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department of transportation
Secretary Buttigieg, Act Now to Secure Justice for Shiloh Before Trump Takes Charge
I doubt you would want your legacy to read, “USDOT Secretary Pete let the Black Shiloh community and homeowners drown.”
Nov 18, 2024
Dear Secretary Pete Buttigieg,
I understand you and your top-level appointed officials at the U.S. Department of Transportation are preparing to leave their positions given the results of the November 5 elections. Again, I am pleading with you to fully resolve the highway flooding problem and secure the funds for binding commitments to cover flood damages to homes, businesses, and property in Elba, Alabama’s historically Black Shiloh community before the Biden-Harris administration comes to an end on January 20, 2025. We have two months to get justice for the Shiloh community. Let’s not fail them. Remember, they have been flooded for six-plus years.
Again, the matter of highway flooding in my hometown of Elba is no stranger to you and the USDOT. On February 27 this year, the Bullard Center sponsored a small delegation of Shiloh leaders to meet with Assistant Secretary Christopher Coes and high-level USDOT officials in Washington, D.C. And on April 3 of this year, you and several high-ranking members of your staff, including Assistant Secretary Coes and Federal Highway Administrator Shailen Bhatt (who has already left FHWA), participated in our “Journey to Justice” tour of the Shiloh community, talked with flood impacted residents, and saw firsthand the devastation left behind by six-plus years of highway flooding. It’s not a pretty picture—a shameful and dark reminder of misuse and abuse of federal transportation tax dollars.
Yes, racism created the highway flooding problem in Shiloh and it will require environmental justice to fix it.
Through no action or fault of their own, Shiloh residents are helpless as their beloved community becomes a small lake after a rainstorm—all due to racism, reckless design, and expansion of U.S. Highway 84 (that began in 2018 by the Alabama Department of Transportation or ALDOT) under the first Trump administration USDOT. And worse, lack of government response to the Shiloh residents’ complaints about flooding and damage to their homes and property add to growing mistrust of government—including restrictive covenants ALDOT attached to residents’ deeds and an unconscionable property settlement agreement that limits the ability of current and future residents to file actions against the state. The persistent flooding is also responsible for causing residents to lose homeowners insurance coverage, making them even more vulnerable to future economic losses due to climate change.
There is an abundance of documentation and irrefutable evidence to show flooding was not a problem in Shiloh before the Alabama DOT (ALDOT) widened U.S. 84 from two lanes to four lanes and elevated it, placing the once-flat land in the Shiloh community in a bowl and forcing stormwater downhill to flood its residents. To understand this highway flooding problem, one need not be a highway planner, engineer, hydrologist, or lawyer. It’s common-sense knowledge that gravity is forcing water downhill—in this case forcing highway stormwater into the Shiloh community.
By applying the widely accepted “polluter pays principle,” it’s clear who caused the problem and where the responsibility for addressing the flooding problem rests. ALDOT caused highway flooding in the Shiloh community and should be tasked with fixing the highway and required to pay for the damages and losses suffered by the Shiloh home, business, and property owners.
The hard-working Shiloh residents deserve better. They should not have their hard-earned tax dollars used to build a highway project that’s destroying their community and stealing their inheritance and intergenerational wealth. It would be shameful and immoral to allow the flooding problem in Shiloh to carry over into the second Trump administration, when it could be fully resolved on your watch under the Biden administration. I doubt you would want your legacy to read, “USDOT Secretary Pete let the Black Shiloh community and homeowners drown.” Yes, racism created the highway flooding problem in Shiloh and it will require environmental justice to fix it.
The October 4 Voluntary Resolution Agreement (VRA) between FHWA and ALDOT was reached on a civil rights discrimination complaint filed by Shiloh homeowners against the tate agency more than two years ago. The VRA represents binding commitments to fix the highway stormwater drainage system. It’s understandable why Shiloh residents see the VRA only as a partial civil rights victory, since the agreement does nothing to resolve or compensate residents for property losses or damaged homes and businesses. This is a textbook example of highway robbery. A just solution requires putting in place binding commitments to fully compensate Shiloh residents for more than six-plus years of flood losses and damages to their homes, businesses, and property, and offering voluntary buyouts and relocation for those who seek it. That’s the just, fair, and equitable thing to do.
Again, it is important the VRA fix the highway stormwater drainage problem. And it is equally important that binding commitments and an agreement to address damaged homes, property, and businesses be reached before this administration ends because it is unlikely the next USDOT under a second Trump administration would be inclined to resolve highway flood damages and losses of Shiloh residents that were caused by ALDOT under the first Trump administration USDOT.
Finally, ALDOT caused the problem and ALDOT should be held accountable to pay for a comprehensive solution—not a “partial fix” as contained in the VRA. The pressure is mounting for Secretary Pete to act as the clock is ticking for you to step up and make the flooded Shiloh community residents whole before this administration’s time runs out for them on your watch. It’s the just thing to do and the right time to do it. And you need to act with the urgency of now! Let’s not have the record show “you left Black people in Shiloh to drown” on your watch.
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Two Years Later, Biden Has Yet to Appoint Key Safety Regulator at DOT
Despite all of the media attention on the horrible derailment in East Palestine, Ohio there has been little attention on the leaderless agency tasked with preventing such disasters.
Apr 08, 2023
More than halfway through President Biden’s term, there remain numerous critical appointed positions across the executive branch that remain empty. My colleagues have written extensively about the scope of this confirmation crisis. Some notable remaining vacancies include a seat on the Federal Communications Commission, around two dozen US Attorneys, and a seat on the National Transportation Safety Board. While much of this is due to obstruction by Senate Republicans, the importance of advancing good nominees remains. The fixes to the procedural delays are beyond Biden’s control (though not necessarily beyond Senate Majority Leader Chuck Schumer’s). But fighting to get the right people into positions of authority is still a top priority. As the mantra goes: personnel is policy.
But there is one critical, if low-profile, position that has not had a nominee at all: administrator of the Pipeline and Hazardous Materials Administration (PHMSA). Interestingly, despite all of the media attention on the horrible February derailment of a Norfolk Southern train in East Palestine, OH — including increased coverage of the response effort from the National Transportation Safety Board (NTSB), the Environmental Protection Agency (EPA), and the Department of Transportation (DOT) — there has been little attention on PHMSA itself.
PHMSA is an administration within DOT and is directly responsible for regulating dangerous trains. The weakened rule around high-hazard flammable trains is the work of Trump’s PHMSA. New rules addressing those shortcomings will also fall on its plate. And PHMSA’s authority extends well beyond just those rules, as it is responsible for regulating the safety (as its name implies) of pipelines and a litany of other transportation issues around moving dangerous materials. This includes flammable fuels like oil, natural gas, and coal, as well as radioactive substances and dangerous chemicals such as ammonium nitrate-based fertilizer. It’s a small and obscure agency, but undoubtedly a very important one.
The fact that such an important post as the PHMSA administrator has been purposefully left vacant is telling. It shows a lack of recognition around the post’s seriousness. And while the blame ultimately goes all the way to the White House, we would be remiss to absolve Secretary Pete Buttigieg. Presidents are famously busy and rely on input from their cabinet to determine what personnel decisions need to be prioritized. This is especially the case with technical offices, where the President depends on the subject matter expertise of their cabinet secretaries.
Additionally, President Biden, by not naming a nominee, has entrusted Buttigieg with deciding leadership at PHMSA. Unlike other administrations within DOT, the deputy administrator of PHMSA is appointed by the Secretary of Transportation without any need for presidential consultation or approval.
Tristan Brown, PHMSA’s deputy administrator, was handpicked by Buttigieg. That means that even more than is the case with other DOT administrations, the successes and failures of PHMSA ultimately go back to Buttigieg. As an aside, entrusting the deputy administrator with the full workload of the administrator here is a departure from Secretary Buttigieg’s handling of a similar vacancy at the FAA, where the deputy was bypassed for acting administrator, despite federal statute stating he should have gotten the job. PHMSA has no such explicit statutory language for its deputy. Also unlike PHMSA, the Transportation Secretary does not appoint the deputy FAA administrator — the President does.
While there have been encouraging signs lately of Buttigieg leaning more into his role of a regulator, including blocking the proposed Spirit-JetBlue merger, he still has a lot of work to do. Seeing Buttigieg talk about the rail industry obfuscating regulation and publicly pressuring airlines to get rid of junk fees shows he can take on the corporations he oversees. But for two years now, he has spent much of his term as an administration spokesperson on TV while allowing critical DOT business, like banning those junk fees, recovering billions of dollars owed to consumers, and improving rail brake regulations, to slip through the cracks.
Buttigieg is good with the media, including Fox News, and that has value to the administration, but the technocratic processes he oversees cannot come at the expense of a good media hit. The post he signed up for is a notoriously low profile one, partly because of how down in the weeds it can get. It’s fine for Buttigieg to have a higher media presence, but he cannot choose cameras over his unique legal obligations to regulate avaricious transportation companies.
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Rail Workers Warn Safety Bill Loopholes Are Big Enough to 'Run a Freight Train Through'
"If the language is not precise, the Class 1 railroads will avoid the scope of the law without violating the law, yet again putting the safety of our members and American communities into harm's way," said one union leader.
Mar 03, 2023
Amid heightened national focus on railway safety in the wake of the East Palestine, Ohio disaster and other recent accidents, one railroad workers' union warned Friday that, while welcome, a bipartisan rail safety bill has "loopholes big enough to operate a 7,000-foot train through."
The Railway Safety Act of 2023—introduced earlier this week by Sens. Sherrod Brown (D-Ohio), J.D. Vance (R-Ohio), Bob Casey (D-Pa.), Marco Rubio (R-Fla.), John Fetterman (D-Pa.), and Josh Hawley (R-Mo.)—is meant to "prevent future train disasters like the derailment that devastated East Palestine."
The legislation would impose limits on freight train lengths—which in some cases currently exceed three miles. The measure was introduced a day after Democratic U.S. Reps. Ro Khanna (D-Calif.) and Chris Deluzio (D-Pa.) put forth a bill that would require the U.S. Department of Transportation (DOT) to impose stricter regulations on trains carrying hazardous materials.
"We welcome greater federal oversight and a crackdown on railroads that seem all too willing to trade safety for higher profits," Eddie Hall, national president of the Brotherhood of Locomotive Engineers and Trainmen (BLET), said in a statement.
\u201cWith loopholes big enough to operate a 7,000\u2019 train through, this legislation essentially codifies a path to single person crews on many if not a majority of trains.\u201d— Railroad Workers United \u270a (@Railroad Workers United \u270a) 1677874220
While BLET appreciates that Brown's bill includes language stipulating that "no freight train may be operated without a two-person crew consisting of at least one appropriately qualified and certified conductor and one appropriately qualified and certified locomotive engineer," the union warned of "significant" exceptions in the proposal. For example, the bill as currently written would only apply to operations on long-distance freight trains.
BLET said it "will seek changes to the wording of the two-person crew language to tighten the loopholes."
"If the language is not precise, the Class 1 railroads will avoid the scope of the law without violating the law, yet again putting the safety of our members and American communities into harm's way," Hall argued. "You can run a freight train through the loopholes."
In 2015, the Pipeline and Hazardous Materials Safety Administration and the Federal Railroad Administration finalized a rule requiring the installation of electronically controlled pneumatic (ECP) braking systems on trains carrying hazardous materials.
Corporate lobbyists subsequently pressed the Obama administration to water down the rule, which was repealed entirely during the Trump administration's regulatory rollback spree.
\u201cThe proposed amendments are opposed by 5 major rail unions:\n\n@BLET (a member of @Teamsters)\n\nBrotherhood Railway Carmen Division (BRC/TCU/IAM) - a division of Transportation Communications Union (@TCUnionHQ)\n\n@smartunionworks \n\n(Others listed are not on Twitter)\u201d— Salem Snow (@Salem Snow) 1677870953
Current U.S. Transportation Secretary Pete Buttigieg has not made reinstating the ECP rule a priority. Instead, DOT regulators are considering a proposal backed by the Association of American Railroads, an industry lobby group, that would reduce brake testing. Five major rail unions including BLET strongly oppose the proposal.
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