PORTLAND, Maine (AP) — A lawyer for most of the 47 people killed when an oil train derailed in Canada says he’s going to sue a Canadian railroad that declined to participate in a settlement fund.

Canadian Pacific says it’s not responsible for the July 2013 disaster in Lac Megantic (lak meh-gahn-TEEK’), Quebec, and puts the blame squarely on the railroad whose runaway train derailed.

But attorney Peter Flowers said Tuesday that Canadian Pacific knew the crude oil was unstable before handing it off to an “incompetent” railroad. He’s suing in Illinois, seeking monetary damages.

Judges in Maine and Quebec have signed off on a settlement fund for victims valued at $338 million in U.S. currency, or $446 million in Canadian currency. Canadian Pacific declined to contribute to the settlement fund.

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