Acting on behalf of the Environmental Protection Agency (EPA), the Environment and Natural Resources Division of the U.S. Department of Justice (DOJ) recently filed a complaint against Norfolk Southern Railway Company regarding the Feb. 3 derailment in East Palestine, Ohio.
The complaint seeks penalties and injunctions in response to the unlawful discharge of pollutants, oil and hazardous substances under the Clean Water Act, and declaratory judgment on liability for past and future costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); a March 31 EPA news release said. The action comes after EPA’s Feb. 21 Unilateral Administrative Order requiring Norfolk Southern to develop and implement plans to handle contamination and pay EPA’s associated response costs.
“From the very beginning, I pledged to the people of East Palestine that EPA would hold Norfolk Southern fully accountable for jeopardizing the community’s health and safety,” Michael Regan, EPA administrator, said in the release. “No community should have to go through what East Palestine residents have faced. With today’s action, we are once more delivering on our commitment to ensure Norfolk Southern cleans up the mess they made and pays for the damage they have inflicted as we work to ensure this community can feel safe at home again.”
Both Regan and Attorney General Merrick Garland have stated that Norfolk Southern should be held accountable for the harm the derailment caused. Todd Kim, assistant attorney general of the DOJ’s Environment and Natural Resources Division, added that the complaint seeks accountability and justice for the people of East Palestine.
The derailment in East Palestine culminated in burning rail cars and contamination of the area's air, water and land; the release said. The rail cars reportedly were carrying hazardous materials including benzene residue, ethylene glycol monobutyl ether, butyl acrylate, ethylhexyl acrylate, isobutylene and vinyl chloride. The fire burned for several days, and Norfolk Southern vented and burned five rail cars containing vinyl chloride in a flare trench to prevent an explosion.
The EPA has overseen Norfolk Southern's cleanup work since issuing the Unilateral Administrative Order.
