A Baltimore City Circuit Court ruled that the information railroads submit to the state about the volume and frequency of crude oil rail shipments is public and subject to disclosure under the Maryland Public Information Act.
In the ruling, Judge Lawrence P. Fletcher-Hill stayed his Aug. 14 order until September to give railroad companies time to decide if they will appeal.
Previously, CSX Transportation and Norfolk Southern sued the Maryland Department of the Environment (MDE) to stop Maryland state officials from releasing route information and also releasing details about crude oil volumes being moved through the state.
Trains carrying crude oil from North Dakota and Canada deliver it to a barge terminal in South Baltimore and also to refineries in Delaware. The trip to Delaware involves moving oil through small towns in Cecil County, Maryland.
MDE Sec. Ben Grumbles and Maryland Att. Gen. Brian E. Frosh each issued separate statements praising the court decision.
"We strongly believe that this kind of information-the transport of millions of gallons of toxic material-should be open to the public," Frosh said.
Anne Havemann, general counsel for the Chesapeake Climate Action Network, said, "This is a significant victory for transparency and for Maryland residents living along the path of oil trains. Shedding light on the risks is the first step toward stronger state and local action to safeguard our communities."
The federal government stiffened its regulations after several rail incidents involved derailment of cars carrying Bakken crude oil, sometimes resulting in explosions and fires.
The US Department of Transportation issued a final rule this year, which also enhanced braking and reduced operating speeds.
After the 2014 order, CSX and Norfolk Southern asked MDE to not release their documents to the public. State officials initially agreed, but then questioned that decision after various media, including the Associated Press, filed requests under the state's public information act.
CSX and Norfolk Southern subsequently each filed a lawsuit seeking to keep the information exempt from public release. In July 2014 litigation, the rail companies said disclosure of confidential commercial information could pose security risks.
Judge Fletcher-Hill noted that much of the information is already public. He refused the exemption, ruling "there is no likelihood that disclosure...would cause substantial competitive harm."
CSX spokeswoman Melanie Cost said the firm was reviewing the decision, adding CSX remains committed to safely moving oil and all other shipments on its network.
Norfolk Southern spokesman David Pidegon said his firm also was reviewed the decision.
During July, the Baltimore City Council hosted a 2-hr hearing about the safety of crude oil shipments and the preparations for potential accidents.