EPA, Justice Dept. Seek Civil Penalties In East Palestine Wreck

March 31, 2023 by Dan McCue
EPA, Justice Dept. Seek Civil Penalties In East Palestine Wreck
Portions of a Norfolk Southern freight train that derailed in East Palestine, Ohio, remained on fire by the following day on Feb. 4, 2023. (Gene J. Puskar/Associated Press)

WASHINGTON — The Environmental Protection Agency, in coordination with the U.S. Justice Department, is seeking potentially millions of dollars in civil fines from the Norfolk Southern Railway Co. in connection to the Feb. 3 derailment of a train carrying hazardous materials near East Palestine, Ohio.

In the complaint filed on Friday in the federal court in Columbus, Ohio, Todd Kim, an assistant attorney general in the Justice Department’s Environment and Natural Resources Division, says on the night of the incident, a total of 38 freight cars derailed, 11 of which contained some type of hazardous material.

These materials included “vinyl chloride, ethylene glycol monobutyl ether, ethylhexyl acrylate, butyl acrylate, isobutylene, and benzene residue.” 

Exposure to these “at sufficiently high levels,” the complaint notes, has been associated variously with an increased risk of cancer; risks to fetal development; damage to organs like the liver, kidneys, lungs, and skin; and other health conditions.


In addition, five of the rail cars that derailed were carrying oil, another car contained fuel additives and an additional empty car contained liquified petroleum gas residue.

While several freight cars were damaged and leaked right away as a result of the accident, a massive fire caused by the derailment also burned for several days.

On Feb. 5, realizing the temperature in one of the rail cars containing vinyl chloride was rising, Norfolk Southern intervened, venting and burning off the gas to prevent an explosion.

While the railroad’s decisive action prevented an additional calamity, it also resulted in additional releases of hazardous materials, the complaint says.


Since the derailment, the EPA states that it has overseen Norfolk Southern’s removal of about 9.2 million gallons of liquid wastewater and an estimated 12,932 tons of contaminated soils and solids, which have been shipped off-site.

“From the very beginning, I pledged to the people of East Palestine that EPA would hold Norfolk Southern fully accountable for jeopardizing the community’s health and safety,” EPA Administrator Michael Regan said in a written statement. 

“No community should have to go through what East Palestine residents have faced,” he continued. “With today’s action, we are once more delivering on our commitment to 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.”

Specifically the EPA and DOJ are seeking an assessment of civil penalties of $64,618 per day, per violation of Section 301 of the Clean Water Act, and civil penalties of $55,808 per day or $2,232 per barrel of oil or unit of hazardous substance, per violation of Section 311 of the act.

They are also seeking a judgment awarding the federal government repayment of its response costs and an order that Norfolk Southern take appropriate actions to remedy, mitigate and offset the harm to public health and the environment caused by the violations of the Clean Water Act.

In addition, they are asking that the railroad be ordered to take unspecified steps “to ensure safe transport of oil and hazardous materials, hazardous substances, pollutants, and contaminants.”

In their joint filing announcing the litigation, the EPA and DOJ said they and other federal agencies are continuing to investigate the circumstances leading up to and following the derailment and that the government “will pursue further actions as warranted in the future as its investigatory work proceeds.” 


As previously reported by The Well News, the state of Ohio has also filed a civil lawsuit seeking to hold the Class 1 railroad responsible for the derailment.

Dan can be reached at [email protected] and at https://twitter.com/DanMcCue

A+
a-
  • civil penalties
  • East Palestine
  • EPA
  • Justice Department
  • lawsuit
  • Norfolk Southern
  • In The News

    Health

    Voting

    Environment

    Biden Proposal Would Let Conservationists Lease Public Land

    BILLINGS, Mont. (AP) — The Biden administration wants to put conserving vast government-owned lands on equal footing with oil drilling, livestock grazing and... Read More

    BILLINGS, Mont. (AP) — The Biden administration wants to put conserving vast government-owned lands on equal footing with oil drilling, livestock grazing and other interests, according to a top administration official who defended the idea against criticism that it would interfere with industry. The proposal would allow conservationists and others to... Read More

    May 11, 2023
    by Dan McCue
    In a First, EPA Proposes Emissions Limits for Existing Power Plants

    WASHINGTON — The Environmental Protection Agency on Thursday proposed the first-ever regulations to limit greenhouse gas emissions from existing power... Read More

    WASHINGTON — The Environmental Protection Agency on Thursday proposed the first-ever regulations to limit greenhouse gas emissions from existing power plants. The proposals steer clear of mandating the use of equipment or a specific technology to capture emissions before they leave a power plant’s smokestack and... Read More

    April 25, 2023
    by Kate Michael
    Top US Environmental Diplomat Praises America’s ‘Can-Do Spirit'

    WASHINGTON — In her last public event before taking on her new role as CEO of the Wildlife Conservation Society,... Read More

    WASHINGTON — In her last public event before taking on her new role as CEO of the Wildlife Conservation Society, Monica Medina told the Wilson Center she’s confident in the world’s ability to meet its global sustainability challenges thanks to environmental diplomacy, private sector partnerships and... Read More

    April 24, 2023
    by Dan McCue
    EPA Poised to Place First Limits on Power Plant Emissions

    WASHINGTON — The Environmental Protection Agency is reportedly close to imposing first-of-their-kind limits on carbon emissions from existing power plants.... Read More

    WASHINGTON — The Environmental Protection Agency is reportedly close to imposing first-of-their-kind limits on carbon emissions from existing power plants. According to multiple reports, the Biden administration will impose limits on greenhouse gas emissions to compel power plant operators to capture particulate matter and gasses before... Read More

    April 21, 2023
    by Tom Ramstack
    Biden Advances Environmental Agenda to Reduce Inequities

    WASHINGTON — President Joe Biden signed an executive order Friday that sets a priority for the federal government to address... Read More

    WASHINGTON — President Joe Biden signed an executive order Friday that sets a priority for the federal government to address environmental pollution in disadvantaged communities. It requires all federal agencies to review how to ensure their programs do not excessively burden low-income communities. “Environmental justice will... Read More

    April 19, 2023
    by Kate Michael
    These Are America’s Most Endangered Rivers in 2023

    WASHINGTON — American Rivers, a nonprofit environmental organization, published its most recent annual list of America’s Most Endangered Rivers, highlighting... Read More

    WASHINGTON — American Rivers, a nonprofit environmental organization, published its most recent annual list of America’s Most Endangered Rivers, highlighting 10 rivers in the United States where climate change and adverse industrial and human activity have put water supplies and ecosystems at risk.  While many of... Read More

    News From The Well
    scroll top