Norfolk Southern Derailment Lawsuit

Norfolk Southern Derailment Lawsuit

Re-posting of Law360 Article written By P.J. D’Annunzio

Law360 (March 29, 2023, 8:38 PM EDT) — Norfolk Southern has agreed to hire Ohio businesses and workers to clean up the damage left by its Feb. 3 derailment, Attorney General David Yost told reporters Wednesday, noting that the deal his office brokered with the rail company would not affect the Buckeye State’s pending lawsuit against the rail company.

Yost’s remarks came during a press conference in Columbus called to announce the deal, during which he said that the Environmental Protection Agency mandated that Norfolk Southern spend “millions and millions of dollars” on cleanup in East Palestine and that he thought it made sense for that money to be spent in Ohio.

Yost stressed that paying Ohio businesses and workers will not offset the state’s lawsuit against the company, since that action deals with more long-term issues than the cleanup.

“This is not going to impact the lawsuit in any way,” Yost said.

In a statement issued Wednesday, Norfolk Southern CEO Alan Shaw said, “Norfolk Southern will be in East Palestine as long as it takes to help the community recover and thrive.”

On Tuesday, Ohio EPA Director Anne Vogel testified before Congress to lay out the work that needed to be done in East Palestine, which includes hazardous waste removal and water testing.

“Ohio EPA’s priority is to oversee the removal of contaminated soil and water from East Palestine,” Vogel said in her testimony. “We expect this work to continue for at least two more months, as the railroad removes contaminated soil from under the tracks and works to restore the creeks.”

Ohio filed its lawsuit against Norfolk Southern on March 14, seeking reimbursement for the resources it put into the emergency response to the incident, in addition to environmental damage.

“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,” the complaint said.

The Georgia-based rail company has also been peppered with individual lawsuits echoing the sentiment that it put profits before safety.

The EPA’s directive that Norfolk Southern pay for damage and cleanup came shortly after the accident, invoking the Comprehensive Environmental Response, Compensation and Liability Act.

Under the act, Norfolk Southern is required to remove all contamination in soil and water and deposit it at appropriate locations in accordance with EPA specifications.

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