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DESCRIPTION:From Hunters Point To East Palestine, Ohio\n\nProsecute & Jail Tetra Tech & 
  Norfolk Southern CEOs\n\nSTOP The Cover-up\n\nImmediate Evacuation of The 
 People & Workers Of East Palestine  & Full Compensation By Norfolk 
 Southern\n\nNationalize The Railroads Under Workers Control To Protect 
 Communities, Workers & The Public\n\nPress Conference/Rally\nMonday March 
 13, 2023 4:00 PM\nUS Federal Building 450 Golden Gate St\nSan Francisco, 
 CA\n\n\nThe criminal cover-up of the Hunters Point supposed clean-up and 
 remediation by Tetra Tech which cost over $1 billion is now directly 
 connected to the man made catastrophe and poisoning by the Norfolk Southern 
 railroad wreck in East Palestine, Ohio.\n\nDespite the fact the the 
 Department of Justice DOJ  has joined a lawsuit against Tetra Tech for 
 falsifying records at Hunters Point shipyard and retaliation against over 
 10 whistleblowers, the Region 5 EPA in Ohio  has allowed Norfolk Southern 
 railroad company to hire Tetra Tech for air testing in East Palestine. 
 \n\nNot surprisingly all the tests came back negative and the railroad and 
 EPA are saying that it is safe. This criminal cover-up by the railroad and 
 Tetra Tech is being allowed by not only EPA officials including EPA 
 administrator Michael Regan but  by Biden’s Department  of Transportation 
 led by Pete Buttigieg. Why are they protecting these environmental 
 criminals  who are poisoning the community and workers?\n\nThey have also 
 allowed the Norfolk Southern police to take over the control of East 
 Palestine. They are deciding who goes where to protect their liability and 
 profits.\n\nThis press conference will connect the dots between the Hunters 
 Point catastrophe and what the people and workers are going through now in 
 East Palestine. Why has this company with a criminal record of managers 
 going to prison for crimes being allowed to do testing in East Palestine? 
 Also, we will discuss the deadly record of the deregulated railroad 
 industry and how the need now is for the nationalization of the industry to 
 protect communities, workers and the public. Every day we face another 
 wreck because of this deregulation and capture of OSHA, EPA and other 
 agencies that should be protecting the public.\n\n\nSpeakers from Hunters 
 Point/Bay View and trade unionists\n\nNo More Poisoning At Hunters Point & 
 East Palestine\n\nImmediate Evacuation of All Residents of East Palestine & 
 Compensation for Their Homes, Businesses & Relocation To Safe Area Paid For 
 By Norfolk Southern Railroad\n\nAn Injury To One Is An Injury For 
 All\n\nSponsored by United Front Committee For A Labor Party\nwww.ufclp.org 
 info@ufclp.org\n\nTetra Tech Air Testing Results In East Palestine 
 Ohio\nhttps://www.epa.gov/system/files/documents/2023-02/Continuous%20Monitoring%20Summary%20Table_20230217_rev01_0.pdf\n\nDemanding 
 Transparency in East Palestine, Ohio\nThe EPA Cover-up and Fraud At Hunters 
 Point Shipyard & Treasure 
 Island\n\nhttps://www.counterpunch.org/2023/02/24/demanding-transparency-in-east-palestine-ohio/\n\nFEBRUARY 
 24, 2023\nBY GREG M. SCHWARTZFacebookTwitterRedditEmail\n\nDrone footage 
 shows the freight train derailment in East Palestine, Ohio, U.S., February 
 6, 2023 in this screengrab obtained from a handout video released by the 
 NTSB.\n\nNorfolk Southern’s toxic train wreck disaster in East Palestine, 
 Ohio is one of America’s worst environmental catastrophes in memory. The 
 Trump regime’s slash-and-burn approach to government regulation is a 
 clear culprit for the railroad safety issues that paved the way for the 
 crash, yet the Biden administration’s hands aren’t clean either since 
 President Biden busted a potential railroad worker strike by forcing their 
 union to take a deal the majority didn’t like.\n\nThe situation 
 highlights a disturbing level of regulatory capture in America by 
 corporations that always prioritize profits over people and safety, 
 regardless of which party occupies the White House. Then there are the 
 citizens of East Palestine and the surrounding region who are left to pick 
 up the pieces, with grave concern about whether the air, water, and soil in 
 their town are still safe.\n\nMost Americans have little choice in such 
 situations but to look to the Environmental Protection Agency (EPA) for 
 answers. EPA chief Michael Regan went to East Palestine and told residents 
 to “Trust the science”, but longtime watchdogs of the beleaguered 
 agency don’t find comfort in Regan’s assurances.\n\n“As a former EPA 
 employee in the Office of Enforcement, I am always wary when a political 
 appointee tells the public to ‘Trust the science’,” says Dr. Mike 
 Ketterer, a former Ohio resident who worked in the EPA’s Office of 
 Enforcement from 1987-93 and is a professor emeritus of chemistry and 
 biochemistry at Northern Arizona University.\n\n“In my experience at EPA, 
 the fraud that took place was always in two areas – it was how and where 
 you took the sample, and the second was what you did not test for, or how 
 low did you strive to achieve for detection limits?” Ketterer added in a 
 recent interview with this reporter. “It’s easy to prove something is 
 clean if you don’t want to find it.”\n\nI first interviewed Ketterer in 
 2006, when I was a graduate journalism student at Kent State University 
 investigating a story in which local citizens and activists alleged the EPA 
 had engaged in a vast coverup of secretive military dumping of radioactive 
 Cold War weapons waste at the Industrial Excess Landfill (IEL) in 
 Uniontown, Ohio in the late ‘60s/early ’70s. The landfill just north of 
 Canton became an EPA Superfund site in the ‘80s and has been engulfed in 
 controversy for at least four decades.\n\nKetterer was among a handful of 
 expert scientific consultants retained by the local group Concerned 
 Citizens of Lake Township to advise on issues surrounding EPA’s testing 
 and remediation at the landfill. He also more recently took the initiative 
 to advise Ohio citizens regarding contamination from the Department of 
 Energy’s (DOE) Portsmouth Gaseous Diffusion site in Pike 
 County.\n\n“This is not just garden-variety technical incompetence on 
 EPA’s part, it is scientific and regulatory fraud,” Ketterer told me in 
 2006, regarding mental gymnastics that Ohio EPA had cited to discount the 
 potential presence of nuclear isotopes at the IEL. He maintained that 
 stance when he wrote to the EPA in 2021 concerning their most recent 
 “Five-Year Review” of the IEL, stating that “EPA has never adequately 
 investigated or explained why either tritium or 99Tc would even be present 
 at the IEL.” He further stated that even if readings of tritium and/or 
 Technetium-99 were well below Maximum Contaminant Levels allowable, 
 “their presence alone points to a problematic source of DOE waste at the 
 IEL.”\n\n”With regulatory capture, it doesn’t matter who’s in 
 charge of the executive branch of government. There’s always a wink-wink 
 between EPA’s political leadership and the regulating community,” 
 Ketterer explained. He added that the “tentacles” go down to the 
 regional levels, where some EPA employees will have an eye on the private 
 sector where they can potentially earn twice as much.\nThen there’s the 
 issue with EPA and the polluters outsourcing sampling and testing to a 
 phalanx of environmental services contractors looking to please their 
 employers, so as to win more contracts. A potentially troubling case in 
 point has already popped up in East Palestine, where Norfolk Southern 
 contracted with AECOM for preliminary water testing. The Huff Post reported 
 last week that samples weren’t handled in compliance with federal EPA 
 standards and were in fact deemed “sloppy” and “amateur” by other 
 experts. The Ohio EPA acknowledged how samples weren’t properly preserved 
 or acidified, yet were deemed “acceptable due to the next-day processing 
 at the laboratory.”\n\nTaking water samples that aren’t properly 
 preserved and/or acidified in the field can compromise the integrity of the 
 samples and lead to undercounting of contaminants. This strategy takes a 
 page right out of the playbook utilized by EPA contractors in multiple 
 rounds of water sampling at the IEL, as I reported in my “Buried 
 Secrets” story for the Cleveland Free Times in 2006.\nGroundwater samples 
 taken in 2000 by Sharp & Associates in a plan overseen by radiation expert 
 John Frazier from Auxier & Associates – contractors hired by the Akron 
 area rubber companies that had contributed most of the waste at the IEL – 
 were not acidified for preservation, yet revealed samples with 
 “potential” hits for plutonium. DOE radiochemist Dave Sill told me that 
 “analyzing unacidified water samples for plutonium is not scientifically 
 defensible” when I interviewed him in 2006. But that’s what commercial 
 lab Thermoretec in Oak Ridge, Tennessee did (perhaps on the instructions of 
 Frazier, a nebulous rabbit hole.)\n\nDave Sill sadly passed on in 2021, 
 though this means I can now reveal that he was my DOE source who didn’t 
 want to be identified in 2019-20 when I interviewed him again for my deep 
 dive series, “2020 Hindsight on Corrupted Radiation Testing at the 
 EPA”, published in the San Francisco Bay View. (Sill told me in 2019 that 
 he feared being “squashed like a bug” by the Trump DOE if he spoke out 
 to a reporter about regulatory corruption at EPA or DOE.)\n\n“It’s all 
 crooked as shit! They’ll say ‘So what, it’s just global fallout,” a 
 disgusted Sill told me after he analyzed a 2001 lab report on the Sharp 
 samples, which revealed to his eyes how a particularly notable sample with 
 potential plutonium had been discounted due to how the lab stopped the 
 count time prematurely. Stopping the count when they did avoid what Sill 
 said would become a statistically positive hit for plutonium if they had 
 counted to DOE lab standards.\nAnother one of the contractors accused of 
 sampling mistakes at the IEL was the Planning Research Corporation (PRC), 
 which was later acquired by a growing government contracting behemoth named 
 Tetra Tech Inc., in 1995. PRC was then renamed Tetra Tech EM by 1998. Tetra 
 Tech Inc., recently popped up in Ohio again as the EPA contractor that was 
 preparing the air monitoring reports in East Palestine.\n\nTetra Tech Inc., 
 is also the parent company of Tetra Tech EC, a subsidiary that’s being 
 sued by the Department of Justice for what’s been called “the biggest 
 case of eco-fraud in U.S. history”, for their role in the botched Navy 
 cleanup at the former Hunters Point Naval Shipyard site in San Francisco. 
 Two supervisors from Tetra Tech EC were fired, convicted and jailed for 
 falsifying soil sample surveys in the radiological remediation work being 
 performed. Tetra Tech deemed the guilty duo to be “rogue employees” 
 acting on their own.\n\nTetra Tech’s lawyers don’t like how I’ve 
 previously pointed out that Tetra Tech EC’s eco-fraud at Hunters Point in 
 San Francisco was in fact preceded by Tetra Tech EM’s (nee PRC) 
 involvement in radiological sampling controversy years earlier at the IEL 
 in Ohio. This inconvenient truth came to light in 2018, when Ohio activist 
 Chris Borello dug up a 1998 press releasefrom the Project on Government 
 Oversight (POGO) in D.C. questioning why the EPA was rehiring a contractor 
 at the IEL named then as “PRC/Tetra Tech” when the contractor had been 
 found to have made numerous mistakes in sampling procedures at the 
 site.\n\n“The EPA’s continued use of the firm PRC/Tetra Tech, which has 
 compromised earlier rounds of testing, goes against all logic and common 
 sense,” POGO lamented. “The question then needs to be asked as to why 
 the EPA is turning to PRC once again to conduct critical field tests that 
 may be used in court to justify an inadequate cleanup plan?”\n\nThe list 
 of mistakes was similar to what whistleblowers had reported about Tetra 
 Tech EC at Hunters Point, including one item that was exactly the same – 
 “numerous mistakes in the chain-of-custody forms” that created 
 reasonable uncertainty about the samples in question.\nPOGO also noted how 
 PRC’s 1992-93 samples yielded “possible plutonium detections” but 
 that the samples were field filtered, a process experts said could remove 
 some of the particles. \nFurther digging in the EPA’s IEL files revealed 
 that Tetra Tech EM was involved in another questionable groundwater 
 sampling in 1998, then was questionably tasked by EPA in 2001 with 
 preparing the “Community Involvement Plan” (which POGO again objected 
 to.)\n\nMaybe Tetra Tech is using the best available science in East 
 Palestine. But the controversies at the IEL & Hunters Point illustrate why 
 transparency from the EPA is badly needed now to alleviate current 
 skepticism. If Michael Regan wants the public to trust the science, why 
 won’t the EPA release the technical field plans that Tetra Tech and the 
 EPA’s 15 other contractors are using in East Palestine?\n\nRenowned 
 environmental attorney Steven Donziger – famed for his highly contentious 
 legal battles with Chevron over their pollution in Ecuador – is also 
 calling out for such transparency from the EPA and Norfolk Southern this 
 week.\n\n“After battling an oil company over the discharge of toxic waste 
 in the Amazon, I can say with some assurance that Norfolk’s response to 
 this crisis so far comes from a time-tested corporate strategy: manage the 
 situation as a public relations challenge and not the humanitarian and 
 ecological catastrophe that it is,” Donziger noted. He called for 
 President Biden to establish an independent task force outside of the EPA 
 to manage the toxic crisis, since “industry does not respect the power of 
 government to regulate it.”\nDonziger also pointed out how corporate 
 capture of the EPA deepened during the Trump era, with further corporate 
 lobbying for regulatory cuts that created a mass exodus, which left the EPA 
 severely understaffed and corrupted by the chemical 
 industry.\nCongressional investigators should also look at the troubling 
 financial circumstances that connect Norfolk Southern and Tetra Tech Inc. 
 The top two shareholders of Norfolk Southern are The Vanguard Group Inc., 
 and Black Rock Institutional Trust Company. The top two shareholders of 
 Tetra Tech Inc. are The Vanguard Group Inc., and Black Rock Fund Advisors. 
 This suggests that while Norfolk Southern is taking a financial hit from 
 the disaster in East Palestine, Tetra Tech is banking off that very same 
 disaster as one of the EPA’s contractors for environmental monitoring and 
 perhaps the cleanup. These circumstances would seem to encourage a company 
 like Norfolk Southern to take risks with safety, since they know their 
 biggest investors can make up such losses on the back end.\nOf course, 
 it’s not just Tetra Tech and AECOM that warrant such scrutiny, but all of 
 the private contractors being employed by EPA and Norfolk Southern in East 
 Palestine, Ohio. The only way for EPA and these contractors to win trust is 
 to be 100 percent transparent about what they’re doing and how they’re 
 doing it. Holding back on full transparency only makes it look like they 
 may well have something to hide.\n\nPoison and private police: Norfolk 
 Southern destroys East 
 Palestine\n\nhttps://www.youtube.com/watch?v=ZWy7y3pxSwk\n \nFeb 28, 2023  
 #TheGrayzone\nReporter Jeremy Loffredo reports for The Grayzone from East 
 Palestine, Ohio, where Norfolk Southern's detonation of a train filled with 
 vinyl \nchloride has poisoned the town's waterways and left residents 
 wondering if they have to permanently relocate. While there, Loffredo 
 learns \nof private police and environmental consultants paid by Norfolk 
 Southern to enforce the corporation's narrative of a successful 
 clean-up.\n\nEast Palestine  EPA Cover-up & SF Hunters Point/Treasure 
 Island Connection with Greg Schwartz\nhttps://youtu.be/DrMN3JEn0ZQ\nOne of 
 the contractors testing air quality at the air in East Palestine railroad 
 catastrophe is contractor \nTetra Tech Inc. This company is being sued by 
 the US Department of Justice along with Tetra Tech \nhealth and safety 
 whistleblowers in San Francisco for retaliation after exposing massive 
 fraud. After \nthe Federal government spent $1 billion they found that 
 Tetra Tech had manipulated and falsified the \ntesting on the radioactive 
 dump site. Now the EPA has allowed this company to be involved in testing 
 \nat East Palestine. Investigative journalist Greg Schwartz talks about the 
 cover-up by the EPA and \nRegion 5 in Ohio and how this is connected to the 
 actions of Tetra Tech the San Francisco Bay Area.\nHe also reports that 
 BlackRock has interests both in Norfolk Southern railway and Tetra Tech 
 Inc.\nAdditional Media:\nDemanding Transparency in East Palestine, 
 Ohio\nhttps://www.counterpunch.org/2023/02/24/demanding-transparency-in-east-palestine-ohio/\nOhio 
 & EPA  officials say East Palestine's water is safe. But where's the full 
 data?\nhttps://www.cincinnati.com/story/news/2023/02/24/east-palestine-water-declared-safe-but-more-testing-underway/69923447007/\nThe 
 NTSB, East Palestine Railroad Catastrophe, Rail Safety & Nationalization 
 With RWU's Hugh Sawyer\nhttps://youtu.be/auXlY-Vt1gA\n"Nuking A Town With 
 Chemicals To Get A Railroad Open" & Railroad Labor With SMART's Jerad 
 Cassity\nhttps://youtu.be/j6hawlR02KE\nPalestine Ohio Train Wreck, Greed & 
 The Systemic Crisis In US Rail System With RWU Gabe 
 Christenson\nhttps://youtu.be/cEm1x6zezaA\n"Cleaning The Swamp" Hunters 
 Point Tetra Tech Workers Blow Whistle On Criminal Cover-up & 
 Corruption\nhttps://youtu.be/ky5QFa-q1UU\nSF Hunters Point Tetra Tech 
 Whistleblowers Speak Out About Criminal Cover-up & 
 Bullying\nhttps://youtu.be/2GGHz9duZz8\nhttp://www.nbcbayarea.com/news/local/Hunters-Point-Whistleblowers-Expose-More-Alleged-Fraud-of-Shipyard-Cleanup--431638053.html\nhttps://www.youtube.com/watch?v=J_YVou0kmQI&feature=youtu.be\nCorruption 
 Galore! SF Hunters Point TI Radioactive Cover-up For Profits With Dr. 
 Ahimsa Sumchai\nhttps://youtu.be/TL0dv4Jhdl8\nThe UCSF LARC AFSCME 
 3299/UPTE Workers Sickness & Dr. Ahimsa 
 Sumchai\nhttps://soundcloud.com/workweek-radio/ww-4-30-20-the-ucsf-larc-afscme-3299upte-workers-sickness-dr-ahimsa-sumchai\nContractor 
 Submitted False Radiation Data at Hunters 
 Point\nhttps://www.nbcbayarea.com/news/local/contractor-submitted-false-radiation-data-at-hunters-point/79399/\nOSHA 
 Corruption, Cover-up & US Inspector Generals With OHSA Whistleblower & 
 Lawyer Darrell Whitman\nhttps://www.youtube.com/watch?v=YDPQpqmUq2k\nThe 
 Struggle for Justice At  SF Hunters Point Naval Shipyard & Dr. Ahimsa 
 Porter Sumchai\nhttps://www.youtube.com/watch?v=ZMm51Cm_Nao&t=48s\nCourage 
 & Murder For Profit At Hunters Point Shipyard:The Life of Tetra Tech 
 Whistleblower 
 Carpenter\nhttps://www..youtube.com/watch?v=DEBmV9_qJ9k\nWorkWeek\nhttps://soundcloud.com/workweek-radio\nLabor 
 Video Project\nwww.labormedia.net\n\nPlan to incinerate soil from Ohio 
 train derailment is ‘horrifying’, says expert\nSoil is being sent to a 
 nearby incinerator with a history of clean air violations, raising fears 
 the chemicals will be redistributed\n 
 \nhttps://www.theguardian.com/us-news/2023/mar/04/east-ohio-train-derailment-soil\n 
 \nTom Perkins. March 4 2023.\nContaminated soil from the site around the 
 East Palestine train wreck in Ohio is being sent to a nearby incinerator 
 with a history of clean air violations, raising fears that the chemicals 
 being removed from the ground will be redistributed across the 
 region.\n\nThe new plan is “horrifying”, said Kyla Bennett, a former 
 Environmental Protection Agency (EPA) official now with the Public 
 Employees for Environmental Responsibility non-profit. She is one among a 
 number of public health advocates and local residents who have slammed 
 Norfolk Southern and state and federal officials over the 
 decision.\n\n“Why on earth would you take this already dramatically 
 overburdened community and ship this stuff a few miles away only to have it 
 deposited right back where it came from?” Bennett asked.\n\nIncinerating 
 the soil is especially risky because some of the contaminants that 
 residents and independent chemical experts fear is in the waste, like 
 dioxins and PFAS, haven’t been tested for by the EPA, and they do not 
 incinerate easily, or cannot be incinerated.\n\nA Norfolk Southern train 
 carrying vinyl chloride used to produce PVC plastic derailed on 3 February 
 in the small industrial town of 4,700 people, located at the edge of the 
 Appalachian hills in Ohio.\n\nAs the fire threatened to ignite tankers full 
 of the chemical days later, emergency responders, fearing a major 
 explosion, conducted a controlled burn of the substance.\n\nEnvironmental 
 researchers say the combustion of vinyl chloride almost certainly created 
 dioxins, a highly toxic chemical that can remain in the environment for 
 years. However, the EPA has resisted calls to test for it, and the agency 
 removed from its website the results of its in-depth soil analyses, so 
 it’s unclear which chemicals are in the soil.\n\nChemicals like dioxins 
 must be incinerated at extremely high temperatures, and the combustion of 
 some substances can be difficult or unpredictable during incineration, said 
 Carsten Prasse, an environmental health professor at Johns Hopkins 
 University who focuses on risk science. Those issues are generating 
 uncertainty about the plan’s safety.\n\n“My concern is basically do we 
 just translate the issue that’s right now in the soil into another medium 
 by blowing it into the air?” he asked. “That is not necessarily the 
 case, but I’m not sure that we can exclude this at this point, so it is 
 an issue.”\n\nThe ground also likely contains PFAS, informally called 
 “forever chemicals” because they do not naturally break down, and no 
 human-made method to destroy the compounds has been fully 
 developed.\n\n“The effectiveness of incineration to destroy PFAS 
 compounds and the tendency for formation of fluorinated or mixed 
 halogenated organic byproducts is not well understood,” the EPA has 
 written.\n\nStill, it is putting residents’ health at risk by sending 
 potentially PFAS-contaminated soil to the incinerator, Bennett 
 said.\n\n“The most important thing in my mind is the human health and 
 health of the environment, so right now that should be priority number one, 
 and things like this fly in the face of basic human decency and science,” 
 she added.\n\nThe incinerator, owned by Heritage Thermal Services, is 
 already burning PFAS waste from the Department of Defense, which prompted a 
 federal lawsuit from a coalition of local environmental groups. Heritage 
 also faced an investigation and enforcement action from the EPA in 2015 
 after officials determined the facility had violated the Clean Air Act 
 nearly 200 times between 2010 and 2014.\n\nAmong the chemicals that had 
 been released at dangerous levels was dioxin, and among the issues cited by 
 the EPA were a failure by Heritage to maintain a required minimum 
 temperature, raising questions about whether the facility can handle more 
 dioxin and PFAS waste.\n\nThe facility has also recorded air quality 
 violations in eight of the last 12 quarters, EPA records show.\n\nLocal 
 environmental groups have been fighting with Heritage over its emissions 
 since the incinerator was built in the 1990s, said Amanda Kiger, director 
 of River Valley Organizing. She has been assisting residents in East 
 Palestine about 15 miles north, but lives near the incinerator in East 
 Liverpool, both of which are in Columbiana county.\n\n“[Environmental 
 officials] are just dumping more shit on Columbiana county,” Kiger said. 
 “They say, ‘We already poisoned them so it doesn’t matter if we 
 poison them more.’”\n\nIn a statement to news outlets, Heritage said it 
 is “providing support at the site in accordance with the cleanup plan 
 approved by government agencies with jurisdiction over the response to the 
 event”.\n\nEast Palestine’s waste disposal has raised fresh questions 
 about the disposal of toxic substances. Some of the waste is being sent to 
 incinerators around Ohio, while about 1.5m gallons of wastewater is being 
 injected into wells deep into the Earth’s crust near Houston. Deep wells 
 can leak waste into groundwater, and are thought to cause 
 earthquakes.\n\nMeanwhile, some contaminated soil was shipped to a Michigan 
 landfill with a history of discharging PFAS into a public sewer system. A 
 state-of-the-art incinerator in Arkansas is likely equipped to more safely 
 handle the East Palestine waste, Kiger said.\n\n“But how do you say, 
 ‘Not in my backyard – give it to someone else’?” she asked. “They 
 got us fighting each other.”\n\nThe Case for Nationalizing the Railroads 
 Workers say now is the time to do the impossible. 
 \nhttps://inthesetimes.com/article/nationalize-the-railroads-workers-on-strike-biden-wages\n\n\nKARI 
 LYDERSEN \nFEBRUARY 16, 2023\nRailroad workers packed themselves into hotel 
 conference rooms near Chicago’s O’Hare International Airport in June 
 2022 to talk fervently about a momentous event potentially on the horizon: 
 the first industry-wide rail strike in three decades. \n“All 12 railroad 
 unions have proclaimed themselves united,” said Ron Kaminkow, Railroad 
 Workers United (RWU) general secretary, during a conference session about 
 chokepoints in the supply chain. ​“There could actually be a national 
 railroad strike for the first time in almost 30 years.” \nContract 
 negotiations between those 12 unions and the country’s major freight 
 railroad companies had ground to a halt by the conference, which was 
 organized by RWU and the pro-union group Labor Notes. \nIn July, 99.5% of 
 the membership of the union representing railroad engineers — the 
 Brotherhood of Locomotive Engineers and Trainmen — voted to authorize a 
 strike if legal hurdles were cleared.\nThe possibility presented a 
 challenge for the Biden administration. President Joe Biden had become 
 known as the most labor-friendly president in recent history, while a 
 walkout threatened to paralyze the economy with a potential cost of $2 
 billion per day. The administration eventually negotiated a dealwith union 
 leaders and company leaders, announced Sept. 15, 2022, requiring a 
 significant pay raise for workers without meaningfully addressing their 
 primary concerns: short-staffing and a lack of paid sick days.\nMany 
 elected officials and pundits lauded the deal, but it still needed to be 
 ratified by each union’s rank and file.\nThree unions representing 
 railroad workers voted down the proposed contract, while others voted for 
 it. Then, in November, the country’s largest rail union — the SMART 
 Transportation Division, which represents conductors and brakemen — 
 rejected the deal, and a national rail strike was firmly on the table. Even 
 unions that approved of the deal pledged to honor any picket lines.\nOn 
 December 1, 2022, at Biden’s urging, Congress intervened, passing a lawto 
 force the unions to agree to the deal. Many railroad workers were furious 
 — and felt betrayed.\n“It was very frustrating, from the ​‘most 
 pro-labor president America’s ever had,’” says Matt Weaver, 
 legislative director for the Brotherhood of Maintenance of Way Employees, 
 the nation’s third-largest railroad union. ​“When [railroads] have 
 record profits and profit margins, and yet this deal is imposed, we’ve 
 seen that our labor is expendable.”\nOn Oct. 5, 2022, RWU adopted a 
 resolution calling for public ownership of railroad infrastructure, which 
 is operated for the public benefit.\nThe ordeal has also led many railroad 
 workers and industry watchers to consider a vastly increased role for 
 government in freight railroads: nationalization.\nOn Oct. 5, 2022, RWU 
 adopted a resolution calling for public ownership of railroad 
 infrastructure, which is operated for the public benefit. The grassroots 
 organization brings together members from all 12 rail unions but has no 
 official power to negotiate with employers or the government. Its members 
 were prominently featured in national media around the possible strike, and 
 the group says its resolution reflects a growing demand for change among 
 railroad workers. The resolution outlines how the rail industry has 
 downsized one-third of its workforce, ​“outraged shippers” by 
 ​“jacking up prices,” ​“failed to solicit nor accept new but 
 ​‘less profitable’ freight,” opposed safety measures and took a 
 ​“hostile stance” toward unions, among other failings.\nMeanwhile, 
 the United Electrical, Radio and Machine Workers of America(UE) recently 
 also issued a strident call for public ownership of railroads to protect 
 the economy, workers, frontline communities and the environment.\n“We 
 demand that Congress immediately begin a process of bringing our nation’s 
 railroads under public ownership,” reads the statement from the UE 
 general executive board. The union, which represents electrical workers and 
 other sectors, argues that the major railroad companies — like electric 
 utilities — are ​“natural monopolies,” and have an ​“endless 
 thirst for profit.”\nThe union argues that nationalization is necessary 
 both to protect workers and to fight climate change and railroad-related 
 pollution that disproportionately impacts communities of color and 
 low-income communities. The statement notes that in 2021, UE launched a 
 Green Locomotive Project to promote zero-emissions electric locomotives in 
 rail yards and cleaner diesel locomotives on the tracks. ​“Although the 
 legislation our allies introduced in Congress would have provided generous 
 financial incentives for the railroads to adopt this green technology, they 
 opposed us every step of the way,” the statement read.\nLocal rail 
 workers, union members and the Boston chapter of the Democratic Socialists 
 of America rally in support of a strike on Dec. 2, 2022, during President 
 Joe Biden’s visit to Boston. \nSUZANNE KREITER/THE BOSTON GLOBE VIA GETTY 
 IMAGES\nPublic Equity\nThe threatened railroad strike underscores how much 
 the U.S. economy depends on freight railroads. It also exposes the 
 fragility of a system owned and run in large part by four massively 
 profitable carrier companies that act as de facto monopolies.\nBNSF and 
 Union Pacific run the vast majority of freight west of the Mississippi 
 River, while Norfolk Southern and CSX run most of the freight to the east. 
 \nIn 2021, BNSF and Union Pacific reported record profits of $6.5 billion 
 and $6billion, respectively, while Norfolk Southern reported a record $4.45 
 billion, and CSX notched $3.8 billion. The profit is doled out to highly 
 paid executives and shareholders with too little invested back into 
 operations and infrastructure, as many workers and some industry experts 
 see it. The imbalance has helped make the case for more decision-making 
 power for railroad workers and a greater oversight role for the public. 
 Railroad workers who support nationalization would like to see workers in 
 direct leadership positions, and think removing the profit motive would 
 translate to better working conditions.\n“The idea of nationalizing the 
 rails — that strikes fear into the [tenth of 1%] of billionaires who own 
 most of the wealth in this country,” says Marilee Taylor, a recently 
 retired BNSF locomotive engineer from Chicago. ​“It has to be under the 
 control of those who actually know the railroads, which is not the suits. 
 It’s not the CEOs. It’s those who work it.”\nIn April 2022, hearings 
 were held before the federal Surface Transportation Board — the body 
 charged with overseeing America’s rail system. Officials from major 
 industries (including agriculture and chemicals) lamented the increasing 
 unreliability and unaffordability of freight rail. They blamed the large 
 carriers’ increasing reliance on ​“Precision Scheduled 
 Railroading,” wherein employees and routes are slashed to the bare 
 minimum to maximize profits. They also testified that the national supply 
 chain crisis was caused not just by the pandemic, but by railroad 
 understaffing, price gouging and the failure to invest in infrastructure. 
 Union leaders and workers said the railroad companies are neglecting safety 
 and maintenance in pursuit of more profit, with longer trains and fewer 
 people.\n“The idea of nationalizing the rails—that strikes fear into 
 the [tenth of 1%] of billionaires who own most of the wealth in this 
 country,” says Marilee Taylor, a recently retired BNSF locomotive 
 engineer from Chicago. “It has to be under the control of those who 
 actually know the railroads, which is not the suits. It’s not the CEOs. 
 It’s those who work it.”\nMatt Hollis, a second-generation railroad 
 worker and national vice president of the Transportation Communications 
 Union, testified he’s seen the ​“complete and utter degradation of 
 our nation’s Class I railroads over the past six to seven years.” He 
 went on: ​“I’ve watched as private equity firms have acquired 
 controlling stakes in railroads only to use their power to deploy business 
 models that extract as much wealth as possible, to the detriment of the 
 railroads’ workers, their customers and ultimately the public 
 interest.”\nRank-and-file railroad workers tell In These Times they have 
 similar experiences.\nNick Wurst, a Massachusetts-based conductor for one 
 of the major freight railroads, says he sees firsthand how ​“railroads 
 have, through corporate decision-making, put themselves in a situation 
 where they are in perpetual crisis because they operate on the narrowest 
 possible margins in terms of staffing and maintenance. There’s nothing 
 there in order to try to deal with any kind of hiccups, whether that hiccup 
 comes in the form of six feet of snow or a global pandemic. The movement of 
 people, goods, raw materials is too important — too many people rely on 
 it — for decision-making to be limited to profitability.\n“The goal 
 should not be making profit,” Wurst adds. ​“The goal should be 
 getting everything where it needs to go as efficiently as 
 possible.”\nHugh Sawyer, an engineer for Norfolk Southern in Georgia, was 
 previously opposed to the idea of nationalization. ​“I’m a 
 capitalist; I live in America,” he laughs. But after seeing the railroad 
 companies shut down their less-profitable lines, slash their workforces and 
 run workers into the ground with little resistance from union leadership, 
 as many workers see it, he thinks change is necessary. Now, Sawyer wants 
 regulation and ​“nationalization and rationalization,” with all 
 railroad employees represented by one union, working for the federal 
 government.\nAt an ​“investor day” in December 2022, Norfolk Southern 
 CEO Alan Shaw acknowledged many of the problems and promised the company 
 would no longer prioritize ​“operating ratios” — achieved by 
 slashing costs to boost profits — as Wall Street investors have desired. 
 Among other things, Shaw said, the company would keep higher staffing 
 levels and stop furloughing workers during periodic downturns.\n“When the 
 time came to rebuild our ranks as freight transportation demand returned, 
 we were unable to rehire quickly enough to operate fluidly,” Shaw told 
 investors. ​“In the long term, these disruptions have eroded the 
 confidence customers need to have if they are going to structurally rely on 
 rail instead of highways.”\nRELATED STORIES\nTo Prevent Future Rail 
 Tragedies, We Need to Nationalize the Rail System\nA worker at a Union 
 Pacific Intermodal Terminal rail yard.\nWhere Do Railroad Workers Go from 
 Here?\nIn These Times reached out to all four major carriers to comment on 
 many of the claims in this article, including concerns about the use of 
 Precision Scheduled Railroading and its effects on rail workers, and 
 complaints about a lack of infrastructure and operations investment while 
 profits soar. The companies deferred to the Association of American 
 Railroads, an industry group, which said in a statement that ​“each 
 year, the privately-owned freight rail industry reinvests about $20 billion 
 in maintenance and capital improvements that enhance safety and provide the 
 most efficient rail network in the world— with little to no expense to 
 the taxpayer.”\nThe statement continues: ​“At a time when public 
 infrastructure has faced chronic underfunding and delayed necessary 
 maintenance, rolling back the policies that allow those investments — or 
 worse, full-blown nationalization — would have vast, negative impacts to 
 the U.S. supply chain, rail customers and communities served by 
 rail.”\nRailroad monopolist William Henry Vanderbilt stands as “The 
 Modern Colossus of (Rail) Roads” in this 1879 caricature. The sign notes 
 that all passing freight must ”pay any tolls we demand.” \nTracking the 
 Infrastructure\nAfter the Biden administration effectively forced through 
 what many workers felt was an inadequate contract, it may seem questionable 
 to put more power in the hands of the federal government. But, advocates 
 say, under a publicly owned system, profit-seeking owners would no longer 
 be able to hold the economy hostage by enforcing a model premised on 
 short-staffing and maximum profitability. Instead, the public could have a 
 say without the threat of a corporate veto. Looking back at history, the 
 idea that the public could control a multi-billion-dollar private 
 enterprise with immense political power may not be as far-fetched as it 
 seems.\nThe freight rail industry stands as one of the nation’s most 
 profitable sectors. To the delight of hedge fund investors, the average 
 profit margins of the top five U.S. railroads have roughly doubled in the 
 past 15 years, according to Bloomberg. On a basic level, public ownership 
 could mean investing revenue back into infrastructure and operations, 
 rather than paying out shareholders. It could also mean the ability to 
 centralize planning and operations to serve shippers, producers and 
 passengers, rather than only the most profitable sectors and places. A 
 nationalized industry could also prioritize long-term investments in safety 
 and sustainability while protecting the rights and well-being of more than 
 100,000 of the nation’s most essential workers.\nThis would be a welcome 
 change for many rail employees who feel abandoned, especially after 
 enduring a grueling pandemic. As Matt Weaver, from the Brotherhood of 
 Maintenance of Way Employees, says: ​“We’ve gone from essential to 
 expendable.”\nThe government already owns and maintains most highways and 
 waterways in the country, so public ownership of railroad tracks and 
 freight yards isn’t a conceptual stretch. The national passenger 
 railroad, Amtrak, is already quasi-publicly owned, though it operates as a 
 for-profit entity rather than a public authority. It has more than 500 
 stations, and, on an average day, riders made more than 33,000 trips, 
 according to its 2021 annual report. That year, Amtrak brought in $2.1 
 billion in revenue but saw $5.2 billion in expenses, with the 
 inefficiencies caused in part by its subservience to the freight railroads 
 that actually own most of the tracks Amtrak runs on. The 2021 bipartisan 
 infrastructure law promises to invest $66 billion in Amtrak to upgrade 
 stations and expand service. Nationalization proponents say that government 
 ownership of railroad tracks, or the freight industry as a whole, would 
 allow better coordination of passenger and freight train schedules, and 
 would fuel the expansion of passenger lines.\nLooking back at history, the 
 idea that the public could control a multi-billion-dollar private 
 enterprise with immense political power may not be as far-fetched as it 
 seems.\nOwnership of the different components of the rail sector is often 
 described along ​“vertical” or ​“horizontal” lines. 
 ​“Vertical separation” means that one entity — perhaps the 
 government — owns the tracks, and different railroad companies compete 
 and pay to ship freight on them.\n“Horizontal separation” means a 
 single entity owns the tracks and runs trains on them. Nationalization 
 could more easily happen in a vertical separation model, in which the 
 government owned the tracks and infrastructure, while nationalization in a 
 horizontal separation model would be more complicated, with the government 
 presumably both owning the tracks and shipping freight. If the U.S. 
 government did own rail infrastructure, either private freight railroad 
 companies could either pay to use it or the government could offer 
 concessions and contracts for privately run services. This form of 
 nationalization would not require taking over or dissolving the railroad 
 companies, since they would still be running the trains — just on 
 publicly owned tracks subject to government planning and regulation.\nWhile 
 easier to execute, the vertical separation model raises the question of how 
 much control the government would have over labor conditions for workers. 
 Workers wouldn’t become public employees — they’d still have 
 corporate bosses — though government contracts could stipulate working 
 conditions.\nMeanwhile, industry experts say better labor conditions are 
 crucial to the railroad industry’s sustainability and functionality, and 
 some workers argue that nationalization may be the only way to achieve it. 
 At the Surface Transportation Board hearings in April 2022, speakers noted 
 turnover in the railroad industry is exceptionally high — despite 
 lucrative salaries — and shipper after shipper testified that trains seem 
 unable to provide reliable service due to a lack of employees. The major 
 railroad companies currently employ 45,000 fewer people than six years ago, 
 a 29% drop, according to Martin Oberman, chair of the Surface 
 Transportation Board. Not only have railroad companies slashed the 
 workforce, but workers often leave the profession because of the grueling 
 demands on their time and health. If they refuse a summons to work, even if 
 sick, they sometimes accrue negative points that lead to 
 termination.\n“It’s this form of power, of controlling the body, an 
 almost pre-modern bondedness [to the company] in the way we used to talk 
 about indentured servants in the 19th century,” explains Robert Bruno, 
 professor of labor and employment relations at the University of Illinois, 
 Urbana-Champaign. ​“This is what capitalism is in its worst 
 practitioners. If the government were doing this to you, you’d say it was 
 fascist.”\nBruno says public ownership is ​“not a guarantee” 
 workers would be treated well and cites the working conditions that led to 
 the largest wildcat strike in history, the 1970 postal workers strike 
 during the Nixon administration. Another example of the fallibility of 
 public enterprises is the publicly owned Tennessee Valley Authority — a 
 power plant operator with a record of harming the environment and 
 communities, including the devastating 2008 Kingston, Tenn., coal ash spill 
 and botched cleanup blamed for killing and sickening workers.\n“This is 
 what capitalism is in its worst practitioners. If the government were doing 
 this to you, you’d say it was fascist.”\nRailroad workers say these 
 examples drive home why workers and regular Americans need a voice in 
 successful nationalization.\n“When we’re talking about nationalization, 
 people might think we’re talking about taking control of an industry out 
 of the hands of this wealthy corporate class and giving it to the same 
 government that makes all kinds of decisions based on profitability,” 
 says Nick Wurst, the Class I freight railroad conductor. ​“What I’m 
 fighting for is democratic public ownership.”\nA Climate for 
 Change\nClimate change is another emergency that nationalization could 
 potentially help address. Some experts have called for nationalization of 
 the fossil fuel industry as a way to stem climate change. Public ownership 
 of railroads could further that goal while also mitigating air pollution 
 from railyards that disproportionately affects low-income people and people 
 of color. Since railroads emit much less pollution per ton of freight 
 carried than trucks, increasing rail’s share of transportation would be 
 inherently more environmentally friendly. According to data cited by the 
 industry’s own Association of American Railroads, shifting freight from 
 truck to rail reduces greenhouse gas emissions by about 75%.\nThe major 
 carriers, however, are moving in the opposite direction, eschewing 
 lower-profit loads and forcing shippers to rely more on trucks, critics 
 say, and the government isn’t doing enough to intervene.\n“We subsidize 
 trucking heavily through highway construction and maintenance,” says 
 Kevin Brubaker, deputy director of the Environmental Law & Policy Center. 
 ​“Railroads are really stuck competing against trucks with one hand 
 tied behind their backs.”\nMeanwhile, investing profits back into 
 infrastructure (rather than doling it out to shareholders) could speed the 
 electrification of railroads and railyards, slashing diesel emissions 
 further.\n“I’m not a ​‘Mr. Environmentalist,’ ” says Hugh 
 Sawyer, the Norfolk Southern engineer. ​“But I know we’ve got to do 
 something about [climate change], and railroads are much more 
 environmentally friendly than trucks, much more efficient.”\nRobber 
 Barons and Regulators\nBetween 1850 and 1871, the U.S. government gifted 
 about 175 million acres of land to railroads to ​“settle the West” 
 and fuel the Industrial Revolution. Among the many casualties of the 
 industry’s rapacious development were Native Americans, Chinese 
 immigrants, and ranchers, along with fragile prairie ecosystems. Wealthy 
 railroad investors and owners, meanwhile, populated the ranks of the now 
 notorious 19th-century ​“robber barons.”\nThe railroads’ treatment 
 of farmers in particular fomented a period of ​“farm unrest,” as Reed 
 College economist James I. Stewart chronicled for the Economic History 
 Association. Farmers formed organizations to demand politicians address the 
 high and unfair prices railroads were charging to ship goods. \nRailroads 
 soon became the first federally regulated industry, which included the 
 establishment of the Interstate Commerce Commission in 1887. By the early 
 1900s, railroad companies struggled to remain profitable and some went 
 bankrupt, in part because of restrictions imposed by federal regulators, 
 says Anthony M. Pagano, director of the Center for Supply Chain Management 
 and Logistics at the University of Illinois at Chicago. \nBy World War I, 
 the rail system for freight and passengers was not up to the challenge of 
 transporting munitions-related goods and troops. So in 1917, President 
 Woodrow Wilson temporarily nationalized the railroads by creating the U.S. 
 Railroad Administration, essentially renting the system from its owners 
 with the promise to give it back within 21 months after the war. \nIn 1918, 
 upward of 99% of more than 300,000 railroad workers voted to keep the 
 industry nationalized. Glenn E. Plumb, a prominent lawyer for the rail 
 workers, drafted the Plumb Plan to do so. Under the plan, the government 
 would sell bonds to purchase and transform the rail system into a publicly 
 owned corporation, and decisions would be made by a stakeholder board to 
 include workers and the general public. The Plumb Plan League, an 
 organization that included railroad unions and civic leaders, advocated for 
 nationalization and also inspired coal miners, whose powerful union voted 
 in 1919 to nationalize the coal industry.\nBut business leaders were 
 stridently opposed to the Plumb Plan, which failed in Congress in 1919. 
 Control of the railroads was ceded back to industry through an act of 
 Congress in 1920. \nIn 1917, President Woodrow Wilson temporarily 
 nationalized the railroads by creating the U.S. Railroad Administration. In 
 1918, upward of 99% of more than 300,000 railroad workers voted to keep the 
 industry nationalized.\nWilson also nationalized the telecommunications and 
 telegraph industries in 1918, but the effort was unsuccessful in part 
 because the sector was run by an anti-labor, pro-segregation postmaster 
 general, according to ​“A History of Nationalization in the United 
 States” by Thomas Hanna, Democracy Collaborative research director. 
 During World War II, a slew of industries — including ironworks, cotton 
 mills, factories, oil companies and chemical producers — were briefly 
 nationalized, according to Hanna, and President Franklin Roosevelt 
 nationalized more than 3,000 coal mines in the midst of labor disputes that 
 threatened to stall the crucial coal industry. Railroads were also 
 nationalized for 19 days in 1944 to avoid a strike, during which the 
 Roosevelt administration worked to improve conditions and efficiency.\nThe 
 federal government played an important role in regulating railroad prices 
 and operations in the following decades, but Congress passed (and President 
 Jimmy Carter signed) the Staggers Rail Act in 1980, which gutted government 
 oversight. The Surface Transportation Board was founded in 1996. Railroad 
 mergers, line abandonment and other practices must gain its approval before 
 moving forward, but the board typically grants companies’ wishes. The 
 ​“surf board,” as some in the industry call it, ​“has yet to find 
 a merger that they didn’t like,” Pagano says.\nA BNSF engine pulls a 
 Metra commuter train car in Chicago on Sept. 13, 2022. Some 50,000 daily 
 passengers depend on Metra for their commutes (200,000 on average prior to 
 the pandemic). \nSCOTT OLSTON/GETTY IMAGES\nPayback Time?\nRailroad workers 
 tell In These Times that, since public land was awarded to the railroads in 
 the first place, it shouldn’t be inconceivable for the public to take it 
 back. ​“The American public should finally get a return on their 
 investment,” Hugh Sawyer says. ​“The railroads were given quite a 
 bit. We should get something in return.”\nThe government does have the 
 power of eminent domain to seize property in the public interest, and that 
 power is often invoked for the benefit of private companies — in building 
 pipelines, for example. But even if successful, eminent domain would 
 typically only apply to the land under the rails. By taking that land, the 
 government would also be taking the tracks and other infrastructure, and 
 the Constitution is clear that private property can’t be seized without 
 compensation. If railroad companies were denied the right to keep profiting 
 off their infrastructure, the rail assets would likely be deemed 
 ​“stranded,” and the companies could demand compensation.\nAnd the 
 national rail system is so vast that the payment would almost certainly be 
 astronomical.\nThis situation has played out in the electric utility 
 sector, for example, when municipalities have tried to take public 
 ownership of local electric systems. Such an endeavor failed in Boulder, 
 Colo., when the utility Xcel Energy argued the town would owe it $200 
 million for its ​“stranded assets.” Advocates tried for a decade to 
 take over their electrical infrastructure, but a 2020 legal settlement 
 reestablished Xcel’s franchise.\nThe temporary seizure of private assets 
 during emergency situations does have some precedent, including the 
 nationalization periods during the world wars. Even then, it faces legal 
 hurdles. President Harry Truman, for example, essentially took federal 
 control of private infrastructure and operations when he briefly 
 nationalized the steel industry in 1952 to avoid a steelworkers strike 
 during the Korean War. The Wage Stabilization Board had already ordered a 
 wage increase for steelworkers, but the steel companies refused to comply 
 unless they were allowed to significantly raise prices, a demand Truman 
 denied. The day before 600,000 steelworkers were set to strike, Truman 
 invoked emergency powers to seize the industry and keep the mills running. 
 The union supported the move, but the companies were outraged.\nThe case 
 went to the U.S. Supreme Court, where the justices — including liberals 
 appointed by Truman and Roosevelt — decided 6 – 3 in the 1952Youngstown 
 Sheet & Tube Co. v. Sawyer case that Truman’s takeover was illegal. The 
 current conservative Supreme Court could rule similarly if nationalization 
 of the rail industry were to face legal challenges.\nThere’s another way 
 nationalization could move forward: the government could buy enough company 
 stock to acquire a controlling interest.\nDuring the 2007 – 2009 
 recession, the Obama administration dumped $80billion into the auto 
 industry to take a controlling interest in General Motors and Chrysler 
 while ordering bankruptcy proceedings to restructure the companies. It also 
 bailed out (and temporarily took control of) insurance giant American 
 International Group (AIG) to the tune of $170 billion, which was also 
 described as ​“nationalization,” though the administration garnered 
 criticism for doing too little to rein in the industry. Outrage ensued when 
 AIG then paid out hundreds of millions of dollars in management 
 bonuses.\nWhether it’s paying for stranded assets or buying up shares, 
 any form of railroad nationalization would likely cost billions. But 
 advocates note the federal government is able to find vast sums in 
 emergencies, such as the pandemic or aid to Ukraine, not to mention a 
 nearly $1 trillion military budget. Buying up railroad infrastructure may 
 be the type of radical change that seems impossible — until it 
 isn’t.\nAdvocates note the federal government is able to find vast sums 
 in emergencies, such as the pandemic or aid to Ukraine, not to mention a 
 nearly $1 trillion military budget. Buying up railroad infrastructure may 
 be the type of radical change that seems impossible—until it 
 isn’t.\nGlobal Examples\nNationalization is the norm for railroads in 
 much of Europe, Asia and Latin America, though some countries have pushed 
 for privatization. \nThe Canadian National Railway (CN) was publicly owned 
 for almost 80 years before its privatization in 1995. Starting in the late 
 1990s, CN claimed substantial business in the United States by buying up 
 smaller U.S. railroads. Its privatization was followed by its 
 ​“Americanization,” including cost-cutting and harsher treatment of 
 workers, as labor magazine Canadian Dimension describes.\nIn 1993, 
 Britain’s national rail system was privatized with a vertical separation 
 model. Safety appeared to suffer as multiple operators competed to ship on 
 tracks owned by a separate company. Between 1997 and 2002, five horrific 
 accidents left more than 50 people dead, with media coverage implying that 
 privatization played a role. The company that owned the tracks went 
 bankrupt and its infrastructure was renationalized, with most operations 
 now run by private companies through government contracts. The U.K. 
 continues to grapple with problems caused by the privatization effort, and 
 a 2022 Survation poll found 68% of the public favors public 
 ownership.\nGermany began its railway privatization process in the early 
 1990s, cutting staff and routes for efficiency. But full privatization 
 plans were scuttled by massive worker and public opposition and the effects 
 of the 2007-2008economic crisis. A government owned corporation still 
 controls the system.\nChina, Russia, Ukraine and India similarly run their 
 railroads through state-owned corporations, which are meant to be funded by 
 their own revenue but not driven by the profit motive of a private company. 
 China, however, is among multiple countries that have sought private 
 investment in nationally run rail systems in recent years.\nIn Mexico in 
 1908, President Porfirio Díaz began nationalizing railroads owned by 
 foreign investors. Perhaps ironically, the railroads played a key role in 
 the Mexican Revolution that overthrew him, as campesinos and workers moved 
 cheaply and easily around the country by rail, fueling popular struggle. 
 The famous photograph of ​“Adelita,” a woman soldadera leaning from a 
 train, became one of the revolution’s iconic symbols. Following the 
 revolution, private and foreign investors regained ownership. Leftist 
 President Lázaro Cárdenas renationalized the railroads in 1937, but in 
 later decades they suffered disinvestment and mismanagement. In the 1990s, 
 the railroads were again privatized and passenger service gutted.\nToday, 
 leftist Mexican President Andrés Manuel López Obrador is building a new, 
 nationalized freight and passenger railroad across southern Mexico to spur 
 economic development, but the multi-billion-dollar, nearly 1,000-mile Tren 
 Maya has been criticized for building across fragile ecosystems, sacred 
 Indigenous lands and ancient ruins.\nSupporters of labor group Railway 
 Workers United demonstrate for paid sick leave, among other demands, on 
 Dec. 7, 2022, in New York City. \nLEONARDO MUNOZ/VIEWPRESS VIA GETTY 
 IMAGES\nRegulating and Reckoning\nAnother approach to nationalization might 
 come through incremental railroad regulation. It could start by reviving 
 (and augmenting) the regulatory powers held by the public in the early days 
 of rail.\nThe 1876 Supreme Court case Munn v. Illinois upholds the 
 government’s right to regulate private industry. The case involved 
 allegations that a Chicago grain elevator company wasn’t fairly paying 
 farmers for their harvests, and the Supreme Court affirmed the Illinois 
 Constitution’s stipulation that the government could regulate railroads, 
 warehouses and other entities for the common good, enshrining the concept 
 of public utilities.\nThe 1854 Vermont Supreme Court case Thorpe v. Rutland 
 & Burlington Railroad, regarding a sheep killed by a locomotive, determined 
 the government could order private companies to do things for the public 
 good that affect profit. Namely, the government could force railroads to 
 install cattle guards at their crossings.\nRailroad workers and experts 
 alike say the four major carriers are failing to uphold one of the 
 regulatory mandates that does still bind them: the ​“common carrier 
 obligation” to provide ​“transportation or service on reasonable 
 request.” Shippers argue that the major rail companies are effectively 
 denying service to customers through their limited options for shipping, 
 line abandonment and the railroads’ use of ​“embargoes” on certain 
 shipments caused in part by worker shortages. Unlike electric utility and 
 power companies (which go through lengthy regulatory proceedings to close 
 power plants or develop transmission lines), railroads have few checks on 
 such decisions.\n“The fact that Biden was willing to break with the 
 unions” shows that — as the Supreme Court found in Munn—the railroads 
 are among industries ​“so critical we shouldn’t just leave them to 
 the market,” says UCLA law professor William Boyd, who has written 
 extensively on the challenges of regulating utilities and railroads. 
 ​“The basic common carrier model should apply, to make sure you can’t 
 discriminate against certain types of customers. It becomes a platform for 
 everybody to compete with each other.”\nBoyd says the current situation 
 evokes ​“the same story we’ve heard since the beginning: ​‘We 
 [railroad companies] are standing here at the gateway of commerce and we 
 should be able to charge any price we can.’”\n“The fact that Biden 
 was willing to break with the unions” shows that—as the Supreme Court 
 found in Munn—the railroads are among industries “so critical we 
 shouldn’t just leave them to the market,” says UCLA law professor 
 William Boyd,\nGeorgia College and State University adjunct professor Peter 
 Moore formerly represented a dozen companies that owned 1,500 railroad cars 
 carrying chemicals and other specialty products for freight railroads. He 
 notes those companies, and the industry at large, have suffered as the 
 major carriers restructure the pricing system to their own advantage, 
 including eliminating a per diem paid to the owners of specialty 
 cars.\n“I use the term ​‘oligarchy’ because there’s just a few 
 [railroad companies] and they’re very powerful,” says Moore, who 
 explored the concept of nationalizing railroads in a 2021 piece for the 
 trade publication Supply Chain 24/7. ​“With a very limited number of 
 competitors, a natural consequence is labor gets squeezed, customers get 
 squeezed, governments get squeezed. There’s a natural tendency, when you 
 have fewer and fewer companies — they get aggressive in the ways they 
 handle the market.”\nMoore doubts railroad nationalization is likely any 
 time soon, but he thinks increased government regulation is crucial, 
 including forcing the major railroads to allow more access to their tracks 
 for competing railroad companies.\nSome railroad workers are likewise 
 skeptical that nationalization could work. ​“More stringent regulation 
 is where we begin in my mind,” Matt Weaver says. ​“Public ownership 
 is such a big thing and hard for the public to fathom.”\nRon Kaminkow is 
 among the workers who prefer wholesale change — and now. ​“If the 
 only choices are the status quo versus some form of regulation and 
 restriction to rein the Class I carriers in, then I suppose I would support 
 the latter,” Kaminkow says. ​“However, just like regulating the 
 health insurance industry — providing Obamacare or what have you — 
 these are not real solutions.\n“We need a national healthcare system. I 
 think the same thing holds true for the railroads.”\nWhile there’s been 
 little talk of outright nationalization among politicians, there is clearly 
 recognition of just how desperately change is needed. At the Surface 
 Transportation Board hearings in April 2022, Secretary of Transportation 
 Pete Buttigieg said the board will require improvement plans from the 
 railroad companies that include an examination of the impact on workers and 
 the need for a larger workforce.\n“Railroad workers finally see the game 
 for what it is, and that their wages, benefits, working conditions and 
 numbers of employment are going to continue to suffer as long as the 
 railroads are held privately. There is no alternative but to consider 
 nationalization and public ownership.”\n“When we overburden rail 
 workers, it only furthers turnover, worsens service and presents serious 
 safety issues,” Buttigieg said.\nThe major rail unions are currently 
 organizing ahead of the next round of contract negotiations, which are set 
 to start in under two years. Some, like the SMART Transportation Division, 
 are calling on Biden to issue an executive order guaranteeing sick leave in 
 the industry.\nKaminkow and others have vowed to keep building up the power 
 and unity they’ve amassed this past year, and they hope nationalization 
 will become central to the discussion. Railroad Workers United is planning 
 to expand its campaign around nationalization, though the labor 
 organization still only counts a small percentage of the total railroad 
 workforce among its members.\n“The discontent and the anger of the rank 
 and file of all the crafts in freight service” are stronger than 
 they’ve been in recent years, Kaminkow says. ​“Railroad workers 
 finally see the game for what it is, and that their wages, benefits, 
 working conditions and numbers of employment are going to continue to 
 suffer as long as the railroads are held privately. There is no alternative 
 but to consider nationalization and public ownership.”\n 
 https://www.indybay.org/newsitems/2023/03/07/18854782.php
SUMMARY:From Hunters Point To E. Palestine Prosecute & Jail Tetra Tech & Norfolk Southern CEOs
LOCATION:San Francisco Federal Building\n450 Golden Gate\nSan Francisco, CA
URL:https://www.indybay.org/newsitems/2023/03/07/18854782.php
DTSTART:20230313T230000Z
DTEND:20230314T000000Z
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