8 March 2006
U.S. Senator Calls for Review of Railway Act After Canadian Pacific Ruling
Minot North Dakota USA - Congress should examine a federal law that gives railways immunity
from lawsuits, says Senator Byron Dorgan (D-N.D.).
Dorgan said he 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 company's U.S. headquarters, and in North Dakota. Minot
residents filed the lawsuit, claiming negligence on the part of the company and emotional distress following 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 Canadian
Pacific 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.
Dorgan has asked the research service to report by Wednesday on how the act has been interpreted in the past. The report will determine
his next course of action, 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 defence in a court of
law?"
Representative Earl Pomeroy (D-N.D.) said he will work to clarify the railroad law if necessary.
"It's a real stunner to learn that federal law appears to give railroads this broad immunity for its operations," he
said.
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