COLUMBUS, Ohio — Ohio Attorney General Dave Yost has filed a 58-count civil lawsuit in federal court against Norfolk Southern, seeking to hold the company financially accountable for a train derailment that occurred in East Palestine on February 3.
The accident caused the release of over 1 million gallons of hazardous chemicals, which, according to Yost, “recklessly endangered” the health of area residents and Ohio’s natural resources. Yost wants to ensure that Norfolk Southern is held responsible for the incident and the long-term effects on the environment.
The lawsuit, filed in the US District Court of the Northern District of Ohio, cites the company’s escalating accident rate, which has risen 80% in the last decade. At least 20 Norfolk Southern derailments since 2015 have involved chemical discharges. Yost alleges that the company’s practice of prioritising profits above the welfare of communities has led to the “entirely avoidable” derailment. The lawsuit cites 58 violations of various federal and state environmental laws and Ohio Common Law, including negligence counts relating to defects in the train and the train’s operation, public nuisance counts encompassing chemical releases into the air, public waterways and public land, and trespass counts addressing the contamination of natural resources.
The violations resulted in hazardous pollutants being released into the air, water, and ground, posing substantial, long-term threats to human health and the environment. The lawsuit seeks injunctive relief, civil penalties, costs, damages, and court costs.
Yost asks the court to require Norfolk Southern to conduct future monitoring of soil and groundwater at the derailment location and to submit a closure plan to the Ohio EPA. The lawsuit would also prohibit Norfolk Southern from disposing of additional waste at the derailment site and from polluting Ohio waters.
