[29] The National Transportation Safety Board (NTSB) noted that the cars "have a high incidence of tank failures during accidents",[30] citing in 2009 their "inadequate design" as a factor in a fatal rail collision outside Rockford, Illinois.
[31] Even before the Lac-Mégantic accident, attempts were made to require redesign or replacement of existing cars in the U.S.; these were delayed amidst fierce lobbying from rail and petroleum industry groups concerned about the cost.
In May 2010, former MMA engineer Jarod Briggs of Millinocket, Maine, explained to the Bangor Daily News that "so much could happen in a twelve-hour shift on one of these trains, such as a washed-out track, downed trees or mechanical failure.
[1] People on the terrace at Musi-Café—a bar located next to the centre of the explosions—saw the tank cars leave the track and fled as a blanket of oil generated a ball of fire three times the height of the downtown buildings.
[4] Some were called in from as far away as the city of Sherbrooke, Quebec,[80] and as many as eight trucks carrying 30 firefighters were dispatched from Franklin County, Maine, United States (Chesterville, Eustis, Farmington, New Vineyard, Phillips, Rangeley and Strong).
[89] According to initial claims made by the railway, the engineer who left the train unattended went to the explosion zone and uncoupled the last nine undamaged tank cars that were still on the tracks at the end of the derailment.
[102] Identification of additional victims became increasingly difficult after the August 1 end of the on-site search and family members were asked to provide DNA samples of those missing, as well as dental records.
[128] While the actual cause of the disaster was still under provincial (Sûreté du Québec) and federal (Transportation Safety Board) investigation, Burkhardt announced the railway had suspended the engineer for allegedly improperly setting the handbrakes on the rail cars.
[132][133] The Sûreté du Québec raided MMA offices in Farnham on July 25 as part of a criminal investigation into the Lac-Mégantic fatalities;[134] the Transportation Safety Board conducted its own search backed by the RCMP (the federal police in Canada) on August 1.
[135] Raymond Lafontaine, a local contractor who lost a son, two daughters-in-law and an employee,[136] raised concerns about the poor condition of MMA-owned track and about the increasing quantity of dangerous goods being transported through downtown areas by rail, not only in Lac-Mégantic but in cities such as Sherbrooke.
[138] Lac-Mégantic mayor Colette Roy-Laroche sought assistance from federal and provincial governments to move the trains away from the downtown,[139] a proposal opposed by the railway due to cost,[140] and asked tourists not to abandon the region.
[169] On July 8, 2013, Canada's monarch, Queen Elizabeth II, issued a message expressing her and Prince Philip, Duke of Edinburgh's "profound sadness [over the] tragic events that have befallen the town of Lac-Mégantic" and hope "that in time it will be possible to rebuild both the property and the lives of those who have been affected.
[183] On May 12, 2014, the Montreal, Maine and Atlantic Railway was charged with 47 counts of criminal negligence; engineer Thomas Harding, manager of train operations Jean DeMaître and rail traffic controller Richard Labrie were arrested and appeared in Lac-Mégantic's court.
[186] The United Steelworkers union in Quebec, which represents the engineer and controller, has denounced the failure to lay charges against CEO Ed Burkhardt,[187] and is raising funds for the legal defence of unionised workers whom it identifies as scapegoats.
[190] On June 22, 2015, new charges under the Canadian Railway Safety Act and the Fisheries Act "of failing to ensure the train was properly braked before it was left unmanned for the night" were laid against Maine & Atlantic Railway Corp (MMA)'s Demaître, Harding, then-chief executive officer and president Robert C. Grindrod, Lynne Labonté, general manager of transportation, Kenneth Strout, director of operating practices and Mike Horan, assistant director.
The locomotive engineer, rail traffic controller, and operations manager were each charged with 47 counts of criminal negligence causing death and faced a sentence of life imprisonment if convicted.
[199] MMA's Labrie, Demaître, Harding, Grindrod, Labonté, Strout and Horan faced a Canadian federal Fisheries Act charge, with a potential maximum penalty of $1-million fine, for "the crude oil that flowed into Lac-Mégantic and the Chaudière River after the accident.
The spill travelled down the river and reached the town of Saint-Georges 80 km (50 miles) to the northeast, forcing local authorities to draw water from a nearby lake and install floating barriers to prevent contamination.
While US authorities have made Maine track inspection data available quickly, the Canadian government is expected to take eight months to a year to comply[needs update] with the Access to Information Act enquiries.
[248] While Dourdan has provided no immediate aid, its local government intends to support secondary efforts such as reconstruction of the town's library,[247] which suffered nearly two and a half million dollars in damage and is a complete loss.
Under that law, a company conducting activities or holding materials which could cause a major disaster would be required to disclose these risks to municipalities, indicating the potential damage and any contingency plans.
[268] A committee of local mayors representing the Quebec municipalities along the line (Lac-Mégantic, Farnham, Saint-Jean-sur-Richelieu, Sherbrooke, Magog, Sutton and Cowansville) have called for a similar investigation by the government of Canada.
[271][272] On July 7, Canadian Prime Minister Stephen Harper described the area as a "war zone" and claimed the federal Cabinet would have the proper authorities "to conduct a very complete investigation and act on the recommendations".
[282] The federal government had been subject to intense lobbying by CPR and the Railway Association of Canada prior to the disaster, with railway association lobbyists meeting with multiple federal officials “to inform about the movement of dangerous goods, including voluntary and regulatory requirements, volumes, customers and safety measures to assure them that current regulations for dangerous goods transportation are sufficient.”[283] A similar situation exists in the US, with nearly $47 million/year in lobbying to delay safety measures such as positive train control.
[297] In Canada, a class action lawsuit was filed by Daniel Larochelle (a Lac-Mégantic attorney whose office was destroyed by the derailment and fire) and a group of Canadian and US law firms on behalf of Musi-Café proprietor Yannick Gagné and one of the widowers from the disaster, Guy Ouellet.
It also targeted Union Tank Car Company, Trinity Industries and GE Capital Rail Services, claiming "non-reinforced older model DOT-111 tankers were wholly unsuitable for the transport of these highly explosive shale liquids".
We’re trying to analyze that right now.”[306] On August 7, hours after Quebec health minister Réjean Hébert stated that the province may sue to recover costs of its aid to victims,[307] MMA filed for bankruptcy protection under US Chapter 11 and Canada's Companies Creditors Arrangement Act.
[309] In November 2015, the government of Quebec sued Canadian Pacific Railway alleging it was negligent in transferring the oil train to the Montreal, Maine, and Atlantic and that it failed to take precautions that would have prevented the disaster.
[316] The U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration launched a 'Bakken blitz' of inspections of North Dakota oil trains in August 2013, citing ongoing concerns about improper identification of the chemical composition and flash point of flammable cargo.
[338][339] A temporary "Musi-Café d'été"[340][341] hosted numerous Quebec musicians, including Marie-Mai, Louis-Jean Cormier, Karim Ouellet, Vincent Vallières, Michel Rivard, Dan Bigras, Richard Desjardins, Claude Dubois, Paul Piché and Fred Pellerin, in a series of free benefit concerts in a 150-seat tent from August 2 until mid-September 2013, raising money for local rebuilding efforts.