Experts: Toxins don't play politics. East Palestine deserves answers, payment not games

David Raack, Chris Bowers and Robert Alexander
·3 min read
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David Raack is professor of law at Ohio Northern University Pettit College of Law. Chris Bowers is interim dean of the Getty College of Arts and Sciences and a professor of chemistry at university. Robert Alexander is the founding director of the Ohio Northern Institute for Civics and Public Policy an ONU political science professor.

The state and now the entire nation is observing just what a disaster the East Palestine derailment has become.

The finger-pointing and the blame game is already in high gear.

Most Americans are quite skeptical about the government’s ability to solve problem — particularly one of this magnitude. As a consequence, our public officials face significant challenges, in part, due to the toxic political environment.

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The decision to intentionally release vinyl chloride into the environment was judged to be the better of what Gov. Mike DeWine described as “two bad options.”

Feb 20, 2023; East Palestine, Ohio, USA; Workers clean up the wreckage of the Norfolk Southern train derailment in East Palestine. Mandatory Credit: Adam Cairns-The Columbus Dispatch
Feb 20, 2023; East Palestine, Ohio, USA; Workers clean up the wreckage of the Norfolk Southern train derailment in East Palestine. Mandatory Credit: Adam Cairns-The Columbus Dispatch
Chris Bowers is Interim Dean of the Getty College of Arts and Sciences and a Professor of Chemistry at Ohio Northern University.
Chris Bowers is Interim Dean of the Getty College of Arts and Sciences and a Professor of Chemistry at Ohio Northern University.

Lesser of two evils.

Vinyl chloride is a toxic, flammable gas and the risk analysis required to weigh the controlled release of a known carcinogen versus the possibility of a catastrophic explosion is incredibly difficult.

The train derailment created an inevitable need to identify and implement the lesser of two evils and this highlights the importance of accident prevention.

It is not surprising that the soundness of the decision is questioned when it results in a massive black plume of smoke.

February 6, 2023: A black plume rises over East Palestine, Ohio, as a result of a controlled detonation of a portion of the derailed Norfolk and Southern trains.
February 6, 2023: A black plume rises over East Palestine, Ohio, as a result of a controlled detonation of a portion of the derailed Norfolk and Southern trains.

As dramatic as the video of the incident is, it is important to note that what happened in East Palestine is a concern requiring attention that goes beyond the current disaster that continues to unfold.

Millions of tons of vinyl chloride are produced and transported every year and it is just one of many commonly transported hazardous materials so the potential for incidents like the one in East Palestine exists in many other locations.

What actions are needed now.

There will be plenty of time to assign blame, but at this moment, we suggest several measures that should drive government and civic action.

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Robert Alexander is the founding director of the Ohio Northern Institute for Civics and Public Policy. He is a political science professor at Ohio Northern University.
Robert Alexander is the founding director of the Ohio Northern Institute for Civics and Public Policy. He is a political science professor at Ohio Northern University.

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Make rails safer

As part of the legal framework under the Comprehensive Environmental Response, Compensation, and Liability Act, the federal Superfund law, there’s a need to continue to assess and monitor air, water, and soil conditions, and then to develop a plan for cleaning up the area — a plan which eliminates or minimizes long-term environmental contamination and public health risks.

Another key step is to make rail transport of hazardous chemicals safer. This includes strengthening railroad safety requirements and improving transparency with state and local officials and the public.

Engage with residents and pay them

David Raack is Professor of Law at Ohio Northern University Pettit College of Law in Ada, Ohio, where he teaches courses in Environmental Law.
David Raack is Professor of Law at Ohio Northern University Pettit College of Law in Ada, Ohio, where he teaches courses in Environmental Law.

Perhaps one of the most daunting challenges is to address residents’ current distrust of official statements that their air, water, and homes are safe, and their apprehension about long-term health risks. Those concerns arise not only out of the derailment itself and its aftermath — which included a controlled explosion and burn-off of hazardous chemicals — but also Norfolk’s failure to release a full list of the chemicals in the derailed train cars until days later.

At this point, it’s crucial that public officials engage residents in a transparent dialogue about current safety conditions and about cleanup plans and procedures. It’s also important that the railroad promptly, fairly, and openly pay claims by private parties and government agencies. Legal claims have already been filed, some asking that Norfolk Southern pay for future medical monitoring of people’s health. The Railroad should do so.

Stop the partisan games

The lack of faith in government officials that has been sown through deep polarization is particularly costly in times when disasters like this strike. Citizens need solutions to big problems such as what we now have in East Palestine, not politicians looking to score political points.

Environmental toxins do not care whether one is a Democrat, a Republican, or an Independent.

In this moment, public officials must look to work together in order to help solve the problem and not work to cause further division. Citizens must remain vigilant in demanding that government officials are held accountable as well as those responsible for this disaster.

David Raack is professor of law at Ohio Northern University Pettit College of Law in Ada, where he teaches courses in environmental law. Chris Bowers is the university's interim dean of the Getty College of Arts and Sciences and a professor of chemistry. Robert Alexander is the founding director of the Ohio Northern Institute for Civics and Public Policy and an ONU political science professor.

This article originally appeared on The Columbus Dispatch: East Palestine derailment: How should Norfolk Southern, politicians help