US Justice Dept sues Norfolk Southern over Ohio train derailment

By David Shepardson

WASHINGTON (Reuters) -The U.S. Justice Department filed a lawsuit late Thursday against Norfolk Southern Corp to ensure that the company pays the full cost of cleanup and any long-term effects of the derailment in Ohio of one of its freight trains in early February.

The lawsuit filed in U.S. District Court in Ohio on behalf of the Environmental Protection Agency seeks penalties and injunctive relief for the unlawful discharge of pollutants under the Clean Water Act and an order addressing liability for past and future costs.

The derailment on Feb. 3 of 38 cars including 11 carrying hazardous materials in the village of East Palestine caused cars carrying toxic vinyl chloride and other hazardous chemicals to spill and catch fire.

“With this complaint, the Justice Department and the EPA are acting to pursue justice for the residents of East Palestine and ensure that Norfolk Southern carries the financial burden for the harm it has caused and continues to inflict on the community,” Attorney General Merrick Garland said on Friday.

EPA in February issued an order requiring Norfolk Southern to develop plans to address contamination and pay EPA’s response costs.

EPA Administrator Michael Regan said the suit will help “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.”

The railroad did not immediately comment on the lawsuit.

Norfolk Southern CEO Alan Shaw told lawmakers last week that the railroad is “committed” to paying for cleanup costs and addressing potential long-term health issues and home value impacts from the derailment.

Shaw said the railroad will work with the community on programs to protect drinking water over the long term.

No deaths or injuries were reported after the incident but since the derailment, some of East Palestine’s 4,700 residents have reported ailments such as rashes and breathing difficulties, and some fear long-term health effects.

(Reporting by David Shepardson and Rami Ayyub; Editing by Raissa Kasolowsky and Mark Porter)