Hauer to rail companies: No FOIL exemptions for you

Times Union | July 11, 2014 | Column by Casey Seiler

State Division of Homeland Security and Emergency Services Commissioner Jerry Hauer has informed the rail companies CSX Transportation and the Canadian Pacific Railway Company that their required disclosures of routes can’t be exempted from state FOIL requirements. The companies, which ship large amounts of crude from the Bakken fields through New York State, are asking states along their routes to sign non-disclosure agreements.

Last month, CSX spokesman Rob Doolittle said states that do not sign will not receive the information. But federal rules impose fines of up to $175,000 a day on railroads that do not supply reports to a state.

Here’s Hauer’s statement on the decision:

“After careful consideration of the request from both CSX Transportation and the Canadian Pacific Railway Company for the State Emergency Response Commission (Commission) to enhance protection of or enter into a non-disclosure agreement (NDA) covering the information the railroads are providing to New York State pursuant to the USDOT’s May 7, 2014 Emergency Order, the State has concluded that the information provided does not necessitate additional information security measures to ensure the protection of public safety. Therefore, the State will not agree to any such NDA, whether expressly requested or implicit. The State’s review concluded that the information is not sensitive security information, will be distributed to local emergency planners, and must be made available to the public through the FOIL process.”


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PAUSE, People of Albany United for Safe Energy
PAUSE is a grassroots group of individuals who have come together to promote safe, sustainable energy and fight for environmental justice. We engage the greater public to stop the fossil fuel industry’s assault on the people of Albany and our environment.