Street roots., June 16, 2017, Page 7, Image 7

Street Roots • June 16-22, 2017
Page 7
News
A Union Pacific
engine travels past
the wreckage o f the
June 3 oil train
derailment near
Mosier. Union
Pacific had sought
to add a second
stretch o f rails
through the area, a
request that was
denied on appeal by
the Columbia River
Gorge Commission
De-railing Goliath
Tribal communities score victories against Union Pacific, fossil fuel projects
BY STEPHEN QUIRKE
S T A F F W R IT E R
n a victory for residents, tribal
communities and environmental groups,
the Columbia River Gorge Commission
upheld a Wasco County decision to deny
Union Pacific it’s permit to run additional
rail lines through the town of Mosier, where
one of its crude oil trains derailed and
burned only a year ago.
The commission will issue its written
decision on the matter by early September.
Created by Congress in 1986, the
Columbia River Gorge Commission oversees
the management and protection of the
National Scenic Area that extends for 83
miles along both sides of the Columbia
River.
On Tuesday, at the Readiness Center in
The Dalles, the commission deliberated on
the fate of a proposed construction project
that would double five miles of track owned
by railroad giant Union Pacific. The project
raised strong opposition from local
community members, who cited the massive
accident one year ago on June 3, when a
train carrying 94 tankers of crude oil
derailed in Mosier, 69 miles east of
Portland. Some of the cars burst and shot
fiery plumes into the air, and continued to
burn for 14 hours. The disaster confirmed
the worst fears of local residents after the
evacuation of the K-8 Mosier Community
I
School.
A June 23, 2016, report from the Federal
Railroad Administration found that the
accident was caused because Union Pacific
had failed to maintain its track, adding that
“broken and sheared lag bolts... are critically the Land Use Board of Appeals - two legal
forums with greater distance from the
important to resolve quickly.”
communities most at risk.
Earlier this year, an investigation by the
The railroad company’s first attempt to
Associated Press found data showing that
wrest control from the Gorge Commission,
nearly 24,000 defects were found on the
was dismissed on March 8. The case is now
nation’s 58,000 miles of oil train routes.
on appeal to the Ninth Circuit Court. On
Union Pacific received the most violation
March 10, Union Pacific appealed to
recommendations at 800, according to the
Oregon’s Land Use Board of Appeals
Associated Press report.
arguing that state permits should be issued
Union Pacific reached an agreement with
regardless of Wasco County’s treaty rights
the Federal Railroad Administration to
concerns. Union Pacific withdrew the LUBA
conduct more inspections and make
appeal after Friends of the Columbia Gorge
improvements to their lines. The company
filed a motion to dismiss - arguing that the
began running trains through Mosier just
Gorge Commission maintained exclusive
two days after the fire was out, and by the
jurisdiction. On April 5, the Ninth Circuit
end of the month more oil trains were
Court denied an additional motion from
running.
Union Pacific that would have expedited
Even prior to the accident, Union Pacific
had sought to expand it’s lines. It applied for their federal case and prevented the Gorge
Commission from making their Tuesday
a construction permit with Wasco County to
ruling.
add additional tracks through Mosier to
At the Gorge Commission hearing, the
facilitate more train traffic. That call was
railroad’s lawyers argued that the tribes
immediately opposed by local leaders.
must meet a high burden of evidence to
Within a week after the June 3 disaster,
demonstrate a treaty rights violation, and
local leaders rallied near the scene led by
chairman of the Yakama Nation, JoDe Goudy repeatedly argued that federal railroad law
should neutralize the laws that protect the
to call for an end to oil train traffic in the
National Scenic Area and authorize the
Columbia River Gorge.
Gorge Commission to protect the scenic
Wasco County Commissioners denied
area for its recreational and treaty-protected
Union Pacific’s permit application in
uses. Union Pacific attacked the use of the
November after hearing from local tribes
National Scenic Area Act to deny their
that the project would harm their treaty
permit by characterizing it as a “state law” -
rights.
despite the fact that it was passed by
Since that November decision, Union
Congress and signed by President Ronald
Pacific has vigorously appealed that ruling.
Reagan in 1986.
It first appealed to the Columbia River
The Commission disagreed - and voted to
Gorge Commission and later attempted to
deny the company’s claim that federal
move the hearing to both federal court and
railroad law prevents Wasco County from
making their finding for tribal treaty rights.
According to Friends of the Columbia Gorge
attorney Steve McCoy, the Gorge
Commission is empowered to protect the
Gorge not only for its scenic values, but for
its treaty-protected uses - with clear
sections of the National Scenic Area Act
naming such terms. Early knowledge of this
may have contributed to UP lawyers
appealing to other courts.”
n June 3, the anniversary of the Mosier
accident, leaders from Gorge
communities joined Goudy, Warm Springs
tribal councilor Carina Miller, and Walla
Walla elder Cathy Sampson-Kruse to
commemorate the disaster, and to draw
attention to the continuing danger posed by
oil trains that still run along the track.
Mosier physician Maria McCormick
explained how she saw the event through
her training as a medical professional.
“The oil crash last year was a sentinel
event,” McCormick said. “We know that
sheared screws were the cause of the spill.
But it was not the root cause. The root
cause of the oil spill and fire last year on
June 3 is that we are transporting oil by
rail.”
That afternoon, Goudy connected the
incident to the Doctrine of Discovery that
legalized the seizing of land and cultural
rights from tribes like the Yakama Nation,
comparing that doctrine to the present-day
O
See DE-RAILING, page 11