DOJ Files Lawsuit Against Norfolk Southern Over Train Derailment

Updated March 31, 2023

• The U.S. Department of Justice filed a lawsuit against Norfolk Southern to ensure the company pays for the total cost of clean-up and any long-term impacts felt by the communities affected in Ohio and Pennsylvania. EPA administrator Michael Regan said: 

"[The suit will] ensure Norfolk Southern cleans up the mess they made and pays for the damage they have inflicted as we work to ensure this community can feel safe at home again."

• The lawsuit, filed in the U.S. district court of Ohio on behalf of the EPA, is in pursuit of penalties and injunctive relief for the unlawful spill of chemicals under the Clean Water Act. U.S. attorney general Merrick Garland said: 

"With this complaint, the Justice Department and the EPA are acting to pursue justice for the residents of East Palestine and ensure that Norfolk Southern carries the financial burden for the harm it has caused and continues to inflict on the community."

• The CDC reported earlier this month that government officials fell ill while investigating the train derailment site. The team was looking into the lingering health effects of Norfolk Southern's toxic spill. The investigators and East Palestine residents noted experiencing sore throats, headaches, coughing, and nausea. 
• Norfolk Southern's CEO, Alan Shaw, said the company is committed to paying for clean-up costs and addressing long-term health issues. 

Updated March 9, 2023

• Senators on the Environmental and Public Works Committee held a hearing today of the Norfolk Southern train derailment in East Palestine, Ohio. The hearing examined the environmental and public health threats caused by the spill of hazardous materials in the town. 
• Lawmakers asked about what the company is doing to help workers, including paid leave and healthcare needs. 
• EPA Regional Administrator Debra Shore testified that the agency put out an administrative order holding Norfolk Southern accountable for all costs related to clean-up and restoration. 
• In a bipartisan effort, Senators called for more regulation, increased safety requirements, and higher penalties for railroad companies. 
• The CEO of Norfolk Southern, Alan Shaw, said during the company's testimony: 

"I am terribly sorry for the impact this derailment has had on the folks of the community. Yes, it is my commitment and Norfolk Southern's commitment that we are going to be there for as long as it takes to help East Palestine thrive and recover."

• Shaw continued by saying he believes the air and water are so safe in East Palestine that he would live there, given what he's seen of the clean-up. Despite nearly 5,000 people being affected by the chemical leaks, no local residents were invited to testify.

Updated March 6, 2023

• Another one of Norfolk Southern's trains derailed in Springfield, Ohio, according to several state and local agencies. 28 train cars slid diagonally across the tracks, which officials say were not carrying any toxic chemicals. 
• This marks the company's second major derailment in just over a month. While spokespeople say this derailment does not threaten the community, questions and concerns about the environmental and public health of East Palestine are still lingering.
• Springfield hazmat coordinator Matt Smith said the derailed cars carried residual diesel exhaust fluid levels and a polyacrylamide water solution. The Ohio Emergency Management Agency said the materials were "common industrial products shipped via roadrail."
• When comparing the two events, Ohio EPA Director Anne Vogel said: 

"If there's anything we've learned so far, it's that transparency matters, encouraging facts, not misinformation. We will continue to be good partners in getting the facts out."

• As cleanup in East Palenstine continues, Norfolk Southern has received mass scrutiny. The company pledged several million dollars to cover the cost of response and recovery, on top of any legal obligations that might be imposed. 

Updated February 16, 2023

• Since the residents of East Palestine returned home, reports of medical ailments and discomforts — like headaches and rashes — have been popping up, leading to outrage from the community over a lack of answers. 
• The community members held a town hall meeting Wednesday night, sharing their frustration with the public officials. Norfolk Southern spokespeople didn’t show up, pulling out just hours before what was supposed to be an information session. 
• Earlier this week, the EPA released details of the various hazardous chemicals on the trains, all of which cause irritation and neurological symptoms like dizziness and headaches when inhaled or ingested. 
• The release of chemicals in the surrounding area’s waterways has led to the death of around 3,500 fish. Despite this estimate by the Ohio Department of Natural Resources, officials say the water in the Ohio River is safe to drink. The state’s EPA director, Anne Vogel, said:

“The Ohio River is very large, and it’s a water body able to dilute the pollutants very quickly. We’re pretty confident that these low levels are not getting passed onto the customers.”

• Residents are still encouraged to use bottled water until tests on municipal water sources are complete. 
• Nevertheless, many in the town are doubting their safety. People want to know why they are feeling sick if the air and water quality is supposedly safe. Dianna Elzer, whose home is 600 yards away from the crash site, said: 

“That’s not real reassuring that they’re just going to say, ‘Oh, everything’s good,’ because we aren’t going to know the true ramifications of what the impact on the environment is for a while.”

• Maggie Guglielmo, a small business owner, is having the air quality inside her building tested privately. Even though the EPA said her building’s air quality is fine, she feels uncertain. She said: 

“I wear an N95 mask when I go in, but I can still smell the stuff. I also wear goggles, but it’s still irritating my eyes.”

• Many are pointing to Trump-era rollbacks on key safety rules as a possible cause of the derailment. Learn more here.

What’s the story?

• Earlier this month, a train carrying toxic chemicals derailed in Ohio, causing a major fire and billowing smoke throughout the town of East Palestine. 
• The Environmental Protection Agency (EPA) said around 50 Norfolk Southern train cars went off the track — about 20 of which were carrying hazardous materials that were released into the environment. 
• Ohio Gov. Mike DeWine raised concerns about the train exploding and ordered town residents to evacuate. Authorities released the toxic fumes in what they called a “controlled” manner in order to neutralize some burning cargo. 
• The train contained chemicals and combustible materials, including vinyl chloride, butyl acrylate, hydrogen chloride, phosgene, and more. Of most concern is vinyl chloride, which breaks down into other chemicals, such as formaldehyde, when exposed to sunlight.

Environmental and public health concerns

• The incident has caused much concern about the residents' health and the air, soil, and water in the surrounding area.
• On Feb. 12, the EPA said it had not detected concerning levels of pollution in the air but that residents might smell an odor. However, experts are voicing doubt that the pollution levels are safe for humans, animals, and natural environments in the area. 
• The inhalation of these fumes could cause dizziness, nausea, headache, visual disturbances, respiratory problems, and other health issues, according to professor Ashok Kumar of the University of Toledo. Kumar added that exposure to the hydrogen chloride fumes could irritate the throat and skin, while phosgene fumes could lead to chest constriction and even choking. Long-term exposure to vinyl chloride, a carcinogen, can lead to cancer, said professor Kevin Crist from Ohio University’s Air Quality Center. Crist went on to compare the inhalation of the carcinogen to “acid mist.”
• Cleanup of the spill is expected to take years to complete. The EPA will remain involved to oversee the cleanup and continue to take water and air samples to ensure the pollution levels are safe for the residents. Local officials maintain that the air and water are safe in East Palestine.

Reports from residents 

• Since the evacuation order was lifted last week, there have been growing reports of people experiencing burning sensations, headaches, and more. 
• There are reports of animals around the crash site exhibiting strange behavior, with some even dying. One farmer and fox keeper, Taylor Holzer, reported sudden injuries and deaths of his foxes, even though he resides outside the evacuation zone. When telling WKBN 27 News about one of his foxes, he said:

“Out of nowhere, he just started coughing really hard, just shut down. This is not how a fox should act. He is very weak…Smoke and chemicals from the train, that’s the only thing that can cause it, because it doesn’t just happen out of nowhere. The chemicals that we’re being told are safe in the air, that’s definitely not safe for the animals…or people.”

• Some business owners and residents of East Palestine have filed lawsuits against Norfolk Southern for negligence, demanding the company funds medical screenings for those exposed to the chemicals. 

Should Ohio hold Norfolk Southern responsible? Let Gov. DeWine know what you think. 

-Jamie Epstein

(Photo credit: Environmental Protection Agency)