Longshoremen Union-Backed Attempt to Recall Washington Sherriff Fizzles

An ILWU-backed effort to recall the Cowlitz County, WA Sheriff failed this week after a Washington judge ruled that none of the charges raised by the Longshormen's local met any of the legal requirements for a recall election.

[Judge] Warning said his ruling was based on the fact that union offered no witnesses to demonstrate there was a good-faith belief that the claims were based on actual incidents. Warning also said elected officials have broad discretion to carry out their duties and can't be recalled based on actions of their subordinates, such as deputies making arrests.

[Sherriff] Nelson said after the ruling that he was relieved to be able "to get back to work." He added the recall was a "distraction" that's "taken up far, far too much time, and I want to get back to doing the things the sheriff ought to be doing."

During the hearing he said that he's urged both sides to follow the law since the protests began but had to make arrests "once unlawful actions began."

"I respectfully submit I've done nothing wrong except work to keep the peace," Nelson told Warning.

There has been some speculation the recall and a federal civil rights lawsuit were attempts to intimidate law enforcement to back off at future protests.

"If that's true, those people don't know me very well," Nelson said after the hearing.

Union officials said they were disappointed with the ruling and needed time to "regroup" before deciding if they'll appeal to the state Supreme Court.

During the hearing, ILWU lawyer Laurie Davis repeatedly said Nelson had failed to protect union members from harm and that voters should get to decide if he remains in office. She acknowledged that many union supporters have been arrested, but said it was how they were arrested and treated that the union questioned.

"Just like we are accountable for the behavior we did, he's accountable for not supervising his subordinates and keeping them from injuring us," Davis said. "It's his job to protect every citizen in Cowlitz County, and that includes ILWU members."

Warning said he was surprised the union didn't have any witnesses, saying the roughly hour-long hearing concluded much more quickly than he had expected. Officials had reserved the courtroom for the entire day.

The recall effort was launched just weeks after members of ILWU Local 21 raided a grain unloading facility in Longview, WA with baseball bats and axe handles taped to picket signs before dumping grain and cutting the air lines on a parked freight train and wrecking a vehicle belonging to one of the port's security gurads.

Longshoremen Union Blockades Washington Port, Hold Security Guards Hostage, Dump Carloads of Grain and Clash With Police

At least 500 members of the International Longshore and Warehouse Union stormed the Port of Longview, WA, smashing windows on the property while holding security guards hostage and cutting air lines rail cars in the port and dumped grain while blocking trains from entering the port.

Approximately 50 policemen responded to the scene, although no arrests were made as the Longshoremen returned to ILWU Local 21 hall.

The Longshoreman's union assault on the port facilities is the latest in a long simmering dispute between the union and the owners of the grain transloading facility in the port, EGT Development. EGT is already using contract union labor in their facilities with 25 of the 35 jobs going to members of Local 701 of the International Union of Operating Engineers based in Gladstone, OR.

On September 1, a federal judge issued an temporary restraining order against ILWU Local 21.

A federal judge in Tacoma Thursday issued a temporary restraining order against the local longshore union that may clear the way for grain deliveries to the new $200 million EGT grain terminal at the Port of Longview.

The order, which will be in effect for 10 days, prohibits union members from engaging in "unlawful ... picket line violence, threats and property damage, mass picketing and blocking of ingress and egress at the facility of EGT," U.S. District Court Judge Ronald B. Leighton wrote.

Leighton's order also restricts International Longshore and Warehouse Union members from "restraining or coercing the employees of EGT, (its subcontractor General Construction), or any other person doing business in relation to the EGT facility."

A second hearing in whether or not the restraining order was to be made permanent was supposed to be held on Thursday September 8, the same day the longshoremen stormed the port of Longview.

The day after the ILWU attacked the Longview port, a camera crew from KGW TV in Portland, OR went to the Local hall in the hopes of interviewing one of the longshoremen. What happens next is embedded in the video below and is emphatically Not Safe For Work.



Since July 11, at least 100 members of the ILWU Local 21 have been arrested around the port of Longview and attempting to block the BNSF tracks into the port. On Monday, the National Labor Relations Board filed suit against the ILWU, alleging multiple incidents of vandalism, harassment and intimidation against EGT employees. A hearing is scheduled for October 11 in Portland, OR.

Union Pacific, BNSF Threatened With Nuisance Suits From Environmental Extremist Organization 'Natural Resources Defence Council'

Union Pacific's North Yard, Denver, CO: Photo- Chicago Super Chief

A so-called environmental group operating under the moniker of the Natural Resources Defense Council has sent letters threatening a federal lawsuit to two of the Wests largest railroads on Tuesday.

The Natural Resources Defense Council sent letters to Union Pacific Corp. and Burlington Northern Santa Fe Railway, saying it will file a lawsuit within 90 days under the Resource Conservation and Recovery Act, which regulates hazardous solid waste disposal. The letter cited rail yards across California from Oakland to San Bernardino.

In what could be a precedent-setting lawsuit, the council argues that minute particles in diesel air pollution, which include lead, cadmium, nickel and other toxic elements, are solid waste. If successful, such a suit could open the door for legal action against similar air pollution sources such as ports, airports or anywhere with a lot of diesel equipment, [emphasis mine- NANESB!] said David Pettit, a senior attorney with the council.

"I think the reason why other people haven't tried it is on first glance you would think that the emissions are a gas and RCRA doesn't apply to gases," Pettit said. "The fallacy with that is the exhaust has two components: one is a gas and the other component is a solid and those solids will kill you if you inhale enough of them."

The railroads carry cargo throughout the country after it's imported from Asia. Millions of cargo containers on trucks and trains travel by freeway and railway through Southern California.

Southern California air quality regulators recently announced a major study focusing on a San Bernardino rail yard that has been found to pose the greatest health risk of any rail yard in the state. The two-year study will cost an estimated $846,000, and researchers are hoping it will determine if there is a higher asthma and fatal cancer rate in the surrounding community.

The letter recommends a series of remedies for the pollution including the use of cleaner locomotives, electrifying rail lines in urban areas and reduced idling

That last sentence sort of gives away the fact that this threatened lawsuit won't be about the harmful particulates in diesel exhaust, since their suggestion to electrify railroads in urban area would require that a power plant be constructed to provide the lines with electricity. So if they had their way per this threatened lawsuit, they would electrify urban rail lines to prevent diesel exhaust, but what about the air quality around the power source?

And as you can imagine, electrification isn't cheap. Couple that with the upcoming $13 billion PTC mandate that is supposed to be implemented by 2015, and the railroads will inevitably have to to pass the cost along to the consumer.

According to a 2008 American Association of Railroads study, rail freight fuel efficiency had improved 3.1% since 2006 and nearly 85% since 1980, with a ton of freight moving as far as 436 miles per gallon of fuel (as impressive as that is, barges are reportedly even more fuel efficient). Both the Union Pacific [NYSE: UNP] and BNSF have been using genset locomotives in yards and in local service in compliance with local clean air regulations in places like Texas and California.

Also, the railroad industry is one of the few sectors of the economy that seems to be hiring right now. Yet despite all the apparent pluses the rail industry has going for it in this down economy, the NRDC decided to undertake a series of frivolous lawsuits as a trial balloon to go after airports, trucking and shipping- by their own admission.

At face value, if the NRDC chooses to bring this suit to trial it should be laughed out of the courtroom by the presiding judge. However, I would not put it past this cabal of latter-day luddites to effectively shop around for a sympathetic judge to bring the suit before.

The NRDC has also mounted an opposition campaign to TransCanada's [NYSE: TRP] Keystone XL pipeline that would carry oil sands from Alberta to refineries in Texas.

It's probably worth noting that one of the founders of the NRDC, John Bryson, is the current Obama Administration nominee to head the Commerce Department. Bryson left the group in the mid 1970s and after time with Edison International [NYSE: EIX], he became CEO of Brightsource Energy and described by the Wall Street Journal as 'somebody with a talent for scoring government subsidies'.

Today's Train of Thought- The Farm Team, June 21st 2011

Today's train of thought brings us to America's heartland and the aptly named Farmrail shortline. With a name like Farmrail (and it's affiliate, Grainbelt) it should come as no surprise that the primary source of traffic in its 30 year history has been wheat, fertilizer, grain and feed. However, there is much more to Farmrail than moving agricultural goods.

Started in 1981 with the dissolution of the Chicago, Rock Island & Pacific, Farmrail began operations on a pair of former Rock Island lines between Elmer, OK and Westhom, OK (running north-south) and Erick to Weatherford, OK (running east-west) with the two lines intersecting in Clinton, OK. A few years later, shortly after the Burlington Northern had acquired the St Louis-San Francisco Railway (Frisco), the BN decided to divest itself of the former Frisco line between Enid, OK and Fredrick, OK which roughly paralleled Farmrail's Westhom-Elmer line. Both the former Rock Island and Frisco lines actually wound up going to the state of Oklahoma, but Oklahoma named Farmrail/Grainbelt designated operators after agreeing to a long-term lease.

Of course, with the recent drought conditions throughout Western Oklahoma affecting the wheat harvest, Farmrail and Grainbelt have shown themselves to be fairly adaptable in hauling other commodities and goods. Most of the railway operates atop the Anadarko Basin, and new drilling techniques have revived activity on some of the dormant rigs in western Oklahoma. Traffic also includes crude oil, frac sand, heavy machinery, crushed stone, freight cars coming in for repairs and gypsum. In fact, with the poor growing conditions, Farmrail recently announced that this would be the second consecutive year that wheat was NOT the primary commodity handled by Farmrail/Grainbelt.

There are about 2 dozen locomotives rostered between thw two railways, just about all of them 4-axle EMD roadswitchers. During some harvest season, both railways would find themselves short on motive power and borrow locomotives from BNSF or Arkansas & Missouri. The railroad started out with rebuilt GP9s purchased secondhand from the Milwaukee Road before adding some former Illinois Central GP10s, a byproduct of IC's Paducah shops. The most recent acquisiton has been a trio or former Iowa interstate GP38ACs.

Here, railpictures.net contributor Steve Bakos caught GP10 #1981 leading Farmrail GP9 #3648 eastbound with an Altus, OK to Snyder, OK-bound mixed freight excercising trackage rights over the BNSF line through Headrick, OK towards the end of September 2010. The #1981 is painted in a special 25th anniversary scheme while it's road number reflects the year that Farmrail began operations, while the trailing unit is painted in the traditional Farmrail scheme that has adorned some of the locomotives for 30 years now.

Today's Train of Thought- Talking Trash, June 8, 2011

Today's train of thought revolves around a commodity that American railroads had overlooked until fairly recently- and for good reason according to some.

The July 2011 issue of Trains had a pretty good write-up on cities that had gradually run out of room for trash and waste at nearby landfills, sending their trash to a handful of out-of-state landfills and how the rail industry was seemingly poised to take advantage.

One of the first metropolitan areas to experiment with using rail to ship garbage out of town was Seattle. Typically, instead of being trucked out of town, the trash was compacted into cubes and loaded into containers for a 300 mile trek to a landfill in Southern Washington. Aside from some tweaks to the trains routing, the flatcars and containers, not much has changed in the last 15 years or so.

To the north, Sonomish County got into the act and began setting up transload facilities where the trash is consolidated and moved south by rail to a landfill in the hills overlooking the Colombia river at Roosevelt, WA.

Here, railpictures.net contributor Andrew Kim caught southbound BNSF symbol freight U- EVEROO (Everett, WA to Roosevelt, WA) snaking along Puget sound in Edmonds, WA with former Santa Fe SD40-2 #6887 leading two cascade green SD40-2s and a string of loaded garbage containers behind them right before sunset on an October 2007 day.

With Mt Baker off in the distance, there is no doubt that that is a very scenic location along the former Great Northern mainline. However, we should probably be glad that this image isn't available in that proposed smell-o-vision format.

Today's Train of Thought- Meanwhile in Valley City; May 24, 2010

Today's train of thought brings us to an impressive span in a state that is synonymous with 'flat'. About 60 miles west of Fargo, the town of Valley City, ND also goes by the moniker 'city of bridges'.

In addition to the smaller vehicle and footbridges closer to the town center that span the winding Sheyenne River, there's the soaring former Northern Pacific Hi-Line bridge north of town. The 103 year old structure is more than 3800 feet long and 162 feet high and was built by the Northern Pacific to bypass the steep grades in and out of the valley on it's Twin Cities-Seattle mainline. In the course of traversing the valley, the bridge (now BNSF's) crosses a county highway, the Sheyenne River and the Carrington Subdivision on Canadian Pacific's former Soo Line route between the Twin Cities and the Canadian border at Portal, ND.

Above, railpictures.net contributor Bryant Kaden caught BNSF SD40-2 #6885 leading an eastbound Jamestown, ND to Fargo, ND local freight as the 2nd generation EMD locomotives come off the eastern end of the trestle on June 10, 2010. The CP Rail's Carrington Subdivision is just visible in the bottom left of the image.


As a bonus, railpictures.net contributor Jerimiah Rindahl caught the same train at the same time from a slightly different location, offering an even more panoramic view of the surrounding countryside.

I'll let you compare and contrast the two images and see which one you find more appealing.

Iron Horse Roundup For March 2011- China's High Speed Graft Problem; BNSF Crew Killed in Shuttle Wreck; Southern Consolidated Returns to Steam

Railpictures.net photo- Yu Ming

CHINA: A series of internal government audits have found that China's much-vaunted high speed rail projects have been plagued by corruption, embezzlement, misappropriations and cost overruns, China's National Audit Office announced on Wednesday.

China’s state audit office said on Wednesday it had identified numerous cases of embezzlement and other irregularities from just a three-month period of construction on the Beijing-Shanghai high-speed line last year and has passed the cases on to judicial authorities for formal investigation.

China’s railway minister and the rail ministry’s deputy chief engineer were both removed from their positions last month for “severe disciplinary violations” — an allegation that usually results in criminal charges for corruption.

The former minister, Liu Zhijun, is the most senior government official to be implicated in corruption in the past five years and his downfall has raised doubts about the future of the hugely ambitious high-speed rail expansion plans he championed. Neither Mr Liu nor Zhang Shuguang, the former deputy chief engineer at the rail ministry, have been named in connection with the state auditor’s investigation into the 1,318km, $33 billion Beijing-Shanghai high-speed rail project, which is scheduled to open to the public next year.

The line is the longest and most expensive high-speed rail project in the country but it has been dogged by scandals and controversies and singled out in previous state audits for financial “irregularities”. In its latest report the auditor also cited numerous cases of flawed procurement procedures, overcharging, unexplained costs and fake receipts related to the project.

An intense safety review of all projects is under way because of fears that corruption and the speed with which the network has been built will result in poor quality tracks that are meant to carry trains travelling at up to 380 km/h

Chinese High Speed Rail Attendants- Xinhua Photo

According to the state-run Xinhua News Agency, auditors say that embezzlers made off with the equivalent of $28.5 million for just the Beijing-Shanghai high speed rail project.

As a matter of personal opinion, I think this stands out as a cautionary tale over pinning any sort of long term economic recovery on numerous massive public works projects that would make the Big Dig look well run and fiscally responsible in comparison. It doesn't help that some of the politicians who are the most enthusiastic backers of high-speed rail here in the USA also backed things like TARP, the Stimulus or various government bailouts and have demonstrated zero appreciation for the massive costs involved in building and maintaining a dedicated high speed line.

Photo- Bill Wagner/Longview Daily News

WASHINGTON: Two BNSF Employees and a shuttle driver were killed while a fourth BNSF worker was in critical condition after a BNSF grain train collided with the shuttle van carrying them on March 24th in Longview, WA.

58 year old engineer Tom Kenny, 28 year old conductor trainee Christopher Loehr- both based out of Seattle- and 52 year old Dwight Hauk of Auburn, WA were being picked up by 60 year old shuttle driver Steven Sebastian and take to Vancouver, WA after their shifts when they were struck by the train.

The crossing is a remote, private crossing with no lights or arms that lower and raise on a train's approach. Instead, the crossing features a warning signs on top of a stop sign.

Railpictures.net- John Higginson

TENNESSEE: For the first time in 21 years, Southern Railway 2-8-0 consolidated #630 is under steam. The Tennessee Valley Railroad Museum spent the better part of a decade restoring the 1904-built ALCo to working order, with break-in runs taking place over the last weekend of March 2011.

Almost as noteworthy as the fact that the 2-8-0 is up and running once again is the fact that news of #630's revival was announced on Norfolk Southern's official Twitter page and a short video of the #630 being fired up on the company's official YouTube account. Norfolk Southern had announced last year that it would begin a partial revival of its steam program, using historic equipment form the Tennessee Valley Railroad Museum.

Ermelo in happier, more derailment-free times- Eugene Armer photo

SOUTH AFRICA: A derailment on the Transnet line between Ermelo and Richards Bay in the northeastern corner of South Africa is expected to slow coal exports.

The accident, which occurred on Wednesday near Ermelo in South Africa's northeastern Mpumalanga province, is likely to add pressure on South African coal producers, already struggling to export all their coal due to bottlenecks on the rail lines.

Spokesman Sandile Simelane said one of the two lines would reopen on Friday but could not confirm when the other would reopen.

"We anticipate one of the lines to reopen tomorrow," he told Reuters, adding that an investigation into the cause of the derailment was ongoing.

He declined to comment on how much tonnage would be lost as a result of the derailment. Besides the immediate impact, it also means trains have to be rerouted, causing further disruption to the transport of coal.

South Africa is a major exporter of coal to power stations in Europe and Asia, but exporters have failed to ship all of their product because of bottlenecks on the lines approaching the huge Richards Bay Coal Terminal.

South Africa exported 63.43 million tonnes of coal last year, boosted by demand from China and India, but far below the terminal's expanded capacity of 91 million tonnes.

Industry representatives have said South Africa was unlikely to export 60 million tonnes this year due to frequent problems on the line.

Transnet is investing heavily in new and improved infrastructure, but it will take years before a substantial increase in transported tonnages is seen.

Today's Train of Thought- At A Glacier's Pace; Feb 24, 2011

Today's rather snowy train of thought takes us back to Big Sky country before winter fully kicks in. The weather outside didn't look that frightful as railpictures.net contributor Rick Newton caught BNSF #7923 leading a quintet of BNSF SD40-2s as they grind to a halt just outside of Browning, in Glacier County Montana.

This stretch of the old Great Northern between Minneapolis-St Paul and Seattle was completed in 1893 and featured the Empire Builder as the premier passenger train (who's latest incarnation is being run by Amtrak). The stretch in northwestern Montana skirts the southern boundary of Glacier National Park as westbound trains begin their assault on the Rockies.

Here, the cascade green of Burlington Northern, Santa Fe 'Bluebonnet' and BNSF's Great Northern-inspired orange and Pullman green paint scheme are all represented on five SD40-2s handling an eastbound manifest freight as it grinds to a halt in a siding just outside of Browning, MT on a snowy October 6, 2007 day. The eastbound has just made its way through the difficult terrain and weather at the higher elevations and is entering a siding to let a westbound through.

Speedy, Steamy Iron Horse Update for December 6, 2010.

China Digital Times

CHINA: Engineers in China celebrated late last week as a Chinese-built passenger trainset became the fastest unmodified train in the world, setting a new record at the speed of 302 MPH. In 2007, a modified SNCF high speed train in France reached speeds of 357 MPH during a special test run. The Chinese CRH trainset reached the 302 MPH speed on a recently completed line linking Beijing and Shanghai and reportedly took 22 minutes to accelerate to the record-breaking speed from a standing stop.

The Beijing-Shanghai line opened up nearly a year ahead of schedule and is expected to begin regular service next year. It is estimated that the journey between the two cities will take 4 hours versus the current 10 hour trip.

Steven McCay

More Chinese steam than that dim sum joint!

IOWA/ILLINOIS: Organizers in the Quad Cities have announced details for Train Festival 2011, set to take place in Rock Island, IL from July 21-24, 2011.

Some of the locomotives expected to appear include Nickel Plate Berkshire #765 as well as Iowa Interstate's Chinese built 2-10-2 QJ Class steam locomotives #6988 and #7081 (above), among the last mainline steam locomotives to operate in the world. China Railways retired the QJ locomotives in 2005 and the Iowa Interstate purchased the pair the following year.

The San Bernardino Railway Historical Society also announced that Santa Fe #3751 is expected to make the trip out from California to attend the 2011 Train Festival. Minneapolis/St. Paul-based Milwaukee Road #261 has been the featured power on previous excursions to and from the Quad Cities, but is currently undergoing it's 15 year overhaul and it's not known if it will be ready in time for Train Festival 2011.

Excursions are expected to run between Rock Island and Bureau, IL to the east and Iowa City to the east, as well as shorter excursions to Walcott, IA.

NORFOLK SOUTHERN: The Norfolk Southern has announced plans for a limited return of mailine steam excursions, which were discontinued in 1994. Initially the excursions are supposed to be limited to southeastern Tennessee and use a trio of restored steam locomotives from the Tennessee Valley Railroad Museum.

The TVRM announced that the Southern Railway 2-8-0 Consolidated #630 was ready for steam up testing to check for any potential boiler issues as of November. Norfolk Southern plans on using the #630 along with Southern Railway 2-8-2 Mikado #4501 and former US Army Baldwin 2-8-0 #610- which the TVRM's current steam workhorse- for excursion service.

TVRM #610 leading excusrion through Rock Spring, GA on October 2008. Photo- John Higginson

In fact, the #610 is the only one of the three aforementioned steam locomotives currently operating. The resumption of steam on the NS excursions in Chattanooga and finishing touches on the #4501 and #630's restoration would also coincide with the TVRM's 50th anniversary.