EPA and Justice Department sue Norfolk Southern over Ohio train derailment

The Environmental Protection Agency (EPA) and Justice Department announced a lawsuit against Norfolk Southern, the company responsible for the train derailment and chemical fallout in East Palestine, Ohio, seeking penalties and relief for the unlawful discharge of pollutants.

Following the February 3 derailment, local and state authorities evacuated residents and conducted a controlled burn of substances on the vehicle.

Massive plumes of black smoke containing vinyl chloride, a carcinogen used in PVC manufacturing, were released from the train cars. Residents have reported health symptoms since the incident.

The EPA and Justice Department's complaint cites the Clean Water Act and the Comprehensive Environmental Response, Compensation, and Liability Act, seeking penalties and declaratory judgment on liability for past and future costs related to the incident.

Attorney General Merrick Garland stated that the lawsuit aims to pursue justice for East Palestine residents and hold Norfolk Southern accountable for the harm caused.

“When a Norfolk Southern train derailed last month in East Palestine, Ohio, it released toxins into the air, soil, and water, endangering the health and safety of people in surrounding communities,” Garland said in his statement. “With this complaint, the Justice Department and the EPA are acting to pursue justice for the residents of East Palestine and ensure that Norfolk Southern carries the financial burden for the harm it has caused and continues to inflict on the community.”

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Despite assurances from state and federal officials that the air and water supplies in East Palestine are safe, researchers from Texas A&M University and Carnegie Mellon University found nine chemicals present in the town's air and water at higher than normal concentrations, posing potential long-term health risks, the Daily Wire reported. The EPA estimates that cleanup will take three months.

Ohio has filed a separate lawsuit against Norfolk Southern in federal court, while CEO Alan Shaw has testified before Congress without making specific commitments regarding the company's response to the disaster. Federal investigators have preliminarily attributed the derailment to a malfunctioning rail axle.