CLEVELAND — As Norfolk Southern contends with criticism from the EPA and other government entities in the cleanup of the East Palestine train derailment, it is also dealing with the growing number of lawsuits filed by residents and business owners.
On Wednesday evening, Cleveland-based Lipson O'Shea Legal Group filed a pair of federal class action suits in the Northern District of Ohio. Both suits are seeking over $5 million in damages.
One of the suits is seeking class action status for those who suffered property damage and economic loss. It covers properties that "were contaminated by the derailment and subsequent chemical burn" as well as those who have "lost work, productivity, revenue and/or economic opportunity" as a result of the derailment. The impact area for those affected could extend up to a 25-mile radius from the derailment site.
The other suit seeks class action status for "all individuals in East Palestine and/or in a 10-mile radius of the derailment, who were exposed to the release of hazardous fumes, chemicals, carcinogens and other toxic substances, and who have exhibited physical symptoms of that exposure, including, but not limited to: headaches, skin and eye irritation, trouble breathing, and vomiting."
Both suits take Norfolk Southern to task for the decision to have a controlled release of the chemicals inside the railroad cars three days after the derailment, specifically the "vent and burn" of Vinyl Chloride. "Norfolk Southern knew, or should have known, draining and burning Vinyl Chloride would expose the surrounding area to extremely toxic chemicals via the air, soil, and water," the suits state.
Earlier this week, Peiffer Wolf Carr Kane Conway & Wise, LLP joined with two other firms in filing a class action suit against Norfolk Southern, which similarly criticized the rail company for the controlled release. "Norfolk Southern’s flawed response released more than twice the toxics released in the initial derailment, creating a million-pound chemical burn pit that would burn and discharge thick toxic smoke for days causing widespread anxiety, panic, and fear of dire health consequences," the firm wrote on its website announcing the lawsuit.
There are at least eight lawsuits currently filed in U.S. District Court against Norfolk Southern.
The wreck occurred on Feb. 3, when the 150-car Norfolk Southern freight train came off the tracks and caught fire. According to the National Transportation Safety Board (NTSB), the train was going between Madison, Illinois and Conway, Pennsylvania, passing through Cleveland prior to derailing in Columbiana County.
Due to the potential for an explosion, officials evacuated everyone within a one-mile radius and conducted a "controlled release" of hazardous chemicals on Feb. 6. Although residents were cleared to return home just days following the release, there continue to be health and safety concerns.
On Tuesday, EPA Administrator Michael Regan ordered Norfolk Southern to clean up the aftermath of the derailment, including assuming all financial costs. If Norfolk Southern fails to complete any action ordered by the EPA, the agency will immediately step in, conduct the work on its own and then force Norfolk Southern to pay triple in cost. In a series of tweets on Tuesday, President Biden affirmed that it will be up to the rail company to handle responsibility for the cleanup. "This is their mess. They should clean it up," he stated.