21 December 2006
N.D. Attorney General Backs Supreme Court Appeal Against CPR on Ammonia Spill
Bismark North Dakota USA - Attorney General Wayne
Stenehjem is supporting a U.S. Supreme Court request by Minot residents who are suing Canadian Pacific Railway in connection with a
January 2002 anhydrous ammonia spill.
The accident ruptured several tanker cars that carried the chemical, sending a toxic cloud over the city. One man died and hundreds
were injured.
Last May, the 8th U.S. Circuit Court of Appeals ruled that lawsuits filed against the Canadian Pacific in Minnesota state court should
be handled in federal court. The railway subsequently filed a motion to dismiss the lawsuits, which is pending.
Stenehjem said Wednesday that if the litigation remains in federal court, many Minot residents who were injured in the derailment may
never be compensated.
"These folks, after five years, may wind up in federal court, only to be told... that federal law doesn't allow them to recover
anything," the attorney general said.
Nineteen other states, including Minnesota, Montana and South Dakota, signed a "friend of the court" brief by Stenehjem that
backs the Minot residents' cause.
The Minot plaintiffs asked the U.S. Supreme Court on 16 Oct 2006 to review the federal appeals court's ruling. A decision
is pending.
Other states that signed the North Dakota brief were California, Indiana, Iowa, Maryland, Mississippi, Missouri, Nevada, New
Hampshire, Oklahoma, Oregon, Utah, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.
|
