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U.S. Judge Demands to See Rail Safety Plan
A U.S. federal judge yesterday demanded that government lawyers submit to him a copy of the plan to protect railways in Washington, D.C. from attacks on trains carrying toxic chemicals, the Washington Post reported (see GSN, Aug. 10). A U.S. Justice Department lawyer told District Judge Emmet Sullivan that the government would probably not provide a copy of the plan. An irate Sullivan demanded that it be delivered by 10 a.m. today, according to the Post. “The government doesn't want me to see the plan, says they don't have to give it to me, which I quite frankly find offensive,” Sullivan said. “I want to see the plan with my own eyes, and I'm not going to rely upon the assertions of government lawyers.” Rail operator CSX reportedly submitted the plan to the federal government, which is considering which sections can be made public. However, Sullivan said he needs to see that the plan actually exists. “Who's scrutinizing these plans to determine if they are plans or illusions?” Sullivan asked. “It seems bizarre.” The District of Columbia Council early this year approved a ban on rail shipments of certain chemicals that could cause death and injury if released during a terrorist attack. CSX sued to overturn the prohibition. Sullivan in April rejected requests for an emergency order to block the ban, saying that the added costs CSX incurred by rerouting trains while awaiting a ruling on its suit did not outweigh the city’s responsibility to protect residents, according to the Post. An appeals court overturned Sullivan’s decision, determining that CSX and the federal government would successfully make the case that the city had exceeded its authority, and ordered that the ban be suspended until the lawsuit was resolved. With the case back before him, Sullivan questioned federal oversight of rail security and whether the plan submitted by CSX was sensitive enough to warrant withholding from the public, according to the Post (Carol Leonnig, Washington Post, Sept. 22).
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