The chemical disaster that hit East Palestine, Ohio, due to a Norfolk Southern train derailment has essentially evaporated from the news…especially in the wake of the Silicon Valley Bank collapse.
Personally, I find it very troubling that bank executive concerns emanating from California and New York received immediate attention and promises of massive fiscal assistance. In contrast, the good people of Ohio had to wait weeks for a press conference.
So, I thought I would look at the response’s status and the consequences of the chemical contamination that spread due to the choice to do a controlled burn of the chemicals being shipped in the train that derailed.
On Tuesday, Ohio Attorney General Dave Yost announced a lawsuit against Norfolk Southern:
Ohio Attorney General Dave Yost filed a 58-count civil lawsuit in federal court today seeking to hold Norfolk Southern financially responsible for the Feb. 3 train derailment in East Palestine that caused the release of over 1 million gallons of hazardous chemicals, “recklessly endangering” both the health of area residents and Ohio’s natural resources.“Ohio shouldn’t have to bear the tremendous financial burden of Norfolk Southern’s glaring negligence,” AG 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.”The company has repeatedly said that it will make the situation right, Yost noted, adding: “This lawsuit will make sure that Norfolk Southern keeps its word.”The suit, filed in U.S. District Court of the Northern District of Ohio, cites the company’s escalating accident rate, which has risen 80% in the past 10 years. At least 20 Norfolk Southern derailments since 2015 have involved chemical discharges.“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 lawsuit says.
Yost wrote Norfolk Southern committed 58 violations, including The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Ohio’s Hazardous Waste Law, Ohio’s Water Pollution Control Law, Ohio’s Solid Waste Law, Ohio’s Air Pollution Control Law, Common Law Negligence, Common Law Public Nuisance, and Common Law Trespass.
There are currently 21 other lawsuits that have been filed due to the incident. Nearly all are suing Norfolk Southern, while one case targets the federal government. The complete list, with pdfs of the filings, can be found HERE.
The plaintiffs in one of the cases targeting Norfolk Southern are Frank Policaro, Carol Policaro, Robert Difonzo, Ronda Difonzo, Matthew Difonzo, Ryan McKenzie, and Doug Sheppard.
Frank Policaro is a firefighter who responded to the derailment. His wife was home with their grandchildren on Feb. 3. The claim alleges the Policaros have suffered health issues, prompting an emergency room visit.McKenzie of Westmoreland County, Pa., operates a fishing expedition business in and around East Palestine. The claim alleges the derailment has hurt wildlife and impacted his fishing business.Difonzos, who live in Steubenville, claim the derailment has hurt their property value and two family dogs became ill – one died – after drinking the home’s tap water. Sheppard of Leetonia said he has suffered medical issues.
Another group of plaintiffs is suing on behalf of the rescue animals that were severely impacted.
This lawsuit alleges numerous rescue animals suffered swollen faces, weeping eyes and stomach ailments. Also, one of the plaintiffs, a truck driver by trade, says he lost work due to illness and exhaustion.
A couple of the lawsuits are directed at how Norfolk Southern conducted its business.
The first lawsuit to detail the travel route for the train from Madison County, Illinois, to Conway, Pennsylvania, with the lightest cars loaded between heavy rear tankers and the front engine. It also claimed fire and smoke from the accident could be seen on weather radar.
A class action lawsuit has been filed that can be joined by any resident or business within 30 miles of the incident.
Lynch Carpenter partnered with the class-action law firm Seeger Weiss for this latest lawsuit.It was filed on behalf of a Beaver County resident and business owner, but Iverson said a number of other clients have already signed on.The lawsuit represents any impacted resident or business within 30 miles of the derailment site.For this group of attorneys, the case is personal.“We have an office in New Castle. We have employees in New Castle. One of our attorneys lives in New Castle, and so that’s within 20 miles of where the derailment occurred,” Iverson said.The lawsuit alleges Norfolk Southern knew or should have known that a controlled burn of toxic chemicals would likely cause dangerous human exposures, contaminate properties, and force evacuations. It also says the railroad company failed to adopt safety measures that could have limited the derailment.
On the other hand, We the Patriots USA Inc. and Courtney Fish are suing the U.S. Environmental Protection Agency, EPA Administrator Michael Regan, Ohio EPA Director Anne Vogel, and Ohio Gov. Mike DeWine. The lawsuit claims officials provided residents with false assurance over the air and water quality and asserts there is a violation of the plaintiffs’ Fourteenth Amendment rights of equal protection.
Describing itself as dedicated to promoting constitutional rights, and environmental safety, We the Patriots alleges in the lawsuit that the EPA has committed acts that have placed people in danger of violating their 14th amendment rights to life, liberty, or property.Unlike the more than dozen previously filed class-action lawsuits seeking damages from Norfolk Southern Railroad, this suit names the EPAs as defendants and asks the court to find the agencies engaged in a state-created danger to the community, and order that the agencies begin conducting what Patriots USA says is “industry standard occupational contaminant testing”.The complaint also seeks an injunction that would bar the EPA from “providing the residents of East Palestine, Ohio and the surrounding areas with false assurances that the air and water quality in their communities is safe until such time as it is shown to be safe”.
I will keep an eye out for information, as many in our government and media would like to forget this disaster.
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