Yellowstone River Fish Toxic After Train Derailment; Officials Warn Against Consumption

Federal officials have declared Yellowstone River fish too toxic for human consumption after a train derailment that occurred back in June.

The Montana Fish, Wildlife & Parks (MFWP) issued a consumption advisory on Tuesday afternoon declaring the discovery of polycyclic aromatic hydrocarbons (PAHs) across multiple fish species. MFWP stated that the source of the toxins remains unknown. MFWP advised that no fish from the river be consumed anywhere, even beyond their advisory area.

“Out of an abundance of precaution and unknown conditions in adjacent sections of the river, those with specific concerns may want to avoid consuming all species of fish from the Yellowstone River at any location until more is known on the severity and prevalence of this contamination,” stated MFWP.

The PAHs discovered were naphthalene, 1-methylnaphthalene, 2-methylnaphthalene, and acenaphthylene. The Environmental Protection Agency (EPA) classifies naphthalene, 1-methylnaphthalene, 2-methylnaphthalene, as cancer-causing agents, but doesn’t classify acenaphthylene as cancer-causing.

Apart from cancer, the CDC notes that PAHs have been associated with the onset of various pulmonary, gastrointestinal, renal, and dermatological issues.

The consumption advisory affects all fish species in the river spanning from the Indian Fort Fishing Access Site (FAS) near the census-designated place of Reed Point to the Highway 212 bridge in the city of Laurel. That’s roughly 45 miles, longer than the initial MFWP emergency closure enacted over the train derailment back in June. That closure spanned from Reed Point to the city of Columbus, roughly 18 miles.

MFWP explained that the PAHs source was unknown — despite the train derailment — due to the natural occurrence of some PAHs in the environment, like shale rock, and the introduction of other common materials like oil, gas, plastics, and pesticides.

In June, 10 cars transporting asphalt liquified petroleum, molten sulfur, and scrap metal fell into the Yellowstone River after the 52-car freight train derailed when the Twin Bridges railroad bridge collapsed. The train’s crew reported no injuries.

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The highway bridge parallel to the railroad bridge was closed and demolished in 2021. The bridge passed a safety inspection in May, according to a spokesman for the entity that maintains the bridge, Montana Rail Link (MRL), in a statement to the Associated Press.

MRL reported that the cause of the derailment was unknown. The Federal Railroad Administration hasn’t issued a Factual Investigation Report naming a probable cause for the incident.

The EPA noted in its press release immediately following the derailment that asphalt globules were detected downstream and in the body of the river. However, the EPA said that the asphalt waste wasn’t water soluble and wouldn’t affect water quality.

In a site update last month, the EPA said that there were no known threats to public health from the spill. The agency noted that local cleanup crews were only targeting “actionable asphalt material,” or only that which could be removed without causing “significant damage to natural habitat” like sediment and vegetation. As a result, the EPA reported that the crews have been breaking down the material into smaller pieces and covering them with sediment to “aid in the natural breakdown process.”

This practice is part of Phase 1 of the cleanup effort, which began early last month and will last until next spring. Phase 2 is scheduled for next summer.

Per that update, crews collected approximately 231,700 pounds of asphalt out of the estimated 419,400 pounds of asphalt.

Tuesday’s consumption advisory followed another from last month, which more narrowly affected mountain whitefish following the discovery of elevated phenanthrene levels, another PAH. Phenanthrene wasn’t discovered in the more recent sampling that resulted in this week’s sweeping consumption advisory. The EPA doesn’t classify phenanthrene as a cancer-causing agent.

Federal Judge Rejects Hunter Biden Request To Appear In Court Via Video Conference

A federal judge rejected a request from Hunter Biden’s legal team this week to allow the president’s son to make his arraignment on federal gun charges through a video conference instead of having to show up in person.

U.S. Magistrate Judge from the District of Delaware Christopher Burke rejected the request in an order on Wednesday afternoon.

Burke gave multiple reasons for denying, including that the Court believes the appearance in important because its one of the few times that the defendant will physically be in the courtroom and the setting “helps to emphasize the ‘integrity and solemnity of a federal criminal proceeding.'”

Special Counsel David Weiss indicted Hunter Biden earlier this month on three charges related to the purchase of a firearm, including allegedly making multiple false statements, and being unlawfully in possession of a firearm.

“Moreover, in this matter, most of the criminal charges that Defendant now faces are new and were not addressed at his prior hearing in July 2023-such that this will be the first time they are discussed in court,” Burke wrote. “The Court will also address Defendant’s pre-trial release conditions; while the Court expects it is likely that the currently-imposed conditions will remain in place, were either side to suggest alterations, the Court would want to be able to address that issue in person with the parties.”

“Other than during the exigent circumstances of the COVID crisis (when the Court was proceeding under the auspices of the now-expired CARES Act standing order), in 12 years as a judge on this Court, the undersigned cannot recall ever having conducted an initial appearance other than in person,” he continued. “That has been the case as to defendants of all types, regardless of their location or personal circumstance.”

Burke used the words from Hunter Biden’s legal team against him, saying that he agrees that Hunter Biden “should not receive special treatment in this matter-absent some unusual circumstance, he should be treated just as would any other defendant in our Court.”

“Any other defendant would be required to attend his or her initial appearance in person,” he said. “So too here.”

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Hunter Biden’s court appearance is scheduled for October 3 at 10 a.m. in Delaware.

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