While it doesn't appear to have been widely reported here (or maybe I just missed it), the case between NWP/NCRA and SMART sparked from those tank cars continues to drag out before the STB. There was a conference call between the board and the various parties last week (8 December). As per the STB order setting the schedule for the call, "The conference call will be limited to the areas where the Board seeks factual information related to the common carrier obligation and federal preemption.". Afterwards, the STB "anticipates issuing an order requesting any additional information required to complete the record and establishing a new procedural schedule." There have apparently been waybills and the like exchanged as evidence and/or discovery, and some conflicting protective orders sought by both sides to keep some information confidential. Also worth noting, the County of Napa, City of American Canyon, and American Canyon Fire Protection District have all filed to become parties to the case, all of them raising safety concerns over the LPG tank cars and filing motions supporting SMART. This one could get interesting before it is all over. The various documents are under docket number FD_36077_0 at the STB website.

Happy reading!

Jeff Moore
Elko, NV