The state of Ohio filed a lawsuit against freight operator Norfolk Southern over last month’s toxic train derailment in East Palestine.
The 58-count civil complaint comes after more than 1 million gallons of toxic chemicals spilled into the area, and more burned off into the atmosphere, after the train went off the tracks in a fiery crash on Feb. 3, leading to the partial evacuation of the town on the Ohio-Pennsylvania border.
Some of the train’s cars contained hazardous vinyl chloride, which the company later decided to vent and burn off to prevent an explosion.
“This derailment was entirely avoidable,” Ohio attorney general David Yost said at a news conference. “I’m concerned that Norfolk Southern may be putting profits for their own company above the health and safety of the cities and communities they operate in.”
The federal lawsuit seeks unspecified damages to pay for the state’s emergency response as well as the environmental damage. The company would also be responsible for future environmental monitoring of the area’s soil and water.
“This was an epic disaster,” Yost said. “The cleanup is going to be expensive, and it’s going to take some significant dollars to put the people of East Palestine back as close as possible to the position they were before Feb. 3.”
“Ohio shouldn’t have to bear the tremendous financial burden of Norfolk Southern’s glaring negligence,” Yost added. “The fallout from this highly preventable accident is going to reverberate throughout Ohio for many years to come.”
A preliminary report from the National Transportation Safety Board found the train’s crew was trying to stop the train after a wheel overheated when it derailed.
Nearly two dozen private citizens and businesses have already filed lawsuits against the company, alleging sickness and the death of pets and livestock since the derailment — among other symptoms and grievances. Despite federal and state officials saying the area is now safe, many are concerned about the long-term health effects of the incident.
Norfolk Southern CEO Alan Shaw has pledged resources for cleanup and restitution to residents and businesses for medical costs and losses to property values.
“There’s a long way between expressing willingness and a final program that’s going to adequately address the damage that’s been done here,” Yost said. “This lawsuit is designed to make sure Norfolk Southern keeps their word to the people of East Palestine and the people of Ohio.”
Pennsylvania attorney general Michelle Henry announced in February her office was investigating the derailment after a criminal referral was made by state environmental officials.