicans pushing for isolationism as the answer to loss of U.S. manufacturing jobs. As residents coped with the derailment, Mr. Vance sent letters to the company that operated the freight train, Norfolk Southern, asking it to broaden its criteria for reimbursements to residents beyond a one-mile radius of the derailment zone..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.He has worked with Republicans and Democrats — including two of the region’s top Democrats, Senators Sherrod Brown of Ohio and John Fetterman of Pennsylvania — to call on federal public health officials to provide resources to help the state monitor people’s health. They have also pressed federal environmental agencies to monitor the hazardous chemical compounds, or dioxins, that the derailment released into the region’s air and soil.He has met with business owners and affected residents. He also visited a creek near the derailment site, releasing a video in which he used a stick to stir a filmy substance in the water that he described as evidence of possible contamination.“I’ve just been doing a lot of talking to people on the ground here,” he said, speaking to reporters in downtown East Palestine last week. “Obviously, I am more concerned about the public safety component of this here. Is the air breathable? Is the water drinkable?”“I think a lot of people are watching him right now to see how he is handling it,” Kayla Miller said of Mr. Vance. “I think he genuinely cares about our situation and cares about our town.” Maddie McGarvey for The New York TimesOn Wednesday, Mr. Vance reinforced his loyalty to the former president even as some of Mr. Trump’s staunchest supporters now privately worry about his grip on the party and his chances of winning the presidency again. Mr. Vance and Donald Trump Jr., Mr. Trump’s son, followed the former president as he made stops at local businesses to shake hands with customers and pass out Make America Great Again hats. In short remarks at the fire station, Mr. Vance thanked Mr. Trump for visiting and bringing national attention with him.“The most important thing that we can take from this visit is that we can’t forget about the people of East Palestine,” Mr. Vance told reporters.He said later that he believed Mr. Trump’s presence would help keep the pressure on federal officials to take action. Asked about criticism from the White House on the Republican opposition to rail safety measures, Mr. Vance said attempts to politicize the issue would not help East Palestine residents. According to the website PolitiFact, a rail safety rule repealed as part of a broad regulatory rollback under the Trump administration would have had no impact on the East Palestine derailment.Mr. Vance and other Republicans have subtly evoked white disaffection by portraying a largely white, rural and conservative area as neglected by federal officials. On a Fox News interview this month, he accused Pete Buttigieg, the transportation secretary, of focusing on “how we have too many white male construction workers” instead of talking about the frequency of train derailments and railroad safety.On Wednesday, he rejected the notion that he was playing to racial grievance. “I don’t know how I am doing that or anybody else is doing that,” Mr. Vance said outside the firehouse. “This is a community that has been affected by the problem, and they deserve help.”At the same time, far from East Palestine, Mr. Vance has used his brief time in the Senate to go on the offensive on race, accusing Democrats of injecting it into politics.This month, he criticized Gigi B. Sohn, Mr. Biden’s nominee to the Federal Communications Commission, for playing into “this weird racialization of American political rhetoric in the last few years.” And in his campaign ad on the border, he criticized Democrats for calling people racists because they wanted to talk about Mr. Biden’s border policies and the impact those policies were having on the opioid crisis, which has ravaged largely white, rural parts of the industrial Midwest and across the nation.East Palestine residents said that before the freight train derailed on Feb. 3, many Ohioans seemed to know little about their hometown, which sits just below the manufacturing hub of Youngstown, near the Pennsylvania border. Now, the village of 4,761 in a red county Mr. Vance handily won has been under the national glare.Residents have been concerned about the air quality, and especially worried if the local water is safe to drink.Maddie McGarvey for The New York TimesThe crisis has spurred complicated feelings among residents about the necessity of government oversight, but many said federal agencies should take on a greater role holding Norfolk Southern accountable.In interviews this week, several residents said they had developed coughs or odd rashes, and some had farm animals die. Ms. Miller and her husband, Chase Miller, said that they had lost two chickens and three rabbits and that more farm animals had fallen ill. One of the main side effects of a gas released, vinyl chloride, they read, is cancer.“So, in five years, am I going to have liver cancer? Am I going to be able to see my kids graduate?” she said.Her husband added, “My biggest worry is that they are going to forget about Negley, they are going to forget about the local towns where the water runs to.”State and federal officials have said that they have yet to detect dangerous levels of chemicals in the air or municipal water, and tests are continuing.Leaving a grocery store with stacks of water bottles on Monday, Butch Foster, 76, a farmer and former school custodian, said he refused to leave his home after the spill until federal officials declared the air safe to breathe. But after spending some time outside, he noticed black mucus coming out of his nose, so he did not want to drink the municipal water.Mr. Foster had watched the video of Mr. Vance stirring the waters in the creek. He said the senator he had done a good job of calling attention to his and other residents’ concerns.“I just know they need to do more,” he said. More

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      Trump’s environmental rollbacks in focus on visit to Ohio toxic train site

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      Trump’s environmental rollbacks in focus on visit to Ohio toxic train siteFormer president criticizes Biden administration’s response to train derailment in East Palestine as he visits townDonald Trump’s record of rolling back environmental protections was highlighted by critics on Wednesday as the ex-president visited the town of East Palestine, Ohio, and called the federal response to the toxic train derailment there earlier this month a “betrayal” .Trump’s administration, which rolled back more than 100 environmental rules in total, watered down several regulations at the behest of the rail industry.‘We just need answers’: distrust grows in Ohio town after toxic train derailmentRead moreHe withdrew an Obama-era plan to require faster brakes on trains carrying highly flammable materials, shelved a rule that demanded at least two crew members on freight trains and dropped a ban on transporting liquified natural gas by rail, despite fears this could cause explosions.“His trip serves as a reminder that Trump and his administration made gutting transportation and environmental safety regulations a key priority of their Maga agenda,” the Democratic National Committee said in an email to reporters.Linking to a number of media reports of his transportation policies, it said, “Trump and his administration rolled back … transportation safety and environmental rules, including toxic chemical regulations,” and “Trump’s budget proposals slashed funding for investigating accidents, enforcing environmental rules, and prosecuting environmental crimes”.“I don’t know exactly what he’s planning to do there, especially since his administration was anti-regulation and pro-industry every step of the way,” Pete Buttigieg, the transportation secretary, told CBS the day before Trump’s visit.Buttigieg has been attacked by Republicans for failing so far to visit the site of the Ohio disaster, and the Department of Transportation said on Wednesday that he will visit the town on Thursday. The statement said: “As the secretary said, he would go when it is appropriate and wouldn’t detract from the emergency response efforts. The secretary is going now that the Environmental Protection Agency (EPA) has said it is moving out of the emergency response phase and transitioning to the long-term remediation phase.”The head of the National Transportation Safety Board – the lead agency investigating the crash – has said that the improved braking system wouldn’t have applied to the train that veered off its tracks in East Palestine, but environmental groups are pushing for the Biden administration to reinstate the rule anyway.There has been pressure from some Republicans to review safety rules, with Mike DeWine, the Ohio governor, saying it is “absurd” that the train could be marked as non-hazardous because it wasn’t exclusively carrying toxic material. But many other GOP figures have so far shied away from calling for tighter regulation of the rail industry, instead focusing on what they say has been a ponderous response from the Biden administration.Residents have expressed distrust at official statements that the water and air in the town is safe. In his visit on Wednesday, Trump, who is running for the White House again in 2024, said the community needs “answers and results”, not excuses. He spoke at a firehouse roughly half a mile from where more than three dozen freight cars – including 11 carrying hazardous materials – came off the tracks near the Pennsylvania state line.“In too many cases, your goodness and perseverance were met with indifference and betrayal,” Trump said. He appeared with Senator JD Vance, Mayor Trent Conaway and other state and local leaders.The former president and other Republicans have intensified criticism of the Biden administration’s handling of the 3 February derailment, which led to evacuations and fears of air and water contamination after a controlled burning of toxic chemicals aboard the rail cars.The Biden White House has defended its response to the derailment, saying officials from the EPA, National Transportation Safety Board and other agencies were at the rural site within hours of the derailment. The White House says it has also offered federal assistance and that the Federal Emergency Management Agency has been coordinating with the state emergency operations center and other partners.EPA administrator Michael Regan visited the site last week and earlier this week and tried to reassure skeptical residents of the town, which has a population of around 5,000, that the water was fit for drinking and the air safe to breathe.“I’m asking they trust the government,” Regan said. “I know that’s hard. We know there’s a lack of trust.” Officials are “testing for everything that was on that train”, he said.The Associated Press contributed reportingTopicsDonald TrumpOhio train derailmentOhioUS politicsPollutionnewsReuse this content More

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      in US Politics

      Ohio senator blasts train operator and lobbyists over toxic derailment

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      Ohio senator blasts train operator and lobbyists over toxic derailmentDemocrat Sherrod Brown says derailment, which released toxic chemicals, was caused by Norfolk Southern The Ohio senator Sherrod Brown had harsh criticism on Sunday for corporate lobbyists and Norfolk Southern, the Atlanta-based operator of the train that derailed in East Palestine, Ohio, two weeks ago while carrying toxic chemicals.‘We just need answers’: distrust grows in Ohio town after toxic train derailmentRead moreSpeaking on Sunday to CNN’s State of the Union, the Democrat said the derailment, which released toxic chemicals including the carcinogenic vinyl chloride, was an episode of “the same old story”, and that Norfolk Southern “caused it”.“Corporations do stock buybacks, they do big dividend checks, they lay off workers,” Brown said. “Thousands of workers have been laid off from Norfolk Southern. Then they don’t invest in safety rules and safety regulation, and this kind of thing happens. That’s why people in East Palestine are so upset.“They know that corporate lobbyists have had far too much influence in our government and they see this as the result … These things are happening because these railroads are simply not investing the way they should in car safety and in the rail lines themselves.”Brown said Norfolk Southern and corporate lobbyists were wholly responsible for the accident, which has caused breathing difficulties, rashes, nausea, headaches and swollen eyes, as well as killing pets and wildlife.“There’s no question they caused it with this derailment because … they underinvested in their employees. They never look out for their workers. They never look out for their communities. They look out for stock buybacks and dividends. Something’s wrong with corporate America and something’s wrong with Congress and administrations listening too much to corporate lobbyists. And that’s got to change.”On Tuesday, Norfolk Southern pledged to distribute more than $1.2m to nearly 900 families and a number of businesses affected by the crash, spill and burn. A company spokesman said the financial assistance included direct payments of $1,000.Earlier this year, the company announced $10bn in stock buybacks. Last year, it reported $3.2bn in profits.Brown warned residents along the Ohio and Pennsylvania border to be cautious.According to Brown, the company “made promises” to him and the community. But he said: “If they write a check to an East Palestine or Unity Township resident or people even a little farther away, never sign away your legal rights. You can accept the check, but don’t sign anything that would sign away your legal rights. That’s what companies like this do.”He added that he was going to make sure Norfolk Southern “lives up to everything it needs to do”.Brown said he had urged Joe Biden and the US transportation secretary, Pete Buttigieg, to strengthen regulations surrounding worker safety, consumer protection and the environment.“That’s my job, to push the administration and to move in Congress on … more pro-consumer, pro-worker, pro-environment … and pro-community safety laws to make sure these things don’t happen,” he said.Republicans have criticized Buttigieg’s handling of the accident, arguing that the federal government has been too slow to respond.In a tweet on Wednesday, Buttigieg said that the administration was restricted by certain laws on rail regulation.“We’re constrained by law on some areas of rail regulation (like the braking rule withdrawn by the Trump administration in 2018 because of a law passed by Congress in 2015), but we are using the powers we do have to keep people safe,” he said.That was a reference to to an Obama-era rule the Trump administration repealed, which required trains carrying highly flammable crude oil be equipped with special brakes to halt all cars at the same time.Ohio is facing a chemical disaster. Biden must declare a state of emergency | Steven DonzigerRead moreSpeaking to reporters, the Texas senator Ted Cruz, the ranking member on the Senate commerce, science and transportation committee, said: “I understand that the secretary is politically ambitious, and he’d like to move to government housing in Washington right up the street” – a reference to the White House, for which Buttigieg ran in 2020 – “but he does have a job to do.Buttigieg, Cruz said, “should focus on addressing the enormous challenges we have on our railways, with multiple derailments where the secretary has been awol”.The Ohio senator JD Vance and Marco Rubio of Florida wrote to Buttigieg, demanding “information from the US Department of Transportation regarding its oversight of the United States’ freight train system and, more generally, how it balances building a safe, resilient rail industry across our country in relation to building a hyper-efficient one with minimal direct human input”.TopicsOhioUS politicsnewsReuse this content More

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      in US Politics

      Ohio is facing a chemical disaster. Biden must declare a state of emergency | Steven Donziger

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      Ohio is facing a chemical disaster. Biden must declare a state of emergencySteven DonzigerA train derailed and flooded a town with cancer-causing chemicals. But something larger, and more troubling, is at work Earlier this month, a train carrying toxic chemicals derailed in eastern Ohio, exploding into flames and unleashing a spume of chemical smoke on the small town of East Palestine. The train’s freight included vinyl chloride, a chemical known to cause liver cancer and other sicknesses.In response, government and railway officials decided to “burn off” the vinyl chloride – effectively dumping 1.1m lbs of the chemical into the local community, according to a new lawsuit. Officials said that they did so to avert the vinyl chloride from exploding; in contrast, an attorney for the lawsuit has said that the decision was cheap, unsafe, and more interested in restoring train service and appeasing railway shareholders than protecting local residents.East Palestine residents are reporting headaches, sore throats, and burning eyes; dead pets and chickens; and thousands of fish corpses in nearby waterways. The Ohio Department of Natural Resources has said that approximately 3,500 fish, of 12 different species, died across 7.5 miles.In other words, Norfolk Southern’s “controlled burn” may have caused a mushroom cloud of poison to spread over eastern Ohio. The situation demands immediate action from President Biden. Without it, thousands of people – including children and the elderly – and animals will be at continued risk of premature death. Biden must declare a state of emergency and create an independent taskforce to take over the remediation of this eco-catastrophe.Norfolk Southern “basically nuked a town with chemicals” to “get a railroad open”, a former hazmat technician told a local news outlet. It certainly seems like a company with a $55bn market cap chose to sacrifice the health of thousands of people to keep its profits flowing.We need to try to understand how this happened.For one thing, even the initial derailment wasn’t necessarily just an “accident.” It was a function of our out-of-control corporate culture in the United States, which has neutered effective government oversight of hazardous activities – including the rail transport of highly flammable and carcinogenic chemicals. The EPA’s response thus far has been to send a feckless letter to Norfolk Southern pleading it pay for clean-up.That’s not going to cut it. We need to do better.In terms of the sheer quantity of carcinogenic chemicals being released over an area of hundreds of miles, the catastrophe in Ohio is a major, unprecedented public health crisis. Biden must publicly recognize it as such and act to protect the people who live in the affected area. This requires a rapid, all-of-government response overseen not by the EPA but by independent scientists and taskmasters who will be immune to pressure from industry. This sort of taskforce must be willing to threaten the suspension or even nationalization of Norfolk Southern if it does not cooperate.After battling an oil company over the discharge of toxic waste in the Amazon, I can say with some assurance that Norfolk’s response to this crisis so far comes from a time-tested corporate strategy: manage the situation as a public relations challenge and not the humanitarian and ecological catastrophe that it is. Norfolk’s leadership bailed out of a townhall meeting this week, blaming security risks, and has refused to face residents to answer questions.That’s certainly cowardice. But it is also a function of the fact that industry does not respect the power of government to regulate it. Government is supposed to protect us from the excesses of industry; instead it often acts like its partner.If the consequences of not attending had included a sufficient threat to his bottom line, Norfolk Southern CEO Alan Shaw – who earns a reported $4.5m a year – probably would have been at the town hall. And if the government had been doing its job in the first place, there is a good chance this accident would not have happened. During the Trump administration, Norfolk successfully lobbied to repeal a safety rule requiring new electronic brakes. The train was also dangerously long – with only two crew members, and a trainee, supervising its 1.7-mile length.I’m not a scientist. But I know a fair amount about toxicology and how the world’s polluters use a playbook invented by law firms and consultants to downplay the impact of major disasters and lower their legal liability. Local and state officials – who may be under enormous pressure from these industries in the form of campaign donations – often work alongside polluters to “manage” disasters’ political fallout.It’s a one-two punch of disaster mismanagement that is playing out now, in Ohio, with awful consequences for people and the planet. Here are three takeaways about what is really happening and what needs to be done:Be skeptical of claims by authorities that it is “safe” to return to the area. The EPA and state environmental officials have been opaque about what chemicals are being tested for and by what methods, and news reports haven’t indicated any plans so far for any sort of environmental restoration. We also do not know what new chemical compounds the so-called “controlled” burn may have created, and whether tests have been run for those chemicals. In fact, test results have not even been released publicly.Bottom line: there is no transparent scientific or public health basis for declaring the area safe. Until there is, I wouldn’t go near the site of the disaster.The EPA can help, but cannot oversee a clean-up. Corporate lobbying in recent years has undermined the ability of the EPA to regulate industry. Under the Trump administration, chemical lobbyists took over important jobs on the inside and the agency is severely understaffed. Further, the EPA is required by Congress to “balance” industry needs with public safety. It is not focused solely on protecting the community. It sent a letter to Norfolk pleading with it to pay for a cleanup; a real government would have sent a disaster management team to Ohio to take over.Longer-term, the railway industry needs to be revamped. We have civil-war era braking systems on trains carrying deadly chemicals though our communities. Railway unions and whistleblowers have repeatedly raised safety concerns only to be ignored. A new industry concept called “precision scheduling” has pushed trains and workers to the breaking point to extract greater profits for shareholders, which include some of the largest hedge funds on Wall Street.Our government institutions as currently constituted are unable or unwilling to respond effectively to industrial disasters. It is preposterous for any ostensibly advanced country to let a massive chemical polluter clean up a mess like this on its own terms and without effective oversight. This is not an isolated incident. Unless we demand accountability, it will happen again.President Biden: the ball is in your court.
      Steven Donziger is a human rights and environmental lawyer, a Guardian US columnist, and the creator of the Substack newsletter Donziger on Justice
      TopicsPollutionOpinionOhioUS politicsJoe BidenBiden administrationUS Environmental Protection AgencycommentReuse this content More

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      in Elections

      The Key Senate Races to Watch in 2024

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      Emily Elconin for The New York TimesIn Michigan, which has an open seat, Representative Elissa Slotkin, a Democrat who comfortably won re-election in November, is also taking steps toward a possible Senate run in 2024. Her moves include forming a national campaign team and meeting with leaders across the state, a person close to the congresswoman confirmed last week. More