OHIO — Ohio Attorney General Dave Yost filed a 58-count civil lawsuit in federal court Tuesday against Norfolk Southern to hold the company financially responsible for the East Palestine train derailment, which occurred Feb. 3.
The train that derailed had been carrying toxic chemicals, including vinyl chloride. In order to avoid a possible explosion, officials performed a "controlled release" of the chemicals, releasing more than a million gallons. Yost said the derailment and the release was "recklessly endangering" the health of residents, as well as contaminating the state's environment.
“Ohio shouldn’t have to bear the tremendous financial burden of Norfolk Southern’s glaring negligence,” Yost said in a press release. “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 lawsuit, filed in the U.S. District Court of the Northern District of Ohio, lists 58 counts that fall under violations of both federal and state environmental laws, along with Ohio Common law, including:
- The Comprehensive Environmental Response, Compensation, and Liability Act
- 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
- Common Law Trespass
The lawsuit states the chemical release from the 39 rail cars made its way into various creeks and rivers, including Sulfur Run, Leslie Run, Bull Creek, North Fork Little Beaver Creek, Little Beaver Creek and the Ohio River.
Yost is seeking to recover the lost taxes and economic losses the state has sustained since the derailment, including injunctive relief, civil penalties, costs, damages and court costs.
The lawsuit lists the jurisdictional minimum for federal damages of $75,000, though Yost expects damages will exceed that as cleanup in East Palestine continues.
The complaint also states Ohio wants Norfolk Southern to conduct future monitoring of the groundwater and soil at the site of the derailment, as well as surrounding areas. It also asks the court to require the company to submit a closure plan to the Ohio Environmental Protection Agency.
In addition, the lawsuit aims to prohibit disposing additional waste from Norfolk Southern at the derailment site.
So far, more than 20 lawsuits have been filed against Norfolk Southern because of the derailment — some were filed by residents. The lawsuit also states the company's accident rate has risen 80% in the past 10 years, and at least 20 of them since 2015 involved chemicals.
Gov. Mike DeWine said Monday approximately 3,000 tons of contaminated soil and 6 million gallons of contaminated water have been removed from the derailment site.
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