Legal Insurrection extensively covered the 2023 derailment of a Norfolk Southern train carrying hazardous chemicals in East Palestine, Ohio.
The incident led to the release and subsequent controlled burn of large quantities of vinyl chloride, a chemical known to be carcinogenic, resulting in a significant toxic plume over the community.
Immediately after the derailment, the Biden administration deployed federal agencies, including the Environmental Protection Agency (EPA), the Department of Transportation, and the Department of Health and Human Services, to assist with emergency response and public health testing. The White House and EPA officials, including then-EPA Administrator Michael Regan, publicly assured residents that the local water supply was safe and that they were “not in danger”.
However, further reports from the region suggested that serious problems remained. At the time, then-Senator JD Vance (R-OH) checked out a creek in the impacted area . . . and said that if the tap water were safe to drink, perhaps EPA head Regan should be willing to drink it.
Now, recently obtained emails and documents, released through Freedom of Information Act (FOIA) requests and whistleblower disclosures, have revealed that federal officials were aware of the potential for significant toxic exposure and long-term health risks, including cancer, following the derailment.
The Biden administration admitted possible cancer-causing toxins were spread in East Palestine, Ohio, following the Norfolk Southern train derailment in 2023, explosive new emails show, despite the White House insisting residents were safe.“The occurrence of a cancer-cluster in EP [East Palestine] is not zero,” FEMA recovery leader James McPherson wrote in a March 29, 2024, email to other public health officials — a little more than a year after the crash.“As you all are aware, the first 48 hours of the fire created a really toxic plume,” he said in the chain of communications, which were first reported by NewsNation….[A] watchdog group that has been investigating the toxic fallout from the train derailment said the Biden administration’s approach was “flawed” from the start — and has now released emails obtained via Freedom of Information Act requests to prove it.
The documents also revealed internal instructions for federal coordinators to avoid direct engagement with affected residents, raising concerns about transparency and public communication.
Originally, Government Accountability Project’s FOIA request was refused by FEMA to release this information leading to a lawsuit against the agency and the Department of Homeland Security (DHS) for this failure to respond. These bombshell documents reveal FEMA acknowledged the health risks the community and allies frequently spoke out about as a top concern.The agency noted, “The occurrence of a cancer-cluster in [East Palestine] is not zero,” and expressed the need for a “tripwire to identify cancer clusters.” In 2023, a FEMA-appointed Federal Coordinator charged with assessing the unmet needs of the community was instructed not to directly engage with affected residents. In an internal email, the Federal Coordinator stated, “I have been advised best not to engage with the public…” and “the State does not want [the Federal Coordinator] to participate in the November 3 community meeting…”
Whistleblowers, including Dr. George Thompson and Stephen Petty, criticized the Biden administration for prematurely declaring the area safe and called for comprehensive health monitoring, stating that claims of “no long-term health impacts” were unfounded due to incomplete assessments.
As I have noted previously, the National Institutes of Health, under the leadership of Dr. Jay Bhattacharya, has plans for an extensive follow-up health study for the residents of this area.
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