Ohio Legal professional Basic Dave Yost Tuesday filed a complaint in opposition to Norfolk Southern over the February 3 train derailment in East Palestine, Ohio. The criticism accommodates 58 counts for aid below quite a few state and federal environmental legal guidelines. Yost introduced the go well with on the request of the director of the Ohio Environmental Company (EPA).
The criticism asserts:
[The East Palestine derailment] was only one in an extended string of Norfolk Southern prepare derailments, hazmat incidents/neighborhood evacuations, and releases of hazardous substances, hazardous wastes, and/or different dangerous pollution into the surroundings . . . at the very least 20 of these derailments since 2015 have concerned chemical releases.
Ohio is looking for injunctive aid, civil penalties, redress for “damages to the State’s pure assets,” a declaratory judgment and reimbursement of the state EPA’s response prices. The criticism additionally seeks damages below Ohio frequent regulation negligence, nuisance and trespass.
Moreover, the criticism asserts that the derailment “was each foreseeable and preventable,” detailing quite a few incidents of derailments that Norfolk Southern has been concerned in over latest years. Yost additionally references two Norfolk Southern derailments which have occurred because the East Palestine derailment—one on March 4 in Springfield, Ohio and one on March 9 in Calhoun County, Alabama.
Yost stated:
Ohio shouldn’t should bear the super monetary burden of Norfolk Southern’s obtrusive negligence . . . The fallout from this extremely preventable incident could proceed for years to return, and there’s nonetheless a lot we don’t know in regards to the long-term results on our air, water and soil.
In February, the Ohio Division of Pure Sources announced that chemical compounds from the derailment had been present in waterways close to the Ohio River. US Secretary of Transportation Pete Buttigieg called on Norfolk Southern to adjust to security rules, and the US Environmental Safety Company additionally ordered the corporate to undertake clean-up efforts.
