Ohio files federal lawsuit against Norfolk Southern over train derailment, health concerns 

Ohio filed a federal lawsuit against Norfolk Southern over the train derailment that spilled toxic chemicals in East Palestine, Attorney General Dave Yost announced at a news conference on Tuesday. 

According to the 58-count lawsuit, Norfolk Southern violated several state, federal, and Ohio laws, as well as the state’s Comprehensive Environmental Response, Compensation, and Liability Act (CERLA), leading to water pollution, air pollution, and hazardous waste. 

“This derailment was entirely avoidable,” Yost said. “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 Feb. 3 derailment of a Norfolk Southern freight train “caused the release of over 1 million gallons of hazardous chemicals and it endangered both the health and area residents of Ohio’s natural resources,” Yost said, adding that the chemicals might pose potentially long-term damaging health consequences. 

Yost is seeking a minimum of $75,000 to repay the state’s costs including natural resource damages, emergency responses, and economic harm to residents. However, the Attorney General added that “the damages will far exceed that minimum as the situation in East Palestine continues to unfold.”

According to the complaint, the derailment is just one of several incidents and derailments involving Norfolk Southern. The rail company’s accident rate has increased by 80% over the last 10 years and there have been at least 20 derailments involving chemical discharges, said Yost. 

Norfolk Southern executives met with Yost earlier this week to discuss the establishment of assistance programs in the area. 

“We look forward to working toward a final resolution with Attorney General Yost and others as we coordinate with his office, community leaders, and other stakeholders to finalize the details of these programs,” the company said.

“I am determined to make this right. Norfolk Southern will clean the site safely, thoroughly, and with urgency. You have my personal commitment. Norfolk Southern will get the job done and help East Palestine thrive,” said Norfolk Southern CEO Alan Shaw at a U.S. Senate hearing last week.