Ohio sues Norfolk Southern over East Palestine derailment
Breanne Deppisch
Video Embed
Ohio Attorney General Dave Yost announced a federal lawsuit Tuesday against freight operator Norfolk Southern over last month’s train derailment in East Palestine.
Yost announced the lawsuit at a press conference Tuesday afternoon. The 58-count complaint was filed in the U.S. District Court for the Northern District of Ohio and accused Norfolk Southern of violating a range of federal and state laws.
HOUSE REPUBLICANS ADVANCE ENERGY PACKAGE HR 1 TO COUNTER BIDEN AGENDA
Among them are counts of negligence, trespassing, and multiple breaches of the Comprehensive Environmental Response, Compensation, and Liability Act.
Yost said Tuesday that the state is seeking damages, civil penalties, and a “declaratory judgment” from the court that Norfolk Southern is responsible for the catastrophe.
“This derailment was entirely avoidable,” Yost said. “I’m concerned that Norfolk Southern may be putting profits for their own company above the health and safety of the cities and communities they operate in.”
Yost alleges in the lawsuit that the incident has resulted in “substantial damage to the regional economy of the state of Ohio, its citizens and its businesses.”
At least 10 cars on the 110-car freight train had been carrying toxic chemicals when it derailed last month near the Ohio-Pennsylvania border, forcing officials to order a controlled burn as they raced to avoid an explosion.
Residents were forced to temporarily evacuate the area, and many have expressed concerns about water and soil contamination in the weeks since their return. A number of residents have also reported mysterious rashes, coughs, sore throats, and other symptoms.
According to Ohio’s attorney general, “releases from at least 39 rail cars have made their way into Sulfur Run, Leslie Run, Bull Creek, North Fork Little Beaver Creek, Little Beaver Creek, and the Ohio River” since the Feb. 3 derailment.
The Environmental Protection Agency has told Norfolk Southern that it must foot the bill for the cleanup and weekly water sampling in the area, including screening for vinyl chloride, butyl acrylate, ethylene glycol monobutyl ether, ethylhexyl acrylate, and ethylhexanol — all toxic chemicals that were released during the derailment.
“Ohio shouldn’t have to bear the tremendous financial burden of Norfolk Southern’s glaring negligence. The fallout from this highly preventable incident may continue for years to come, and there’s still so much we don’t know about the long-term effects on our air, water and soil,” Yost said Tuesday.
CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER
The National Transportation Safety Board traced the derailment and the initial fire of the Norfolk Southern train to an overheated axle, according to a preliminary report. It also found that aluminum covers over the pressure relief valves melted on several of its tank cars.
Norfolk Southern has since pledged to enhance its safety operations and published a new six-point safety plan last week aimed at responding to the findings.