Norfolk Southern sued over a toxic Ohio derailment

In an order to hold the railroad company accountable for what it allegedly did to violate the Clean Water Act following the derailment of an Ohio train in early February, the Justice Department announced Friday that it had filed a lawsuit against Norfolk Southern.

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In East Palestine, Ohio, close to the Pennsylvania border, a Norfolk Southern train carrying dangerous chemicals derailed in February, resulting in a fire, crashes, and the evacuation of the neighborhood.

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The Environmental Protection Agency filed the complaint on its behalf on Thursday and is asking for "injunctive relief, cost recovery, and civil penalties" for the allegedly broken regulations.

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Attorney General Merrick Garland stated in a release on Friday that the "Justice Department and the EPA are taking action with this complaint to seek justice for the people of East Palestine and make sure Norfolk Southern is financially responsible for the harm it has caused and is still causing to the community."

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There was no immediate response from Norfolk Southern to Trade Algo's request for comment.

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The Norfolk Southern Railroad Company has been in hot water with state and federal officials in relation to the environmental consequences of the derailment since it occurred.

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The state of Ohio has also sued Norfolk Southern in a bid to ensure the company pays for environmental damage and cleanup efforts, which Norfolk Southern CEO Alan Shaw has stated the company would continue to support as long as it was necessary. There has been a lot of concern in the community about the safety of living in the area, even though several local government officials have said it is safe.

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EPA Administrator Michael Regan, in a statement he released in response to Thursday's lawsuit, said that "no community should have to deal with the problems East Palestine residents have experienced."

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He further added that "the lawsuit signifies the agency's commitment to ensuring Norfolk Southern cleans up the mess they have made as well as paying for the damages they have caused as we work to ensure the community can once again feel safe and at home."

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The Norfolk Southern derailment led to the emergence of long-standing concerns about rail safety, some of which became even more acute after Thursday's announcement of an updated rail safety bill.

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Shaw told senators last week that his company supports parts of an adjacent bill, the Railway Safety Act, which includes provisions to ensure that there are two people on board all freight trains. Despite Shaw's assurances that "no data has been found that connects the size of a crew with its safety," that was a sticking point.

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On the other hand, Shaw stated in his prepared remarks that he agrees "in principle" with portions of the legislation, for instance, “establishing performance standards, maintenance standards, and alert thresholds for safety sensors.”

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According to the new law, referred to as the Railway Accountability Act, the Federal Railroad Administration is to conduct an investigation into wheel-related failures, derailments, and other mechanical faults in railroads.

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Furthermore, it would ensure a number of new brake safety measures are implemented as well as the railways provide workers with the necessary safety equipment and reporting systems.

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In a preliminary report, the National Transportation Safety Board reported that the derailment of the Norfolk Southern train was caused by an overheated wheel bearing, without giving the exact reason for the derailment.