The Legal Repercussions Surrounding the Ohio Train Derailment

By: Sarah Wejman

Edited By: shiny han and anna westfall

On February 3, the nation was shocked by pictures of a dark black cloud looming over an unsuspecting American town. The Norfolk Southern rail line had a thirty-eight-car freight train traveling through East Palestine, Ohio when it derailed. Eleven of these cars contained hazardous chemicals, which caused spillages into waterways or on the ground. Five of those had a particularly potent chemical named vinyl chloride. [1] Vinyl chloride is a manufactured substance that is a colorless gas at room temperature and is very flammable. [2] In the US, vinyl chloride is used to make polyvinyl chloride (PVC), which is used to make plastic and vinyl products like pipes, wire, cable coatings, and packaging materials. Authorities, including Ohio governor Mike DeWine, determined that it would be best to purposefully detonate the chemical releases of vinyl chloride for safety and environmental precautions, which caused the eerie, dark sky. 

Although the Environmental Protection Agency (EPA) claims that there aren’t many immediate effects of the derailment because they found the water and air to be safe as of now, scientists do not understand the effects of vinyl chloride fully. Since 1976, the EPA has regulated vinyl chloride because it has implications of being a causal agent to angiosarcoma and other serious carcinogenic and non-carcinogenic disorders. [3] 

The EPA has declared that it is safe for residents to move back into their homes; however, people are suffering from the resulting pollution and economic downturn it has caused. There have been six class action lawsuits thus far that have been filed against Norfolk Southern, with the premise of claims being due to a few main reasons: a loss of income after evacuations, exposure to cancer-causing chemicals, and feeling unsafe in their homes. [4] Rick Feezle, a member of one of the class action lawsuits, has experienced a raspy voice and chest pain as a result of the incident, while his wife has had sore throats and headaches. Feezle, an owner of two local businesses, remarked, “Nobody can tell us what we should do other than ‘It’s safe, go head on back in there.’And the fish are dying and animals are dying and I can hardly talk and my chest hurts.” [5] Another lawsuit emphasized the shocking volume of vinyl chloride released, stating that Norfolk, “discharged more cancer-causing vinyl chloride into the environment in the course of a week than all industrial emitters combined did in the course of a year.” [6] Rene Rocha, an attorney at Morgan & Morgan Lawyers, has met with plaintiffs in lawsuits and notes that residents within a several miles radius have suffered from ongoing health conditions after the derailment. He mentions that “when you talk to them, they run out of breath or start coughing.” 

Norfolk Southern announced in a statement on February 14th that they would be making a $1 million charitable fund to support the community by working with local and state officials to distribute the donations properly. They will additionally provide $1.2 million in financial assistance to about 900 families impacted, as well as local businesses in need. [7] Recently, Norfolk President and CEO Alan Shaw released the following statement: 

“We are cleaning up the site in an environmentally responsible way, reimbursing residents affected by the derailment, and working with members of the community to identify what is needed to help East Palestine recover and thrive." 

Although it is certainly helpful that Norfolk is stepping in financially, the incident as a whole prompts the bigger question about the United States’ protocols with such hazardous chemicals and whether we should even be using them in the first place. Cutting back on emissions or trying to be more environmentally conscious will practically do nothing if one accident of this magnitude happens every year, as the progress made will simply be ruined. Although the headlines of the derailment have dissipated and the event is “old news,” those impacted will likely be continually affected in some way for the rest of their lives, such as chronic medical conditions and resulting financial hardships. We must use this incident as a lesson and a call to action to improve our practices with harmful chemicals and evaluate the risk versus reward of using them from an environmental standpoint.

Notes:

  1. Jones, Benji. “Yes, the Ohio Train Wreck Is an Environmental Disaster. No, It’s Not Chernobyl.” Vox, February 18, 2023. https://www.vox.com/science/2023/2/18/23603471/east-palestine-ohio-derailment-water-contamination-health.

  2. Agency for Toxic Substances and Disease Registry. “PUBLIC HEALTH STATEMENT Vinyl Chloride,” July 2006. https://www.atsdr.cdc.gov/ToxProfiles/tp20-c1-b.pdf.

  3. US Environmental Protection Agency. “Vinyl Chloride: National Emission Standards for Hazardous Air Pollutants (NESHAP).” www.epa.gov, July 1, 2015. https://www.epa.gov/stationary-sources-air-pollution/vinyl-chloride-national-emission-standards-hazardous-air.

  4. Feezle et al. v. Norfolk Southern Corporation, 4:23-cv-00242 U.S (2023)

  5. Bendix, Aria, and Uwa Ede-Osifo. “As Residents near Ohio Train Derailment Begin to File Lawsuits, Some Report Coughs or Chest Pain.” NBC News, February 18, 2023. https://www.nbcnews.com/news/us-news/lawsuits-filed-ohio-train-derailment-rcna71192.

  6. Canterbury et al. v. Norfolk Southern Corporation, 4:23-cv-00298 U.S (2023)–

  7. Norfolk Southern Corporation. “Norfolk Southern Establishes $1 Million Fund to Support East Palestine Community.” Cision, February 14, 2023. https://www.prnewswire.com/news-releases/norfolk-southern-establishes-1-million-fund-to-support-east-palestine-community-301746912.html.

    BIBLIOGRAPHY:

    Agency for Toxic Substances and Disease Registry. “PUBLIC HEALTH STATEMENT Vinyl Chloride,” July 2006. https://www.atsdr.cdc.gov/ToxProfiles/tp20-c1-b.pdf.

    Bendix, Aria, and Uwa Ede-Osifo. “As Residents near Ohio Train Derailment Begin to File Lawsuits, Some Report Coughs or Chest Pain.” NBC News, February 18, 2023. https://www.nbcnews.com/news/us-news/lawsuits-filed-ohio-train-derailment-rcna71192.

    Canterbury et al. v. Norfolk Southern Corporation, 4:23-cv-00298 U.S (2023)

    Feezle et al. v. Norfolk Southern Corporation, 4:23-cv-00242 U.S (2023)

    Jones, Benji. “Yes, the Ohio Train Wreck Is an Environmental Disaster. No, It’s Not Chernobyl.” Vox, February 18, 2023. https://www.vox.com/science/2023/2/18/23603471/east-palestine-ohio-derailment-water-contamination-health.

    Norfolk Southern Corporation. “Norfolk Southern Establishes $1 Million Fund to Support East Palestine Community.” Cision, February 14, 2023. https://www.prnewswire.com/news-releases/norfolk-southern-establishes-1-million-fund-to-support-east-palestine-community-301746912.html.

    US Environmental Protection Agency. “Vinyl Chloride: National Emission Standards for Hazardous Air Pollutants (NESHAP).” www.epa.gov, July 1, 2015. https://www.epa.gov/stationary-sources-air-pollution/vinyl-chloride-national-emission-standards-hazardous-air.