Environmental

FMSCA Orders South Dakota Trucking Company to Cease Operations

Chris Welsh, Esq. welsh-law.com The Federal Motor Carrier Safety Administration (“FMCSA”) has declared the Mitchell trucking company and its owner-driver to be “imminent hazards to public safety” (truckinginfo.com). The federal administration has ordered the South Dakota-based trucking company to cease all commercial operations within South Dakota and between other states. The order against the driver and company comes after an investigators found the company committed serious violations of federal regulations. Violations included failure to implement random drug and alcohol testing, dispatching intoxicated drivers with blood alcohol content of 0.04% or greater, and failure to enforce hours-of-service rules design to prevent …

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CPSC Recalls Portable Space Heater Recall for Electric Shock Risk

This year’s winter has turned serious for many Americans, especially those in the Northeast. Last week, Boston received a record snowfall of 34.2 inches in just 7 days and now expects another storm this weekend. That’s incredible considering that, on average, the city gets 40.9 inches per year. Frigid temperatures compound many problems such as mass transit, getting to school, and staying warm at home. If you live in a cold winter city, or plan to visit one soon, make sure to take precaution if you’re staying warm with a space heaters. Space heaters are common solutions for keeping homes …

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Jury Awards $4 Million to Family of SF Cyclist Killed by Big-Rig Collision

Chris Welsh, Esq. www.welsh-law.com The family of a cyclist fatally struck by truck in San Francisco’s South of Market neighborhood was awarded $4 million by a San Francisco Superior court jury last month. On August 14, 2013, Amelie Le Moullac, 24, was commuting to work when she was struck and killed by big-rig driver Gilberto Alcantar. Her tragic death was a point of much contention and emotion in a city where bicycling as a mode of transportation has nearly doubled in the last decade. Following the incident, the San Francisco Police Department was criticized for its handling of the investigation …

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New Truck Proposal Not as Safe as It Sounds

Christopher Welsh, Esq. www.welsh-law.com Later this year, Congress will consider a proposal to lengthen tractor trailers by five feet, an expansion that will at 18 percent volume for cargo. Proponents of the change claim this is a wise move for industry efficiency and safety–but this could not be further from the truth. They argue that Congress should back off restricting the size of trucks because the industry has “adopted significant safety upgrades,” but cannot also fulfill the delivery demands of 9 million people with just 28-foot trailers. They argue that bigger trucks will increase truck driving stability, decrease traffic congestion, and bring …

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Attorney on the Iowa Sledding Ban: “Nothing to Fear but Fear Itself”

Chris Welsh, Esq. welsh-law.com The Dubuque City Council of Dubuque, Iowa has imposed a sledding ban for fear of lawsuits. They’ve not only banned sledding, but threaten $750 fine for sledding at nearly every park in the city (96% to be exact). Unsurprisingly, a media frenzy has followed, likely fueling ideas that our nation is “sue-happy.” Speaking out in the Des Moines Register, Iowa attorney Brad Lint is calling the council’s move for what it is–ridiculous. Not only are personal injury cases only 0.4% of the cases filed in Iowa, but there have only been three sledding cases in Iowa …

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