I did not read the 98-pages of affidavits, but in the other text saw no mention of RR track conditions and control systems that have figured prominently in derailments and require reduced speeds on many sections of track. The condition of the physical systems must be considered and inspected frequently owing to weather and other hazards, collisions at RR-highway crossings as an unpredictable but anticipated, perhaps all too frequent, occurrence.

Unfortunately, we have no fool-proof material transportation modes. And our risk management and insurance rates are woefully at the mercy of political decision-makers with woeful levels of confidence in scientific and technical analysis and weight of evidence.