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Judge Asks D.C. to Delay Ban on Chlorine Trains From Wednesday, April 6, 2005 issue.

Judge Asks D.C. to Delay Ban on Chlorine Trains


The District of Columbia government and rail operator CSX are mulling a plan from a federal judge to allow for continued negotiations on the city’s ban on trains carrying chlorine and other toxic chemicals, the Washington Post reported today (see GSN, March 24).

U.S. District Judge Emmet Sullivan is asking D.C. leaders to hold off on enforcing the law for 30 days and for CSX to halt hazardous materials shipments through the city over that period.

“This case will either be a model for future litigation, or a model for settling these disputes and improving security for a community,” Sullivan said yesterday. “We need to spend our money and time trying to settle this case so everyone can leave with their heads held high, knowing the security of the District residents remains paramount.”

The ban was to take effect on Monday. Attorneys representing the city indicated they could delay implementation until at least April 20, the Post reported.

Lawyers for the District, CSX and Justice Department — which is backing the rail firm in its lawsuit to overturn the ban — said they would have responses tomorrow to Sullivan’s 30-day proposal.

After receiving a federal briefing Monday on rail security efforts, Sullivan also asked the White House to instruct the Justice Department to inform District officials on work being done to protect railways in the city.

“I can settle this case, but I can’t do it alone,” Sullivan said. “I need the president’s help. … There is no way I can broker this deal if the District is left totally in the dark about what the federal government is doing. They have to know what I know” (Carol Leonnig, Washington Post, April 6).


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