USA: Ohio Attorney General files federal lawsuit against Norfolk Southern over toxic train derailment
"Ohio sues Norfolk Southern over train derailment", 14 March 2023
The Ohio Attorney General’s office filed a complaint against Norfolk Southern Railway in federal court on Tuesday, alleging that the company violated hazardous waste and water quality laws and was negligent for causing the train derailment and toxic chemical releases last month in East Palestine, Ohio.
The lawsuit — which addresses alleged damages to the state, its economy and its natural resources — adds to the railway’s legal woes in the wake of the train derailment and subsequent release of toxic chemicals, which the complaint says included more than 1 million gallons of hazardous materials.
The lawsuit increases pressure on Norfolk Southern and could be a legal route to address long-lasting impacts from spilled and burned chemicals in East Palestine. The suit asks the court to require that company pay for future environmental monitoring, and reimburse the state for costs associated with its response and for remediation, among other concerns.
“The fallout of this highly preventable accident is going to reverberate in Ohio and for Ohioans for many years to come,” said David Yost, Ohio’s Attorney General... “The company has repeatedly said they want to make it right. Our lawsuit is designed to make sure they keep their promise...”
Norfolk Southern said in a statement... [that] the company was interested in developing programs to protect drinking water, to create a long-term medical compensation fund and to “provide tailored protection for home sellers if their property loses value due to the impact of the derailment...”
A flurry of lawsuits have been filed by private citizens. Yost said this lawsuit will run in parallel with those complaints...
“I’m concerned Norfolk and Southern may be putting profits for their own company above the health and safety of cities and communities they operate in” Yost said.
Norfolk Southern did not immediately respond to a request for comment on the lawsuit.