Earl Pomeroy: “At 1:39 a.m. on January 18, 2002, a Canadian Pacific Railway freight train derailed in Minot, North Dakota. The freight…”

“At 1:39 a.m. on January 18, 2002, a Canadian Pacific Railway freight train derailed in Minot, North Dakota. The freight train derailed 31 freight cars, including 15 cars containing anhydrous ammonia. As a result of this accident, the people of Minot were exposed to the largest catastrophic release of anhydrous ammonia in U.S. history. They were not at fault. They were sitting ducks in their own homes. After the area cleared, one individual, John Grabinger, had died, and many, many others suffered injuries, including individuals who sustained second degree burns to their skin. And many others are still suffering from long-term permanent physical damage. Some courts are ignoring congressional intent and denying Americans grievously injured in railroad accidents their rights under State law, even when it is undisputed that the cause of the accident was the railroad's wrongdoing. By preempting State law, these courts are leaving injured North Dakotans and others with no remedy at all, since the Federal Railroad Safety Act itself does not provide a remedy or cause of action for victims.”