From a reader:

Jonah,
I’m not sure about other states, but in California I believe that the death penalty can also be applied in cases of treason, perjury in a trial that could lead to the death penalty, and (my favorite) train wrecking.
Obviously the latter case is a holdover from another era, and may it remain so, but I like it because it shows how serious society must be about such crimes. Even if deliberately wrecking a train somehow causes no deaths, the crime itself is heinous enough to warrant execution. Unlike with attempted murder, the fact that the perp got “lucky” does not cast any conceivable doubt on his intent.