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Ohio Files Lawsuit Against Norfolk Southern over East Palestine Train Disaster

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Ohio Attorney General Dave Yost (R) filed a 106-page federal lawsuit against Norfolk Southern on Tuesday over last month’s train derailment in East Palestine, which spewed toxic chemicals into the environment, leaving the small town and its residents in disarray.

The lawsuit seeks to hold Norfolk Southern liable for all financial damages resulting from “the release of over one million gallons of hazardous materials” and other harmful pollutants into Ohio’s air, water, and soil.

FILE - This photo taken with a drone shows portions of a Norfolk Southern freight train that derailed Friday night in East Palestine, Ohio are still on fire at mid-day Saturday, Feb. 4, 2023. On Friday, Feb 24, The Associated Press reported on stories circulating online incorrectly claiming a photo shows birds that “dropped dead” in Kentucky following the Ohio train derailment, and a video shows birds in northern Indiana that also died from the hazardous chemicals released after the derailment. (AP Photo/Gene J. Puskar, File)

This photo taken with a drone shows portions of a Norfolk Southern freight train that derailed in East Palestine, Ohio. (AP Photo/Gene J. Puskar)

Furthermore, the derailment killed “tens of thousands of fish and other animals, and recklessly endanger[ed] the health of Ohioans throughout the region,” the lawsuit argues.

The suit was filed in federal court in northern Ohio, and goes on to state that “Norfolk Southern should have taken, but did not, appropriate steps to prevent the Derailment and resulting harm to the State.”

HEPACO workers observe a stream in East Palestine, Ohio, Thursday, Feb. 9, 2023, as the cleanup continues after the derailment of a Norfolk Southern freight train Friday. (Gene J. Puskar/AP)

“And at a minimum Norfolk Southern should have been prepared to adequately respond to the Derailment and mitigate damage immediately after the Derailment,” the lawsuit adds.

“The Derailment has caused substantial damage to the regional economy of the State of Ohio, its citizens, and its businesses,” the complaint states. “The citizens of the region have been displaced, their lives interrupted, and their businesses shuttered.”

A view of the scene Friday, Feb. 24, 2023, as the cleanup continues at the site of of a Norfolk Southern freight train derailment that happened on Feb. 3 in East Palestine, Ohio. (AP Photo/Matt Freed)

A view of the scene Friday, Feb. 24, 2023, as the cleanup continues at the site of a Norfolk Southern freight train derailment that happened on February 3 in East Palestine, Ohio. (AP Photo/Matt Freed)

Therefore, Ohio is now seeking civil penalties, compensatory and punitive damages, as well as “for declaratory and injunctive relief, to remedy Defendants’ violations of law.”

“Ohio shouldn’t have to bear the tremendous financial burden of Norfolk Southern’s glaring negligence,” Yost said in a press release. “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.”

In total, Ohio’s 58-count lawsuit against Norfolk Southern raises a host of claims, ranging from federal and state environmental laws to Ohio common law violations such as trespass and negligence.

The case is Ohio ex rel. Yost v. Norfolk Southern Corp., No. 4:23-cv-517 in the U.S. District Court for the Northern District of Ohio.

Sen. J. D. Vance (R-OH). (MANDEL NGAN/AFP via Getty Images)

Meanwhile, the Biden administration is making it more difficult to clean up the area in East Palestine, Sen. J.D. Vance (R-OH) told Breitbart News on Saturday.

“These railroad companies have gotten totally in bed with big government,” Vance said. “Most recently, they were bailed out by the government in the form of the feds coming in, Joe Biden and others coming in and settling the labor union issue that the railroads have.”

As for the residents of East Palestine, some are reporting similar and unusual symptoms, such as feeling a burning sensation when they breathe, rashes, and general feelings of weakness, which one health care worker referred to as “chemical bronchitis.”

You can follow Alana Mastrangelo on Facebook and Twitter at @ARmastrangelo, and on Instagram.

Ohio sues Norfolk Southern over devastating and ‘entirely avoidable’  train derailment in East Palestine

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Ohio is taking Norfolk Southern to federal court over the disastrous Feb. 3 derailment in East Palestine that turned the sky overhead black with toxic chemicals, poisoned nearby wildlife, and chased residents from their homes.

The state’s 58-count federal lawsuit filed Tuesday by Republican Attorney General Dave Yost accuses the railway of “recklessly endangering” both the health of Ohioans and the state’s natural resources.

Overview

This suit, which comes just days after another another Norfolk Southern train went off the tracks in Alabama, seeks to ensure that the scandal-plagued, politically invested, and accident-prone company pays to clean up its mess, continues monitoring groundwater and soil for years to come, and compensates those economically devastated by the derailment.

“Ohio shouldn’t have to bear the tremendous financial burden of Norfolk Southern’s glaring negligence,” Yost said in a statement. “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.”

While the railway, which recently celebrated “double-digit percentage growth in revenue and … record revenue and operating income,” has suggested it will do right by its apparent victims, Yost isn’t leaving anything to chance.

The Ohio attorney general underscored that this lawsuit “will make sure that Norfolk Southern keeps its word.”

‘Reckless’

The lawsuit notes that the Feb. 3 derailment resulted “in the release of over one million gallons of hazardous materials, hazardous substances, hazardous wastes, and/or other harmful pollutants into Ohio’s air, streams, river, soil, and groundwater, killing tens of thousands of fish and other animals, and recklessly endangering the health of Ohioans throughout the region.”

According to the suit, Norfolk Southern’s “negligent, willful, wanton, and/or reckless conduct caused the contamination of the environment.”

The Norfolk Southern train consisted of 141 loaded cars, nine empty cars, and three locomotives. Around 50 cars went off the tracks. A number of the cars contained hazardous material. After the cars went off the tracks, the railway conducted a “controlled release” of some of their contents, suggesting that a failure to do so could otherwise have proven deadlier.

“Defendants breached the duty of care by causing the Derailment and resulting fires,” said the suit.

Among the toxic chemicals stored in the wrecked cars were vinyl chloride, hydrogen chloride, ethylene glycol monobutyl ether, ethylhexyl acrylate, and isobutylene.

“Defendants breached the duty of care by failing to promptly, effectively, and safely control, mitigate, and remediate the release of hazardous materials, hazardous substances, hazardous wastes, and/or other harmful pollutants at the time of and following the Derailment, including but not limited to intentionally burning vinyl chloride after the Derailment.”

Burning vinyl chloride — as the railroad company ultimately did in the case of some of the over 877,000 pounds contained in train 32N’s rail cars — turns it into hydrogen chloride and phosgene gas, the later of which was used as a weapon of mass slaughter in World War I.

TheBlaze previously reported that contrary to claims made by Environmental Protection Agency officials, a team of researchers from Texas A&M found that there continue to be abnormally high levels of airborne toxins resultant of the railway’s hazmat spill and controlled burn that could jeopardize the long-term health of residents in the area.

According to the suit, pollutants 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, the Ohio River, and potentially other waterways.

The lawsuit underscores that 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,” citing an 80% rise in the company’s accident rate over the past 10 years and at least 20 derailments since 2015 involving chemical discharges.

It further notes that the company has “an extensive and tragic history” of similar derailments and hazmat releases resulting in calamity.

Federal data indicates that Norfolk Southern accounted for over half the hazmat damages involving rail transportation in 2022.

Rectification

Yost indicated in his release that Ohio is seeking injunctive relief, civil penalties, costs, damages, and court costs, including:

  • “A declaratory judgment holding Norfolk Southern responsible”;
  • “Recovery of costs and damages under the CERCLA and Ohio law for emergency response”;
  • “Repayment of damages under common law”;
  • “Repayment of costs under common law, including present and future costs incurred by the state in responding to the emergency, providing public services, preventing future harm to the environment and public health, restoring natural resources, and abating the nuisance”;
  • “Civil penalties under state environmental laws”; and
  • “Repayment of court costs.”

The New York Times reported that Norfolk Southern has been in discussion with Yost’s office.

In a statement the company said, “We look forward to working toward a final resolution with Attorney General Yost and others as we coordinate with his office, community leaders, and other stakeholders to finalize the details of these programs.”

Extra to Ohio’s suit, Norfolk Southern faces an investigation by Pennsylvania’s attorney general into whether criminal charges are warranted as well as an order by the EPA to clean up any contamination resultant of the East Palestine derailment.

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Ohio Sues Norfolk Southern over Toxic Train Derailment

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(AP) Ohio filed a lawsuit against railroad Norfolk Southern to make sure it pays for the cleanup and environmental damage caused by a fiery train derailment on the Ohio-Pennsylvania border last month, the state’s attorney general said Tuesday.

The federal lawsuit also seeks to force the company to pay for groundwater and soil monitoring in the years ahead and economic losses in the village of East Palestine and surrounding areas, said Ohio Attorney General Dave Yost.

“The fallout from this highly preventable accident is going to reverberate throughout Ohio for many years to come,” Yost said.

No one was hurt in the Feb. 3 derailment, but half of the roughly 5,000 residents of East Palestine had to evacuate for days when responders intentionally burned toxic chemicals in some of the derailed cars to prevent an uncontrolled explosion, leaving residents with lingering health concerns. Government officials say tests over the past month haven’t found dangerous levels of chemicals in the air or water in the area.

Norfolk Southern CEO Alan Shaw apologized before Congress last week for the impact the derailment has had on the area, but he didn’t make specific commitments to pay for long-term health and economic harm.

The railroad has promised more than $20 million so far to help the Ohio community recover while also announcing several voluntary safety upgrades.

Norfolk Southern said Tuesday in a response to the lawsuit that it was listening to concerns from the community and planning to take additional steps to deal with some of those.

The railroad is working on creating a long-term medical compensation fund, a way to provide protection for home sellers if their property loses value because of the derailment, and improving drinking water protections, it said in a statement.

The lawsuit also asks for the railroad to reimburse first responders and state agencies for the costs of dealing with the disaster.

How much money the state is seeking isn’t known yet because the response is ongoing, but Yost made it clear the cost will be enormous. “This was an epic disaster. The cleanup is going to be expense, ” he said.

Ohio officials met with Norfolk Southern representatives on Monday and talked about several possible ways to help the people in East Palestine, including enhancing the village’s water treatment operations, Yost said.

The state attorney general said he was pleased that the railroad has indicated it wants to do the right thing and that the lawsuit will make sure it keeps its promise.

Many in East Palestine remain outraged at the railroad and worried about what will become of the village.

Those fears include concerns about their long-term health, their house values and the economic future for local businesses.

Exclusive – J.D. Vance: Railroad Companies Have ‘Gotten in Bed with Big Government,’ Biden Administration Making It More Difficult to Clean up East Palestine Mess

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Senator J.D. Vance (R-OH) told host Matthew Boyle in an exclusive interview on SiriusXM’s Breitbart News Saturday that the East Palestine train disaster is not evidence of a problem with the free market, given that “these railroad companies have gotten in bed with big government.” Meanwhile, the Biden administration is currently making it more difficult to clean up the area in the small Ohio town.

“These railroad companies have gotten totally in bed with big government,” Vance said. “Most recently, three months ago, they were bailed out by the government in the form of the feds coming in, Joe Biden and others coming in and settling the labor union issue that the railroads have.”

Listen below:

“So you cannot tell me that this is the free market when you’ve gotten in bed with big government and are begging for big government privileges,” the senator continued.

Vance added that the Republican Party is “on the side of the firefighters and the police officers responding to these disasters, not the big train companies.”

“In East Palestine right now, there are thousands of tons of toxic dirt,” the senator added. “From this train derailment, you had the chemicals seeping into the soil, so we have to dig that stuff out, that contaminated soil, and get it out of there to proper facilities to dispose of it.”

“There are mounds of toxic dirt literally sitting on the ground in East Palestine. You know why? Because Joe Biden’s administration is making it harder to get that stuff to the proper disposal sites,” Vance revealed.

“We just cannot forget about these people,” the senator added. “If this town is not cleaned up in the right amount of time, this is a disastrous failure of government; a disastrous failure of every institution in our country that should be looking after vulnerable people.”

Vance also noted that “there are all these knock-on effects” from the Ohio train disaster, such as “farmers who can’t sell their hay, can’t sell their chicken eggs, because people are terrified that East Palestine is too contaminated.”

“There are small businesses that are completely hemorrhaging,” he added. “Think of what happened during COVID, but just happening to one small town where pretty much everything got shut down.”

As for what to do in order to prevent these types of disasters, Vance noted that he has presented a bipartisan bill.

“We’re not trying to create a new regulatory regime here, but we do want the trains to pay when they cause this problem. I think that’s totally fair and appropriate,” the senator said.

In addition to making train companies pay, the bill also “provides proper notice to the first responders when they go in to fight fires in these environments” so that “they actually know what they’re dealing with.”

“It’s a big problem in East Palestine,” Vance said. “These guys — we’re talking about a nearly all volunteer fire department — they went in to fight the fire in East Palestine and they had no idea that they were dealing with toxic chemicals. We have to change that.”

The bill also creates an incentive so that “these rails are installing safety detectors along the rail line,” the senator said.

“The train was starting to disintegrate,” Vance said of the train operated by Norfolk Southern that derailed in East Palestine last month. “The joint bearings were starting to disintegrate before it even crashed.”

“Somebody should have caught on to that and recognize the problem before it led to this catastrophic train derailment,” he said.

You can follow Alana Mastrangelo on Facebook and Twitter at @ARmastrangelo, and on Instagram.

Exclusive–J.D. Vance: U.S. Taxpayers Footing the Bill for Norfolk Southern’s Train Derailment in East Palestine

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American taxpayers are already footing the bill for a disastrous train derailment caused by Norfolk Southern in East Palestine, Ohio, Sen. J.D. Vance (R-OH) says.

Last month, a Norfolk Southern train derailed in East Palestine, with a population of less than 5,000, leaving chemicals spewing into the community’s environment. The Ohio Department of Natural Resources estimates that more than 43,000 fish and other aquatic animals were killed as a result.

In an exclusive interview with SiriusXM Patriot’s Breitbart News Saturday, Vance told Breitbart News Washington Bureau Chief Matt Boyle that it is paramount for the Republican Party to represent the interests of the residents of East Palestine, as opposed to the rail industry looking to avoid a public relations crisis and stricter federal oversight.

LISTEN:

“We just cannot forget about these people … this town is not cleaned up in the right amount of time and this is a disastrous failure of government, a disastrous failure of every institution in our country that should be looking after vulnerable people … they didn’t ask for this, it happened to them and they deserve to be made whole,” Vance said.

In particular, Vance noted that American taxpayers are the ones left paying for such a disaster caused by Norfolk Southern, a powerful rail company with massive influence in Washington, DC.

“We’re talking about the chemical spill but there are all these effects,” Vance said. “There are farmers who can’t sell their hay, can’t sell their chicken eggs because people are terrified that East Palestine is too contaminated. There are small businesses that are completely hemorrhaging.”

“Think of what happened during COVID but now it’s just one small town where everything just got shut down … there are people who still can’t return to their homes,” Vance continued. “A lot of that is going to fall on the American taxpayer through higher welfare payments, through people losing value on their homes … so if it’s going to fall on the American taxpayer, why should we allow any company to socialize that risk?”

U.S. Senate Committee on Environment & Public Works

Vance, along with Sens. Josh Hawley (R-MO), Marco Rubio (R-FL), John Fetterman (D-PA), Bob Casey (D-PA), and Sherrod Brown (D-OH), has introduced legislation that would increase fines for rail companies that spur such problems in local communities.

Republicans, Vance said, should fall on the side of protecting their constituents from large companies like Norfolk Southern as opposed to representing the interests of companies who already have wide influence in D.C.

“When you cause a problem, you ought to pay for it,” Vance said of Norfolk Southern. “And unfortunately, in this particular type of disaster, the American taxpayer is going to pay for a big chunk of it. Whether we like it or not, that’s how it works in our current system.”

“When people are suffering, I think one of the core functions of the Republican Party should be to make sure that they’re made whole,” he continued. “And that’s something we have to stay on top of Norfolk Southern. Again, I have nothing against the company, but they caused this problem, and we have to make sure that they do right by the people of East Palestine.”

“We’re not trying to create a regulatory regime here but we do want the train [companies] to pay when they cause these problems, and I think that’s totally fair and appropriate,” Vance said.

Alana Mastrangelo / Breitbart News

Vance’s legislation would also require rail companies to notify local firefighters and other first responders when hazardous chemicals are traveling through their communities.

“… the most important thing that it does is it gives our firefighters proper notice,” Vance said of his legislation. “The thing that happened in East Palestine … will continue to happen, because you have these train crashes with hazardous chemicals and these firefighters don’t know what’s on [the trains], because the train companies don’t have to give the local authorities proper notice about what’s going on.”

“Our legislation changes that, and I’ve heard from some establishment GOP-types that this is somehow a violation of the free market,” Vance said. “These railroad companies have gotten totally in bed with big government in a whole host of ways, but most recently, three months ago, they were bailed out by the government in the form of the feds, Joe Biden and others, coming in and settling the labor union issue that the railroads had.”

“You cannot tell me that this is the free market when you’ve gotten in bed with big government and are begging for big government privileges,” he continued. “… there is this slight of the old GOP that if you do anything to business, somehow that’s a violation of Republican principles, yet they need to wake up and realize, we’re on the side of the firefighters and police officers who are responding to these disasters — not the big train companies that have gotten in bed with the government and are causing them.”

Petroleum-based chemicals float on the top of the water in Leslie Run creek after being agitated from the sediment on the bottom of the creek on February 20, 2023, in East Palestine, Ohio following a train derailment prompting health concerns. (Michael Swensen/Getty Images)

A local chapter of the Proud Boys hand out water, food, and cleaning supplies to residents of East Palestine on February 25, 2023 in East Palestine, Ohio. (Michael Swensen/Getty Images)

Residents gather for a prayer circle following a train derailment in East Palestine, Ohio, US, on Thursday, Feb. 23, 2022. (Matthew Hatcher/Bloomberg via Getty Images

Residents of East Palestine express their concerns at a town hall meeting held by River Valley Organizing, a non-profit organization based in East Liverpool, on February 23, 2023 in East Palestine, Ohio. (Michael Swensen/Getty Images)

Wade Lovett, 40, poses for a portrait along Leslie Run creek on February 22, 2023 in East Palestine, Ohio. Lovett was working at Rollerena Auto Sales when a Norfolk Southern train derailed on February 3, causing 38 cars of about 150 to fall off the tracks and cars carrying hazardous materials to catch fire. As the train burned, Lovett says he continued to work until residents and businesses were forced to evacuate. (Michael Swensen/Getty Images)

The disaster in East Palestine is partially a failure of President Joe Biden’s administration, Vance said, noting that the president has refused to visit residents in the community, even as former President Trump went to the small town just weeks after the derailment.

“In East Palestine right now, there are thousands of tons of toxic dirt,” Vance said. “So from this train derailment, you had the chemicals seeping into the soil, so we have to dig that stuff out. You have contaminated soil and get it out of there to proper facilities and dispose of it. There are mounds of toxic dirt literally sitting on the ground of East Palestine, you know why? Because Joe Biden’s administration is making it harder to get that stuff to the proper disposal sites.”

“I’m not making this up. If you go to East Palestine, you will see these mounds of dirt right now,” Vance continued. “You have people who are terrified about the quality of the air, the quality of the water. Their town 36 days later has still not been cleaned up because of the failures of the leadership in the Biden administration.”

“They’re going to have long-term economic consequences because of this,” Vance said. “Think about what will happen to home values, property values, peoples’ mortgages, peoples’ small businesses if you have this chemical cloud go up in your town of 5,000 people. The effects are going to be big and we can’t ignore that and forget that.”

As Breitbart News has detailed, Norfolk Southern’s influence in Washington, DC is vast among both Republicans and Democrats.

Last year, political action committees (PACs) associated with Norfolk Southern donated nearly a million dollars to Republicans and Democrats as well as both parties’ leadership organizations, such as the Democrat Senatorial Campaign Committee, the Democrat Congressional Campaign Committee, the National Republican Senatorial Committee, and the National Republican Congressional Committee.

Norfolk Southern PACs also directly donated to Sens. Katie Britt (R-AL), Tim Scott (R-SC), Brian Schatz (D-HI), Todd Young (R-IN), Marco Rubio (R-FL), Jerry Moran (R-KS), John Boozman (R-KS), Patty Murray (D-WA), Tammy Duckworth (D-IL), John Hoeven (R-ND), Mike Lee (R-UT), Chuck Schumer (D-NY), Ron Johnson (R-WI), Mitch McConnell (R-KY), Bill Hagerty (R-TN), Bob Menendez (D-NJ), John Thune (R-SD), Rand Paul (R-KY), Richard Burr (R-NC), Debbie Stabenow (D-MI), Eric Schmitt (R-MO), Chris Van Hollen (D-MD), Martin Heinrich (D-NM), Lisa Murkowski (R-AK), Joe Manchin (D-WV), Mitt Romney (R-UT), Roger Wicker (R-MS), and Chuck Grassley (R-IA).

John Binder is a reporter for Breitbart News. Email him at [email protected] Follow him on Twitter here.