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Rail safety reform efforts stalled in Congress a year after Ohio train derailment

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Rail safety reform efforts stalled in Congress a year after Ohio train derailment
  • Congress has yet to take significant action on railroad safety reforms despite ongoing concerns following last year’s train derailment in Ohio.
  • The railroad safety act, which proposes federal standards for two-person crews on freight trains, has not advanced to a full Senate vote.
  • Despite bipartisan support for the bill, opposition from the railroad industry, which is lobbying against certain provisions.

The changes railroads announced after last year’s fiery crash in East Palestine, Ohio, haven’t yet made a major difference, statistics show, and reforms have stalled in Congress.

A few key measures in the latest Federal Railroad Administration statistics, including the total number of train accidents, worsened over the first 11 months of last year compared to the same period in previous years. Meanwhile there were some improvements with other numbers, like total derailments.

The overall picture is that rail safety hasn’t significantly improved in recent years — and as the Norfolk Southern derailment in East Palestine last Feb. 3 and others demonstrate, just one derailment can be disastrous when hazardous chemicals are involved. The small town near the Ohio-Pennsylvania border is still struggling to recover a year later.

BIDEN TO TRAVEL TO EAST PALESTINE NEARLY ONE YEAR AFTER TRAIN DERAILMENT DISASTER

U.S. Transportation Secretary Pete Buttigieg said there was a meaningful 15% decrease in derailments along mainline tracks after Congress responded to a number of high-profile train crashes involving crude oil in the early 2010s. “Progress has plateaued as derailments and preventable incidents are happening at an unacceptable rate,” Buttigieg said, urging Congress to pass the reforms now.

Portions of a Norfolk Southern freight train that derailed on Feb. 3, 2023, in East Palestine, Ohio, are seen here. The major freight railroads all promised safety improvements after the fiery derailment, but they have yet to make a meaningful improvement in the safety statistics and efforts to reform the industry have stalled in Congress. (AP Photo/Gene J. Puskar, File)

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The railroad industry defends its record as the safest way to transport hazardous materials over land — something the head of the National Transportation Safety Board agreed with in recent testimony in the House — though officials acknowledge the railroads need to continue improving safety. And the Association of American Railroads trade group says most of the measures railroads promised to take last spring weren’t completed until late last year, so they aren’t yet reflected in the numbers.

What’s the industry’s safety record?

Safety statistics are mixed for the six biggest freight railroads that dominate the industry — Norfolk Southern, CSX, Union Pacific, CPKC, Canadian National and BNSF.

For the majority of 2023 the total number of train accidents increased slightly to 4,845, including more than 600 deaths.

When comparing 2022 and 2023, the total number of derailments declined about 2.6% — but there were still nearly three derailments a day nationwide. Railroads point out that roughly two-thirds of those crashes happen at slow speeds in railyards and don’t cause significant damage.

How many costly derailments are there?

There were 53 major derailments last year causing damage over $1 million, a surge of nearly 33%. Norfolk Southern has said the cost of the East Palestine derailment has already topped $1.1 billion, and that total will continue to grow with cleanup costs and lawsuit settlements.

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The number of total crashes caused by the same issue as the eastern Ohio derailment more than doubled nationwide last year to 19. Overheating bearing failures remain a small fraction representing less than 2% of all accidents.

Are railroads getting riskier?

All 13 railroad unions have sounded the alarm about the dangers of the lean operating model that has cut roughly one-third of the industry’s rail jobs. The unions say that as a result of these cuts, inspections are rushed — or done by less qualified workers — and everyone remaining is overworked. They also say companies may be neglecting to do preventative maintenance.

“East Palestine was no surprise,” said Jared Cassity, the safety chief at the SMART-TD union, which represents conductors. “The next East Palestine, at least at this pace that we’re going, is imminent to some degree.”

The railroads defend their operating model — which relies on fewer trains that have grown much longer — as simply helping them make the best use of their locomotives, tracks and crews without jeopardizing safety, and the Federal Railroad Administration says safety statistics haven’t gotten significantly worse since they started using it.

But Tony Cardwell who leads the Brotherhood of Maintenance of Way Employes Division union, which represents track maintenance workers, said the railroads are under pressure to cut costs from “vulture capitalist” investors.

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Over the past year, the railroads have agreed to provide paid sick leave to most of their workers for the first time and improve the way engineers and conductors are scheduled in order to help reduce fatigue.

What have railroads done to improve safety?

Last year, the major freight railroads installed hundreds of new trackside detectors to spot overheating bearings, as part of their goal of adding roughly 1,000 of those nationwide to make the average spacing between them 15 miles (24 kilometers) in most places.

All railroads will now stop trains when bearings detect a gap of more than 170 degrees from the outside air, and there are new standards to help them better track when bearings start to heat up to catch issues sooner.

Railroads have also been installing complex portals filled with cameras, other sensors and advanced detectors to spot problems as they’re moving.

Norfolk Southern also took additional steps like hiring a consultant from the nuclear power industry to review its safety practices, establishing a pilot program so employees can anonymously report safety concerns and changing rules for train assembly to better balance the weight of heavy cars and hazardous materials.

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“We’re always going to strive to get better at safety,” Norfolk Southern CEO Alan Shaw told The Associated Press. “There’s no one thing that you do. It’s a bunch of different things.”

Why hasn’t Congress acted?

The railroad safety act has yet to get a vote in the full Senate — or even a hearing in the House. The measure would call for the creation of federal standards for those trackside detectors, increased inspections by qualified employees and two-person crews on every freight train.

Ian Jefferies with the AAR trade group says railroads haven’t opposed the bill outright — but they are fighting several provisions like the two-man crew requirement and locomotive inspection rules. They say such changes aren’t related to what caused the East Palestine wreck. After all, that train had three crew members, and the railcar — not a locomotive — had the flaw. The railroads also want a cost-benefit analysis to be done on the rules.

OHIO RESIDENTS GRAPPLE WITH LONG-TERM IMPACTS OF EAST PALESTINE TRAIN DERAILMENT

House Republicans say they want to wait for the final NTSB report before they act, so they can be sure that any new regulations are directly related to the cause of the East Palestine derailment. The report won’t be out until sometime this summer.

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Democratic Ohio Sen. Sherrod Brown, who was part of the bipartisan group that proposed the bill, blames railroad industry lobbying from keeping the act from advancing.

“It goes down to the power of the rail industry. I mean the fact that Norfolk Southern and other railroads have continued to oppose this bill,” Brown said. “They’ve always put profits over people.”

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Midwest

Kansas law invalidates transgender driver’s licenses and birth certificates

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Kansas law invalidates transgender driver’s licenses and birth certificates

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Kansas has officially invalidated driver’s licenses and birth certificates for transgender residents who changed their sex designation on government documents under a law that took effect Thursday.

Roughly 1,700 individuals in Kansas will be required to obtain a new standard driver’s license at a cost of $26, according to the House Substitute for Senate Bill 244.

The state’s vehicle division informed residents that no grace period will be offered for those who need to update their IDs, according to The Kansas City Star.

“Please note that the Legislature did not include a grace period for updating credentials. That means that once the law is officially enacted, your current credentials will be invalid immediately, and you may be subject to additional penalties if you are operating a vehicle without a valid credential,” the Kansas Department of Revenue’s vehicle division said.

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Trans rights activists take part in a protest April 20, 2024. (Carl Court/Getty Images)

The law also establishes clear rules for shared private spaces in government buildings, restricting their use to a single sex. This applies to facilities such as restrooms, locker rooms, changing rooms and shower rooms where individuals may be partially or fully undressed.

The bill further reinforced a strict definition of sex and gender as an “individual’s biological sex, either male or female, at birth.”

Consequently, individuals or entities who violate the space restrictions may face significant civil penalties or potential criminal charges.

KANSAS JUDGE SAYS TRANSGENDER RIGHTS NOT VIOLATED BY STATE’S REFUSAL TO CHANGE SEX ON DRIVER’S LICENSES

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A drone aerial view of downtown Wichita (Joe Sohm/Visions of America/Universal Images Group via Getty Images)

Individuals are also given the right to take legal action if someone of the opposite biological sex violates their privacy in these spaces.

Democratic Gov. Laura Kelly, whose veto of the bill was ultimately overridden by the Republican-led Kansas Legislature Feb. 18, had previously called it a “poorly drafted bill with significant, far-reaching consequences.”

“It is nothing short of ridiculous that the Legislature is forcing the entire state, every city and town, every school district, every public university to spend taxpayer money on a manufactured problem,” she said. “Kansans elected them to focus on education, job creation, housing and grocery costs.”

SUPREME COURT CONSERVATIVES SIGNAL SUPPORT FOR STATE TRANSGENDER SPORTS BANS DURING ORAL ARGUMENTS

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Kansas Gov. Laura Kelly previously tried to veto a bill that ultimately went into effect Feb. 26, 2026, restricting identification preferences for transgender state residents. (Rich Sugg/Kansas City Star/Tribune News Service via Getty Images)

Under the bill, entering a multiple-occupancy space designated for the opposite sex constitutes a violation. After a first warning, a second offense could result in a $1,000 civil penalty and a third or subsequent violation is treated as a class B misdemeanor.

Anyone who believes their privacy has been violated in such a setting may bring a civil lawsuit against the violator and seek $1,000 in liquidated damages, according to the bill.

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Government entities, such as state agencies or local districts, that fail to align with the new regulations are subject to steep fines. Entities face a $25,000 civil penalty for a first violation and $125,000 for each subsequent violation. 

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The law provides specific exceptions for entering spaces designated for the opposite sex, including custodial or maintenance work, medical or emergency aid, law enforcement duties, assisting someone who needs help or children under 9 accompanied by a caregiver.

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Judge orders Kansas to stop changing trans people's sex listing on their driver's licenses

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Detroit, MI

Robert ‘Fish’ Jenkins helped Detroit students soar in sports and life

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Robert ‘Fish’ Jenkins helped Detroit students soar in sports and life



There was a time when many Historical Black Colleges had swimming teams. The late Robert ‘Fish’ Jenkins benefited from that era and then he spent much of his adult life lifting up youths in Detroit.

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  • Robert ‘Fish’ Jenkins Sr. was a longtime Detroit educator and coach who created opportunities for young people.
  • Jenkins led teams to 24 championships in less common sports like swimming, golf, and soccer.
  • He mentored countless students who went on to become community leaders, doctors, and educators.

The celebration of Black History Month throughout February provides an opportunity to share stories about Detroiters that have positively impacted the lives of others in a variety of ways.

And included among those stories that have been shared this month is a “Fish” story that is unique, without exaggeration. 

That is because this story is about the late Robert “Fish” Jenkins Sr., a longtime Detroit educator and a groundbreaking coach, whose superpower was his ability to create life-changing opportunities for young people in unconventional spaces.

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In 1969, Jenkins arrived at Detroit’s Northern High School as a physical education teacher and coach. During Northern’s heyday, the high school, formerly located on Woodward Avenue at Owen in the city’s North End, produced a host of high-profile sports stars, including basketball greats Bill Buntin — a two-time All-American center at the University of Michigan during the 1960s — and Derrick Coleman — the first overall pick in the 1990 NBA draft. And record-breaking sprinter Marshall Dill, Track & Field News’ High School Athlete of the Year in 1971, who set world records in the 300-yard dash while running for Michigan State University.

However, Jenkins specialized in coaching sports that were a little less popular among young people in Detroit, particularly Black students. Jenkins coached teams at Northern — and for one year at East English Village Preparatory Academy after he retired from teaching in 2001 — to 24 Detroit Public School League championships in swimming, golf and soccer. 

“No matter what the sport was, he had the formula to make a team a champion,” Robert Jenkins Jr. said about his father, who died on Jan. 14 at the age 86.

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“But more than that, my father had a profound impact on the minds of every student he touched. He brought golf, and all the lessons golf teaches, to the North End. And, in the summer, he had members of the swim team teach the younger kids in the neighborhood how to swim, which taught his swim team members how to give back to the community.”   

During the evening of Feb. 22, Robert Jenkins Jr. took pride in sharing stories about young people who were coached and mentored by his father across multiple decades that went on to become “doctors, educators, business leaders, and parents” that have made positive contributions to the city of Detroit.

Robert Jenkins Jr. also described some of the friendly interactions that his dad had with notable people like U.S. Olympic sprint champion Wilma Rudolph and Naismith Memorial Basketball Hall of Famer Dick Barnett at Tennessee State University, where the elder Jenkins received the education and training that he needed to teach and coach student-athletes in Detroit.

But earlier that day, an equally compelling “Fish” story was told by another community member.  

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“Mr. Jenkins was a very important person in my life and he is one of the reasons why I have always tried to do my part when it comes to providing opportunities for young people in our city,” said Gary Peterson, who has coached young swimmers in Detroit for 47 years, including at Detroit’s King High School, where he coaches boys and girls swimmers today. 

Long before Peterson coached high school swimmers — and youth swimmers of virtually all ages when he was a full-time swimming instructor for the city of Detroit’s Recreation Department — Peterson was on the swim team at King High School (Class of 1974), when Robert Jenkins Sr. came into his life. 

“There were coaches at other schools that helped young swimmers that wanted to improve and go to another level, and Mr. Jenkins was one of those coaches,” said Peterson, who was coached at King High School by Clyde James, a lifelong friend and teammate of Jenkins on the Tennessee State University swimming team during the late 1950s and early 1960s, when they brought national attention to the school’s swimming program.

“Mr. Jenkins would make his pool at Northern available to students from other schools that wanted to get in extra practice. Then, as I got closer to going to college, Mr. Jenkins was the person who introduced me to the colleges that were recruiting Black high school swimmers.

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“At that time, there were more than 20 HBCUs (Historically Black Colleges and Universities) that had competitive swimming programs. Today, there is only one (Howard University in Washington, DC). But back then, Mr. Jenkins wanted to make sure we had the opportunities and exposure, which included sending a small group of us to South Carolina State for a recruiting trip.

“Afterwards, Mr. Jenkins even came over to King from Northern to present me with my scholarship to South Carolina State, while I was sitting in a King classroom. I couldn’t believe it and I was ecstatic, but everything that he did for me and other young swimmers in the city he did so willingly. And that’s what I always thought I was supposed to do as a coach.” 

Peterson said he would do even more with Jenkins when Peterson returned to Detroit from Orangeburg, South Carolina, after graduating from college. 

“In the late 1980s, a team I was coaching at Johnson Recreation Center and Mr. Jenkins’ team at Northern, traveled to Washington DC as one team in February to compete in the Black History Invitational Swim Meet. And that tradition of Detroit competing as one team at that meet continued every year until COVID,” said Peterson, who also recalled that Jenkins coached softball and even junior varsity football for a time, in addition to swimming, golf and soccer.

“Just as Mr. Jenkins thought it was critical for us to come together and take our kids to DC for that swim meet because it was the biggest showcase for Black swimmers, he wanted all the young people he coached to have good training and exposure. And in my case, as the son of sharecroppers, I can say that Mr. Jenkins inspired me as well, as a swimmer and a coach.” 

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Every time Peterson walks into King High to coach the current group of swimmers at the school, he said he is reminded of Jenkins and other important people that paved the way for Black swimmers in Detroit.

For example, in 2023, the natatorium at King was rededicated as the Clyde James Natatorium by the Detroit Public Schools Community District. Peterson says the renaming was not only a salute to James, who was a finalist in the National Association of Intercollegiate Athletics Championships in the 100-yard butterfly during the 1960-61 season while swimming for Tennessee State, but also a tribute to the fabled swimming program that was once housed at the Brewster Recreation Center, which helped to develop James, Jenkins and many other Detroit swimmers that competed nationally. Brewster’s early swimming program was led by the legendary Clarence Gatliff, an all-city swimmer at Cass Tech during the 1920s.

Another pleasant reminder of the history and evolution of Black swimmers in Detroit that Peterson sees when inside King High is 54-year-old Robert Jenkins Jr., an educator like his father, who is teaching personal finance this school year at King and hopes to honor his father’s legacy this summer by offering a swimming and golf program to students.  

“I want to make sure that Detroiters understand my father’s legacy,” said Jenkins, a 1989 graduate of Northern High School, who explained that his father and mother (Norma Jean Jenkins) taught him and his sister (Dr. Marlo Rencher) that “we don’t half do anything.”

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And that includes community service.

“My father was a servant leader and he would offer encouragement to any young person he was around, not just the students he coached. And paying it (that support) forward was a lesson he always taught in the process.” 

Scott Talley is a native Detroiter, a proud product of Detroit Public Schools and a lifelong lover of Detroit culture in its diverse forms. In his second tour with the Free Press, which he grew up reading as a child, he is excited and humbled to cover the city’s neighborhoods and the many interesting people who define its various communities. Contact him at stalley@freepress.com or follow him on Twitter @STalleyfreep. Read more of Scott’s stories at www.freep.com/mosaic/detroit-is/. Please help us grow great community-focused journalism by becoming a subscriber. 



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Milwaukee, WI

Milwaukee judge calls out marijuana odor in courthouse

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Milwaukee judge calls out marijuana odor in courthouse


A Milwaukee County judge on Thursday, Feb. 26, criticized the smell of marijuana inside the courthouse during a sentencing hearing, calling it inappropriate and illegal as visitors described the odor as common.

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