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Justice Department sues Norfolk Southern over freight train derailment in Ohio

Smoke billowing from train derailment fire
Smoke billows from a fire caused by the derailment of a freight train last month in East Palestine, Ohio.
(Gene J. Puskar / Associated Press)
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The federal government has filed a lawsuit against Norfolk Southern railroad over environmental damage caused by a train derailment on the Ohio-Pennsylvania border that spilled hazardous chemicals into nearby creeks and rivers.

The U.S. Department of Justice said it was seeking to hold the company accountable for “unlawfully polluting the nation’s waterways and to ensure it pays the full cost of the environmental cleanup.” The lawsuit was filed Thursday.

It asks for fines to be imposed under the Clean Water Act and for a judgment to hold the railroad accountable for past and future costs.

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The derailment in early February led to the evacuation of half of the 5,000 residents of East Palestine, Ohio, when responders intentionally burned toxic chemicals in some of the derailed cars to prevent an uncontrolled explosion.

Chemicals from the derailed cars and firefighting foam seeped into creeks and rivers near the village, with some eventually ending up in the Ohio River.

Government officials say tests haven’t found dangerous levels of chemicals in the air or water in the area, but many residents remain concerned about their long-term health.

Not long after the East Palestine, Ohio, train derailment, pro-Russian voices on Twitter began spreading anti-U.S. propaganda about the incident.

March 18, 2023

The Ohio Department of Natural Resources said three weeks after the disaster that the spilled contaminants killed an estimated 44,000 fish, mostly small ones such as minnows.

Norfolk Southern Chief Executive Alan Shaw has repeatedly apologized for the effects of the derailment, and the company has pledged to pay for the cleanup. The railroad has promised more than $20 million to help the Ohio community recover while also announcing voluntary safety upgrades.

Connor Spielmaker, a spokesperson for Norfolk Southern, said the company was focused on the cleanup and was working under the direction of the U.S. Environmental Protection Agency.

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“Our job right now is to make progress every day cleaning up the site, assisting residents whose lives were impacted by the derailment, and investing in the future of East Palestine and the surrounding areas,” he said in a statement.

Ohio filed a lawsuit against Norfolk Southern a little more than two weeks ago to make sure that it pays for the cleanup and environmental damage.

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