Ohio Sues Norfolk Southern Over East Palestine Train Derailment

The lawsuit asked the court to order the company to pay for damages to natural resources and property and to make payments for the economic harm done to the state and its residents.

The attorney general’s office cited Norfolk Southern for 58 alleged violations of state and federal laws, including those covering hazardous waste and air and water pollution. 

“The derailment in East Palestine, Ohio was both foreseeable and preventable,” the lawsuit said. “Norfolk Southern’s own record demonstrates that it knew—and should have taken appropriate steps to prevent—the significant harm that the derailment would cause the state.”

The state sought an injunction that would require the company to clean up all hazardous materials and other pollutants from the air, soil and water in and around the derailment site. The Environmental Protection Agency issued an order in February requiring Norfolk Southern to clean up the derailment site. 

Norfolk Southern said it looked forward to making a final resolution with Mr. Yost and his office. 

“Every day since the derailment, our goal has been to make it right for the people of East Palestine and the surrounding communities,” Norfolk Southern said. “We are making progress every day cleaning the site safely and thoroughly, providing financial assistance to residents and businesses that have been affected and investing to help East Palestine and the communities around it thrive.”

Mr. Yost said Tuesday “this lawsuit will make sure that Norfolk Southern keeps its word.”

Norfolk Southern Chief Executive

Alan Shaw

has apologized for the derailment, which spilled toxic chemicals in the small town near the Pennsylvania border. He has said the company will spend whatever it takes to clean up the town and reimburse residents.

It has recovered and transported more than 3.5 million gallons of potentially affected water from the site and more than 2,300 tons of affected soil, Mr. Shaw said last week. 

Federal and state health officials told the Senate’s Environment and Public Works Committee last week they hadn’t detected any toxins in the air and water to prompt concerns. But East Palestine residents have expressed concerns about possible long-term health risks.

The National Transportation Safety Board has launched a special review of Norfolk Southern, one of the country’s largest railroad companies. The railroad has announced new safety initiatives, including adding 200 temperature detectors to parts of its tracks where existing sensors are at least 15 miles apart. The company also said it would review the temperature levels that set off alarms for train crews as part of an overhaul of safety initiatives. 

Federal officials have said the derailment happened after a wheel bearing on a hopper car overheated and failed. 

Write to Joseph De Avila at [email protected]

The lawsuit asked the court to order the company to pay for damages to natural resources and property and to make payments for the economic harm done to the state and its residents.

The attorney general’s office cited Norfolk Southern for 58 alleged violations of state and federal laws, including those covering hazardous waste and air and water pollution. 

“The derailment in East Palestine, Ohio was both foreseeable and preventable,” the lawsuit said. “Norfolk Southern’s own record demonstrates that it knew—and should have taken appropriate steps to prevent—the significant harm that the derailment would cause the state.”

The state sought an injunction that would require the company to clean up all hazardous materials and other pollutants from the air, soil and water in and around the derailment site. The Environmental Protection Agency issued an order in February requiring Norfolk Southern to clean up the derailment site. 

Norfolk Southern said it looked forward to making a final resolution with Mr. Yost and his office. 

“Every day since the derailment, our goal has been to make it right for the people of East Palestine and the surrounding communities,” Norfolk Southern said. “We are making progress every day cleaning the site safely and thoroughly, providing financial assistance to residents and businesses that have been affected and investing to help East Palestine and the communities around it thrive.”

Mr. Yost said Tuesday “this lawsuit will make sure that Norfolk Southern keeps its word.”

Norfolk Southern Chief Executive

Alan Shaw

has apologized for the derailment, which spilled toxic chemicals in the small town near the Pennsylvania border. He has said the company will spend whatever it takes to clean up the town and reimburse residents.

It has recovered and transported more than 3.5 million gallons of potentially affected water from the site and more than 2,300 tons of affected soil, Mr. Shaw said last week. 

Federal and state health officials told the Senate’s Environment and Public Works Committee last week they hadn’t detected any toxins in the air and water to prompt concerns. But East Palestine residents have expressed concerns about possible long-term health risks.

The National Transportation Safety Board has launched a special review of Norfolk Southern, one of the country’s largest railroad companies. The railroad has announced new safety initiatives, including adding 200 temperature detectors to parts of its tracks where existing sensors are at least 15 miles apart. The company also said it would review the temperature levels that set off alarms for train crews as part of an overhaul of safety initiatives. 

Federal officials have said the derailment happened after a wheel bearing on a hopper car overheated and failed. 

Write to Joseph De Avila at [email protected]