DOJ sues Norfolk Southern over East Palestine derailment

The Department of Justice is suing Norfolk Southern over its Feb. 3 train derailment in East Palestine, Ohio, last month that spewed toxic materials and spawned weeks of furor over the Biden administration's response.

In the lawsuit unveiled Thursday, federal prosecutors accuse the company of unlawfully polluting waterways with oil and hazardous substances from the derailed trains.

Norfolk Southern has previously pledged to ensure the area is fully cleaned up and the Biden administration has promised to make sure that happens. The company did not immediately return a request for comment.

The DOJ is seeking injunctive relief, cost recovery and civil penalties to “ensure it pays the full cost of the environmental cleanup,” according to the lawsuit.

“As a result of this incident, hazardous materials vented into the air and spilled onto the ground. These substances contaminated local waterways and flowed miles downstream,” the prosecutors wrote in the suit.

The derailment, involving a freight train traveling near a small town along the Pennsylvania-Ohio border, sent 38 cars off the track, spilling hazardous chemicals. Some of the tank cars had been compromised and required a controlled release of toxic vinyl chloride, which was burned off and forced the town's evacuation.

Federal officials have insisted that the area and its water are safe now, but residents continue to complain of foul smells and worry about long-term health concerns, as well as depressed home values.

Earlier this month, Alan Shaw, the railroad’s CEO, appeared before Congress to apologize for the derailment and promise accountability, telling lawmakers that “we won’t be finished until we make it right.”

The company has come under intense scrutiny from the industry and lawmakers, who have pressed for more stringent safety precautions as they suspect an overheating wheel caused the derailment. Norfolk Southern has since announced a handful of new safety measures,as has the industry as a whole.

Lawmakers from both parties, including a heavy contingent from Ohio and Pennsylvania, are pressing forward with legislation intended to shore up rail safety, but so far have yet to gain broad traction.