U.S. Department of Justice sues Norfolk Southern over East Palestine train derailment

East Palestine residents on Wednesday, March 22, 2023, after a train derailed February 3. An overheated wheel bearing caused the dangerous derailment that spilled more than 100,000 gallons of toxic chemicals into the air and a fire burst into flames that night.
East Palestine residents on Wednesday, March 22, 2023, after a train derailed February 3. An overheated wheel bearing caused the dangerous derailment that spilled more than 100,000 gallons of toxic chemicals into the air and a fire burst into flames that night.

The federal government is suing Norfolk Southern after a train derailment in East Palestine spilled toxic chemicals into the air, water and soil.

The lawsuit, filed by the Department of Justice on behalf of the Environmental Protection Agency, accuses the railroad of violating the Clean Water Act by "unlawfully polluting the nation’s waterways." The government wants Norfolk Southern to pay for the costs of cleanup and assume full liability for the incident.

The complaint also says the railroad had reduced operating costs by cutting back on inspections, repairs and crew pay.

"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," company spokesman Connor Spielmaker said. "We are working with urgency, at the direction of the U.S. EPA, and making daily progress. That remains our focus and we'll keep working until we make it right."

The federal suit is the latest attempt to hold Norfolk Southern accountable for the derailment, which upended the lives of residents in East Palestine and nearby communities along the Ohio-Pennsylvania border. Ohio Attorney General Dave Yost sued the company earlier this month to recoup the state's costs and ensure Norfolk Southern conducts long-term soil and groundwater monitoring.

The train derailed in East Palestine on Feb. 3 moments after crew members became aware of an overheated wheel bearing and tried to stop, according to the National Transportation Safety Board. The NTSB also found problems with some of the train's pressure relief devices that regulate the internal pressure of tank cars.

Five of the derailed cars contained vinyl chloride, which the railroad later vented and burned to prevent an explosion. The wreck and subsequent controlled burn temporarily forced people out of their homes, and residents continue to worry about the long-term health and economic effects.

In response, Republicans and Democrats who represent Ohio in Congress are pushing multiple bills to strengthen rail safety and increase penalties for companies that break the rules.

The EPA continues to test air and soil in the area and oversee Norfolk Southern's work at the site, including the removal of contaminated soil. Ohio EPA director Anne Vogel told a U.S. House committee this week that cleanup will likely take two more months.

Haley BeMiller is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.

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This article originally appeared on The Columbus Dispatch: Ohio train derailment: Department of Justice sues Norfolk Southern