(The following editorial appeared on the Minot Daily News website on July 31.)
MINOT, N.D. — Congress has changed a federal law that protected railroads from private lawsuits, and some Minot residents will directly benefit from the change.
The changes in the Federal Railroad Safety Act of 1970 are retroactive to Jan. 18, 2002, the date of the Minot derailment. President Bush is expected to sign the bill this fall.
The changes mean some victims of the derailment will have a new day in court. Some lawsuits against the railroad were trumped by a court’s interpretation of the federal law, which prevented people from collecting in personal injury lawsuits against the railroad. U.S. District Judge Dan Hovland of Bismarck had ruled that Canadian Pacific Railway could not be made to pay damages to people injured in the derailment because under the Federal Railroad Safety Act, the railroad could face regulatory penalties, but was protected against private lawsuits.
The new legislation changes that, and it’s a welcome change indeed. Politicians argued the federal act was never intended to shield railroads from their responsibilities in the case of accidents like the Minot derailment, which sent a toxic cloud of anhydrous ammonia over parts of the city. One person died, and hundreds, if not thousands, were injured.
Many Minot residents have already settled their cases with the railroad, but there are still potentially hundreds of cases working their way through the legal system. This change will help those who were truly injured in the derailment collect what they deserve from the railroad. It was bad law that should have been changed long ago. This is long overdue.