Ohio and its Attorney General Dave Yost filed a civil lawsuit against Norfolk Southern rail company Tuesday for the East Palestine, Ohio, train derailment last month that resulted in the release of hazardous chemicals.
Per the lawsuit, “over 1 million gallons of hazardous chemicals,” leaked out from the derailment site, “recklessly endangering” area residents and wildlife.
“Ohio shouldn’t have to bear the tremendous financial burden of Norfolk Southern’s glaring negligence,” Yost said. “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.”
Per the lawsuit, the Feb. 3 train derailment killed tens of thousands of fish and other animals. Large fires also resulted from the derailment.
Norfolk Southern said in a Tuesday update on its site that it is “committed to doing what’s right for East Palestine to ensure the community recovers and thrives.”
“This lawsuit will make sure that Norfolk Southern keeps its word,” said Yost.
In the suit, Norfolk Southern is cited for 58 violations, including an alleged failure to comply with the Comprehensive Environmental Response, Compensation, and Liability Act, Ohio’s Hazardous Waste Law and more. It also mentions Norfolk Southern’s accident rate, which the suit alleges increased by 80% over the past 10 years.
“At least 20 Norfolk Southern derailments since 2015 have involved chemical discharges,” said the attorney general’s press release. Furthermore, it said the “derailment was entirely avoidable and the direct result of Norfolk Southern’s practice of putting its own profits above the health, safety and welfare of the communities in which Norfolk Southern operates.”
While the complaint asks for a jurisdictional minimum for federal damages of $75,000, plaintiffs expect that damages will “far exceed” this amount, “as the situation in East Palestine continues to unfold.”
As of this week, the U.S. Environmental Protection Agency said that contaminated waste from the train derailment site was being shipped to appropriate disposal facilities. A Thursday open house in East Palestine was also announced.
Yost asked the court to require Norfolk Southern to conduct future monitoring of soil and groundwater in the area around the derailment and to submit a closure plan to the Ohio EPA. The lawsuit also seeks to prohibit Norfolk Southern from disposing of additional waste at the derailment site “and from polluting Ohio waters.”
Related
Related
