(The Associated Press circulated the following article on March 8.)
MINOT, N.D. — Congress should examine a federal law that protects railroads from lawsuits, says Sen. Byron Dorgan, D-N.D.
Dorgan said he has asked the Congressional Research Service to investigate the Federal Railroad Safety Act after a federal judge in Bismarck cited the law Monday in the dismissal of a class action lawsuit filed against Canadian Pacific Railway by Minot residents.
Hundreds of lawsuits were filed against Canadian Pacific in Minnesota, the railroad’s U.S. headquarters, and in North Dakota. Minot-area residents claimed negligence on the part of the railroad and emotional distress after a 2002 derailment and chemical spill on the edge of the city.
In his ruling, U.S. District Judge Daniel Hovland said the Federal Railroad Safety Act pre-empts state law, making the railroad immune from legal action.
“As a result, the judicial system is left with a law that is inherently unfair to innocent bystanders and property owners who may be injured by the negligent actions of railroad companies,” Hovland wrote.
Another wave of state cases in Minnesota is to be heard May 1, but Canadian Pacific attorney Tim Thornton said he believes they will end up in federal court.
Thornton said the 8th U.S. Circuit Court of Appeals has asked for legal briefs on whether federal law covers the cases.
“We just filed our brief, and I think, ultimately, all these cases will end up in federal court,” Thornton said.
Fargo attorney Mike Miller, who represents the Minot residents suing the railroad, said he expects to file a class action lawsuit in Minnesota state court.
“We’re in this for the long road, and the road’s just gotten a little longer. but the fact is that we’re not going away,” Miller said. “We’re going to be pushing hard on a number of fronts and continue the battle.”
Dorgan has asked the research service to report by Wednesday on how the railroad act has been interpreted in the past. The report will determine his next move, he said.
“If this is what the pre-emption does, then I think it should be changed because I don’t think it’s fair to people not to be able to use the court system to seek redresses,” he said.
“This is a result that stands logic on its head. Why should the railroads be given some sort of special defense in a court of law?”
Rep. Earl Pomeroy, D-N.D., also said he would take a look at the railroad law.
“It’s a real stunner to learn that federal law appears to give railroads this broad immunity for its operations,” he said. “The judge has send his clear directive to Congress to fix this, and that’s exactly what I am going to do.
“I don’t think anyone can argue that the railroad didn’t have any responsibility in a situation like this one,” Pomeroy said. “I have seen firsthand what these people went through. … They were put through a terrible trauma, and they should have remedy.”