EAST PALESTINE, Ohio — A federal judge has given preliminary approval to a $600 million settlement in the class action lawsuit between Norfolk Southern and the residents and businesses impacted by the East Palestine toxic train derailment.
The settlement, which was announced last month, will resolve all class action claims within a 20-mile radius from the derailment and, for those residents who choose to participate, personal injury claims within a 10-mile radius from the derailment.
According to U.S. District Court Judge Benita Pearson, the "proposed Settlement Agreement is fair, reasonable, and adequate, entered into in good faith, and free from collusion."
Attorneys representing the plaintiffs say Pearson's preliminary approval clears the way for the claims process to begin.
"We know many residents, employees and business owners have questions about this process. We want them to know: we hear you. Lawyers for the class will be in the community several times over the coming weeks and months to answer questions and assist eligible class members with their claims," said the lead counsels in a joint statement.
So what are the next steps?
According to the plaintiff's attorneys, Kroll Settlement Administration, LLC – a neutral third-party administrator – will now proceed with notifying the settlement class, "which includes anyone who lived, worked or owned a business within 20 miles of the train derailment site after February 3, 2023."
Later this month, Kroll will send emails and letters to those qualify informing them of the settlement and the claims process. The company will also create a settlement website that hosts important information about the agreement as well as advertise settlement information in newspapers, on television stations, online and via social media.
A claims assistance center will be located at the former site of the Norfolk Southern Family Assistance Center at 191 East Rebecca Street in East Palestine. It will be open starting on the first business day after notices are mailed out. The center's hours will be Mondays, Tuesdays and Thursdays from 8:30 a.m. to 5 p.m., Wednesdays from 10:30 a.m. to 7 p.m., and Fridays from 8:30 a.m. to 12 p.m.
The deadline to file a claim will be on August 22. Pearson will hold a hearing for final approval in September.