US DOJ Sues Norfolk Southern Over Ohio Train Derailment

Facts

• The US Dept. of Justice (DOJ) filed a civil lawsuit against Norfolk Southern Thursday over potential environmental damage caused by a train derailment in East Palestine, Ohio, that spilled hazardous chemicals in early February.¹
• The lawsuit filed in the US District Court in Ohio on behalf of the Environmental Protection Agency (EPA) requests penalties for the alleged unlawful discharge of pollutants under the Clean Water Act.²
• The state of Ohio has also sued Norfolk Southern, seeking assurance that the company will pay for any environmental damage and cleanup efforts.³
• The derailment impacted 38 rail cars, including 11 carrying hazardous materials. In February, the EPA issued an order requiring Norfolk Southern to address the contamination and pay for EPA response fees.⁴
• The lawsuit claims that high levels of exposure to vinyl chloride and other hazardous chemicals leaked by the derailment are linked to 'an increased risk of cancer; risks to fetal development; damage to organs like the liver, kidneys, lungs, and skin; and other health conditions.'⁵
• In addition to fines, the DOJ is requesting a declaration of liability; a mandated increase in safety precautions; and for the company to “remedy, mitigate, and offset” the environmental damage and public health issues that have reportedly arisen from the derailment.¹

Sources: ¹CNN, ²Reuters, ³CNBC, ⁴Guardian and ⁵USA Today.

Narratives

• Narrative A, as provided by CNBC. The DOJ and the EPA are acting to pursue justice for the residents of East Palestine and ensure that Norfolk Southern is held accountable for the derailment as well as the long-lasting costs and environmental impact associated with it. New standards and requirements also need to be put in place to ensure something like this never happens again.
• Narrative B, as provided by PBS NewsHour. Norfolk Southern is working diligently under the direction of the EPA to clean up the contamination site, assist residents whose lives were impacted by the derailment, and invest in the future of East Palestine and the surrounding areas. The company is dedicated to righting any wrongs caused by the derailment, with or without a court mandate.