Justice Department sues Norfolk Southern Railway Company

The Justice Department filed a lawsuit against Norfolk Southern Railway Company on Thursday following last month’s disastrous derailment in East Palestine, Ohio.

Court documents reveal the civil suit on behalf of the Environmental Protection Agency (EPA) is seeking damages for alleged violations to the Clean Water Act due to the pollutants released in the aftermath of the Feb. 3 derailment.

Included in the filing is an aerial photograph provided by Norfolk Southern, which shows the derailed train cars and labels the substances contained in each.

The incident forced residents to evacuate their homes while fires burned for days, and prompted widespread rancor over the government’s perceived indifference to the situation.

East Palestine Mayor Trent Conaway, in particular, called a surprise visit to Ukraine by President Biden “the biggest slap in the face” as the town struggled to learn more about their new reality.


Norfolk Southern train derailment aerial photo.
The derailment cause fires to burn for several days.
AP

Locals collect water samples from the contaminated creek.
Locals collect water samples from the contaminated creek.
Getty Images

“That tells you right now he doesn’t care about us,”  Conaway told Fox News’ Jesse Walters at the time.

“He can send every agency he wants to, but I found out this morning that he was in Ukraine giving millions of dollars away to people over there and not to us … on Presidents’ Day in our country, so I’m furious.”

Almost two months after the derailment, residents are also still grappling with mysterious medical side effects of the widespread toxicity.


A black plume rises over East Palestine on Feb. 6.
A black plume rises over East Palestine on Feb. 6.
AP

Alan Shaw.
Norfolk Southern Corporation President and CEO Alan Shaw testified before the Senate on the derailment.
AFP via Getty Images

“Doctors say I definitely have the chemicals in me but there’s no one in town who can run the toxicological tests to find out which ones they are,” resident Wade Lovett told The Post in late February.

“It’s hard to breathe, especially at night. My chest hurts so much at night I feel like I’m drowning. I cough up phlegm a lot. I lost my job because the doctor won’t release me to go to work.”