The US Department of Justice (DOJ) Thursday filed a lawsuit against Norfolk Southern Railway over the February 3 train derailment in East Palestine, Ohio. The DOJ claims that Norfolk Southern released harmful pollutants into the area surrounding the derailment site, potentially exposing nearby residents to significant health issues.
In the lawsuit, filed in federal court in the Northern District of Ohio, the DOJ seeks relief under the Clean Water Act. The DOJ claims that Norfolk Southern discharged pollutants, oil or hazardous substances into US-owned waters. As a result, the DOJ seeks recovery of response costs incurred by the US government. Under the Clean Water Act, discharge of any pollutants that are not in compliance with the Environmental Protection Agency’s (EPA) standards or an authorized state are prohibited.
The DOJ also claimed that nearby residents have been exposed to hazardous materials linked to significant health issues, which were released during the derailment. The hazardous materials are linked to an increased risk of cancer, a risk to fetal development and organ damage. The DOJ requested that Norfolk Southern remedy, mitigate and offset these harms.
The US government has taken several steps to respond to the train derailment that released chemicals into the surrounding environment and displaced nearby residents. In February, the EPA ordered Norfolk Southern to cover the costs of the cleanup from the accident. In early March, members of both the US Senate and the US House of Representatives introduced legislation to expand railway safety precautions. Later in mid-March, Ohio took legal action against the railroad corporation for the damages caused by the derailment.