Justice Department, EPA File Civil Complaint Against Norfolk Southern

Federal prosecutors and environmental regulators have filed a complaint against Norfolk Southern Corp. over last month’s derailment in East Palestine, Ohio.

Source: WSJ | Published on March 31, 2023

Train derailment settlement

Federal prosecutors and environmental regulators have filed a complaint against Norfolk Southern Corp. over last month’s derailment in East Palestine, Ohio.

The U.S. Department of Justice and the U.S. Environmental Protection Agency jointly filed a civil complaint against the railroad operator, alleging that the discharge of pollutants, oil and hazardous substances from the derailment violated the Clean Water Act.

“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,” Attorney General Merrick B. Garland said Friday.

When reached for comment on the lawsuit, a representative for Norfolk Southern said the company is “working with urgency, at the direction of the U.S. EPA, and making daily progress.”

“Our job right now is to make progress every day cleaning up the site, assisting residents whose lives were impacted by the derailment, and investing in the future of East Palestine and the surrounding areas,” according to the Norfolk Southern representative.

The East Palestine derailment on Feb. 3 has already spawned negligence suits from residents, business owners and the state.

Federal regulators’ scrutiny of the rail industry in the wake of the East Palestine accident was amplified by additional derailments in the two months that followed, including one in Raymond, Minn., early Thursday that ignited a fire and forced an evacuation.