U.S. Justice Department files a large civil lawsuit against Norfolk Southern. It alleges that Norfolk Southern violated environmental laws and polluted groundwater and water after its Ohio chemical train derailment on February 3, 2013. The freight company spewed toxic chemicals and ignited fireballs, forcing thousands to flee their homes.
The 28-page complaint was filed Thursday in the Northern District of Ohio on behalf of the Environmental Protection Agency. The lawsuit seeks to force the rail company to pay all cleanup costs of the massive toxic spill and alleges the firm is “unlawfully polluting the nation’s waterways.”
“No community should have to go through what East Palestine residents have faced,” EPA Administrator Michael Regan said Friday in a statement. The legal action makes sure the railroad “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,” Regan said.
These comments, along with the lawsuit, are the most strong words of government condemnation. 38 cars, eleven of which contained toxic chemicals, were on the tracks in East Palestine near Pennsylvania’s border. Flames and poisonous chemicals shot up into the sky from the accident and further over the country.
Norfolk Southern then removed a car that contained dangerous and hazardous vinyl chloride from the vehicle and started a fire. This was to cause a blast-like explosion.
According to the federal suit, there were a number of toxic chemicals in the train. Exposure to them carries “increased risk of cancer; risks to fetal development; damage to organs like the liver, kidneys, lungs, and skin; and other health conditions,” the complaint alleges.
Railway said Friday that they were “working urgently, under the US EPA direction and making daily advances.” That remains our focus and we’ll keep working until we make it right,” the statement said.
Officials from the railroad have repeated their regrets for the accident and said that the company would pay the cleanup costs. Residents have expressed concern about sickened children, dying animals and livestock.
State and federal, local and state officials and agencies dealing with environmental issues have repeatedly stated that no toxic levels were found in public water supplies. Many residents still depend on their private wells for water.
According to the Justice Department, Norfolk Southern also allegedly put profit over safety. Senior railway officials are accused of giving performance bonuses to increase their salaries at the cost of maintaining its train fleet and equipment.
“Over the past four years, annual reports show a stark contrast between the increases in operating income and the drop in railroad operating costs,” said Assistant Attorney General Todd Kim, who wrote the complaint.
These actions were blamed for the fiery crash according to the lawsuit.
“The drop in operating costs includes reductions in spending to repair, service and maintain locomotives and freight cars, perform train inspections, and pay engine crews and train crews,” the complaint said.
In its lawsuit, the Justice Department didn’t include an estimate of how much it would cost to clean up. For each day that the train is found violating the Clean Water Act, the Justice Department seeks penalties of $120,000.
As well as several local, state, and environmental agencies, the National Transportation Safety Board (NTSB) is currently investigating the accident. Many class actions have been brought on behalf residents and property owners who believe their possessions are no longer worth anything.