Name: Ohio Files Lawsuit Against Norfolk Southern Over Toxic Train Derailment
Uploaded: 2023-03-15T01:48:47.000Z
Description: Citing his concern that Norfolk Southern Railway’s accident rate has increased 80 percent over the past 10 years, Ohio Attorney General Dave Yost announced that his office has filed a 58-count civil lawsuit in federal court over the company’s Feb. 3 derailment in East Palestine.

Arleen Richards is NTD's legal correspondent based at the network's global headquarters in New York City, where she covers all major legal stories. Arleen holds a Doctor of Law (J.D.).


Arleen Richards

NTD Plus

News

News with integrity, from the U.S. and around the world. Focused reports and analyses that shed light on major issues the world deserves to know. NTD Evening News airs daily at 6 p.m. ET.

NTD Evening News

Massive Win Against 'Gender-Affirming Care': Biologist on Children's Hospital Settlement

David Zhang is a Washington correspondent focusing on national politics and U.S.–China relations. He was previously the host of the California Today and NTD Tonight.

David Zhang

Long-Awaited Documentary ‘Silent Harvest’ Debuts

Melina Wisecup is NTD's congressional correspondent based in Washington, covering Capitol Hill and campaign politics.

Melina Wisecup

Washington Roundup (May 16): Hearing Spotlights Forced Organ Harvesting in China

Daniel Monaghan is a reporter for NTD News covering culture, social issues, and education. He holds a BA in Political Science and Government.

Daniel Monaghan

White House Week in Review (May 16): China Trip, Police Week, Biolab Crackdown

Dave Martin is NTD's Senior Sports Reporter and sports analyst. He also hosts "Data Hub" segments during NTD's special election coverage, "The Nation Decides."

Dave Martin

Pistons, Cavs Get Ready For Game 7, Knicks Await Winner

NTD Newsroom comprises teams of reporters, editors, and producers assigned to cover breaking news and other stories.


NTD Newsroom

Sen. Cassidy Faces Tough Competition in GOP Primary

Jacki Thrapp is an Emmy® Award-winning journalist based in Nashville. She previously worked at The New York Post, Fox News Channel and has written a series of Off-Broadway musicals in NYC. Contact her at jacki.thrapp@epochtimes.us

Jacki Thrapp

Business News

China Eases Restrictions on US Beef, Poultry Following Beijing Summit

Sam Wang is a Washington correspondent for NTD News based in Washington, D.C. Sam covers politics on Capitol Hill, and U.S.-China relations. 

Sam Wang

Citizens React to Communist Cuba in Crisis

The Associated Press is an American not-for-profit news agency headquartered in New York City. 

The Associated Press

US News

Politics

Executive Branch

Trump Says ISIS Second-in-Command Killed in Joint US–Nigerian Mission

Federal Agencies Announce ‘Summer Surge’ of Law Enforcement into DC Ahead of 250th Anniversary

NTD Evening News Full Broadcast (May 16)

Cary Dunst is the news anchor for NTD Evening News. He is also the co-host of NTD Good Morning.


Cary Dunst

NTD Evening News Full Broadcast (May 15)

NTD Evening News Full Broadcast (May 14)

NTD Evening News Full Broadcast (May 13)

NTD Evening News Full Broadcast (May 12)

NTD Evening News Full Broadcast (May 11)

Don Ma is an anchor and senior business correspondent based at the network's global headquarters in New York City. Don is the anchor and producer of NTD's "Business Matters," which airs weekdays at 4:30 pm ET.

Don Ma

NTD Evening News Full Broadcast (May 10)

NTD Evening News Full Broadcast (May 9)

NTD Evening News Full Broadcast (May 8)

NTD Evening News Full Broadcast (May 7)

Fast, compelling, first-hand news from China. China in Focus airs Monday–Friday at 8 p.m. ET.

China in Focus

China Sends Warships to Pacific Drill as Tensions With Japan Rise

Reuters is a news agency owned by Thomson Reuters. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide writing in 16 languages.

Reuters

We present news that is truthful and based on facts, outside of the political fog. Instead of focusing on the negative things happening around us, our mission is to give our viewers a good morning with empathetic and uplifting stories. Our aim is to provide an antidote to negativity by shining a light on the best side of people. We speak to inspiring people who positively impact communities, pursue topics that represent our common human values, and will never miss an opportunity to bring you heartwarming stories.

NTD Good Morning

2 US Embassy Personnel Assigned to Cartel Case Killed in Car Accident

Gunman Kills 8 Children, Including 7 of His Own, in Louisiana Mass Shooting

Flora Hua is a reporter based at NTD's global headquarters in New York City, where she covers China news, U.S.-China relations, and human rights issues. Flora primarily contributes to NTD's "China in Focus."  

Flora Hua

Trump: Seized Iranian Ship May Have ‘A Gift From China’

Joseph Lord is a congressional reporter for The Epoch Times.


Joseph Lord

Aldgra Fredly is a freelance writer covering U.S. and Asia Pacific news for The Epoch Times.

Aldgra Fredly

Former NYC Mayor Rudy Giuliani Hospitalized in Critical Condition: Spokesman

Wildfires Across Georgia and Florida Have Destroyed Nearly 50 Homes and Are Forcing Evacuations

News you can trust from the U.S. and around the world. Critical information and insight. We cover the stories that others don’t. NTD News Today airs Monday–Friday at 11 a.m. ET.

NTD News Today

US Warns of China Hacks via Routers, Smart Devices

Juliet Song is an international correspondent exclusively covering China news for NTD. She primarily contributes to NTD's "China in Focus," covering U.S.-China relations, the Chinese regime's human rights abuses, and domestic unrest inside China.

Juliet Song

2 Americans Among Suspected Communist Rebels Killed in Clashes With Troops, Philippine Officials Say

Ryan Morgan is a reporter for The Epoch Times focusing on military and foreign affairs. He was previously a news writer for NTD. 


Ryan Morgan

Mari Otsu is NTD's White House correspondent based in Washington. 

Mari Otsu

World News

Middle East

Iran

3 US Warships Fend Off Iranian Attacks, Trump Says Ceasefire Still Holds

Health News

3 Dead in Suspected Hantavirus Outbreak on Cruise Ship in Atlantic Ocean: WHO

Citing his concern that Norfolk Southern Railway’s accident rate has increased 80 percent over the past 10 years, Ohio Attorney General Dave Yost announced that his office has filed a 58-count civil lawsuit in federal court over the company’s Feb. 3 derailment in East Palestine.

Norfolk Southern violated numerous state and federal laws, caused the release of “over 1 million gallons of hazardous chemicals” and created “hidden dangers” for the health of residents and Ohio's natural resources, Yost said during an online press conference on March 14.

“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.

“This was an epic disaster,” Yost added. “The cleanup is going to be expensive, and it is going to take some significant dollars to put the people of East Palestine back as close as possible in the position they were on Feb. 3.”
<h2>Derailment Background</h2>
On Feb. 3, a 151-car freight train operated by Norfolk Southern carrying derailed in East Palestine, a village of 4,761 residents in eastern Ohio around a mile from the Pennsylvania border.

When the train crashed, 38 rail cars derailed. A fire ensued, damaging an additional 12 cars.

Of the 20 cars carrying hazardous materials, 11 derailed, according to the National Transportation Safety Board.

After the Feb. 3 crash and subsequent fire, residents were ordered to evacuate because 11 of the burning cars were carrying hazardous materials including vinyl chloride.

Fearing a major explosion, authorities decided to release and burn vinyl chloride from five cars on Feb. 6, sending a massive cloud of black smoke into the sky that could be seen for miles.

Vinyl chloride is a chemical used to make PVC pipes and other products.

The National Cancer Institute notes that vinyl chloride has been linked to cancers of the brain, lungs, blood, lymphatic system, and liver.

Ohio Gov. Mike DeWine held a press conference on Feb. 8 and announced that the evacuation order had been lifted and that it was safe for East Palestine residents to return to their homes.

Norfolk Southern trains quickly continued their routes through East Palestine.

Since returning, people in the village and in surrounding communities have reported headaches, nausea, skin rashes, blurred vision, and other ailments.
<h2>Hazardous Pollutants</h2>
The lawsuit asserts that the derailment and subsequent burn and release of toxic chemicals led to the release of an unknown volume of hazardous pollutants into the air, water, and ground, which has caused significant long-term threats to humans and the environment.

Pollutants from at least 39 rail cars have spilled into Sulfur Run, Leslie Run, Bull Creek, North Fork Little Beaver Creek, Little Beaver Creek, the Ohio River, and still unknown waterways, Yost explained.

Yost added that the disaster “has caused substantial damage to the regional economy of the state of Ohio, its citizens and its businesses. The citizens of the region have been displaced, their lives interrupted, and their businesses shuttered.”

Ron Fodo, Ohio EPA Emergency Response, looks for signs of fish and also agitates the water in Leslie Run creek to check for chemicals that have settled at the bottom following a train derailment that is causing environmental concerns in East Palestine, Ohio, on Feb. 20, 2023. (Michael Swensen/Getty Images)

Ohio is entitled to recover lost taxes and other economic losses it has suffered from the crash and the aftermath, Yost explained.

The lawsuit seeks a declaratory judgment holding Norfolk Southern responsible for the recovery of costs and damages under both emergency response and common law, civil penalties under state environmental laws, and repayment of court costs among other requests.

Yost has asked the court to require that Norfolk Southern conduct future groundwater and soil monitoring at the derailment location, the surrounding areas, and beyond—and to submit a closure plan to the Ohio EPA.

The lawsuit also asked the court to prohibit Norfolk Southern from disposing of additional waste at the derailment site and from polluting Ohio waters.
<h2>'Make it Right'</h2>
On March 13, DeWine’s office reported that around 6 million gallons of toxic water and 3,000 tons of contaminated soil have been removed from the derailment area.

At the press conference, Yost said that he met with railroad representatives on March 13, and they were cooperative and recognize the railway’s responsibility in the disaster.

“The company has repeatedly said that it wants to make it right,” Yost said about Norfolk Southern. “Our lawsuit is designed to make sure that they keep their promise.”

During a March 9 Senate hearing about the derailment and railroad safety, Norfolk Southern CEO Alan Shaw apologized multiple times for the disaster while repeatedly defending the railroad’s safety record.

The NTSB and the Federal Railroad Administration have launched investigations into that safety record.

Earlier this month, Norfolk Southern released a six-point safety plan.

At the hearing, Shaw admitted that “the safety mechanisms in place were not enough” to prevent the Feb. 3 derailment.

“We currently spend $1 billion a year on technologies, equipment, and infrastructure to enhance safety,” Shaw said.

“But the safety mechanisms in place did not prevent this accident, so we are focused on learning from this incident and working with industry to make changes.”

At the hearing, Sen. Ed Markey (D-Mass.) asked Shaw if Norfolk Southern completed $3.4 billion in stock buybacks and made $3.3 billion in profits last year.

Shaw confirmed that those numbers are accurate.

“Sir, last year, we invested over a billion dollars in safety. And last year our number of accidents was the lowest it had been in the last 10 years,” Shaw told Markey.

“Our safety stats, senator, continue to improve, and I am committed to making Norfolk Southern’s safety culture the best in the industry.”

“You’re not having a good month,” Markey replied. “It seems like every week there’s another accident that Norfolk Southern is a part of in our country.

“And what I’m hearing from you is just this great confidence that you have in your system. But I’ll tell you this was to show overconfidence breeds complacency and complacency breeds disaster,” Markey added.
<h2>Railroad Safety Record</h2>
Since December 2021, the NTSB has assigned investigative teams to five Norfolk Southern incidents, the agency reported.

Federal data indicates that Norfolk Southern trains are involved in around 260 accidents per year, which is one of the highest numbers among railroads.

Norfolk Southern has reported 3,397 events that could be classified as derailments over the past 20 years, Texas-based attorney Mikal Watts said.

In 2022, Norfolk Southern had 770 train car derailments involving hazardous materials compared to 79 incidents in 2012, Watts added.

According to a 10-year safety summary from the Federal Railroad Administration, Norfolk Southern had an annual average of 163.6 derailments and 2.9 hazardous material releases.

Yost noted two more statistics that contributed to filing the legal action.

Norfolk Southern’s accident rate has surged 80 percent in the last 10 years, and at least 20 of the railroad’s derailments since 2015 have involved chemical releases, according to the lawsuit.

“The derailment was entirely avoidable,” Yost said, backing a position stated by the NTSB. “And I’m concerned that Norfolk Southern may be putting profits for their own company above the health and safety of the communities they operate in.”

<em>From <a href="https://www.theepochtimes.com/ohio-files-lawsuit-against-norfolk-southern-over-toxic-train-derailment_5122922.html">The Epoch Times</a></em>

Videos

train

Ohio

04_Top Stories

derailment

Latest Clips

Management

Jeff Louderback covers news and features on the White House and executive agencies for The Epoch Times. He also reports on Senate and House elections. A professional journalist since 1990, Jeff has a versatile background that includes covering news and politics, business, professional and college sports, and lifestyle topics for regional and national media outlets.

Jeff Louderback

02_Second Lead

Ohio Train Derailment

Latest and breaking news, documentaries, movies, and lifestyle content on NTD+.
 
Empower your knowledge and elevate your spirit with NTD+, your go-to destination for truthful news, insightful documentaries, and captivating lifestyle content that enriches your life.