East Palestine Property Owners Sue Norfolk Southern Over Ohio Train Derailment

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Property owners, renters and businesses have filed the latest proposed class action against Norfolk Southern over the catastrophic February 3 train derailment that released toxic chemicals into the environment in and around East Palestine, Ohio.

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The 53-page case alleges Norfolk Southern is liable for damages incurred by those who live and work close to the site of the chemical spill and fire sparked by the wreck, which shut down local businesses for several days and forced residents to evacuate or remain locked inside their homes to avoid the toxic pollutants in the environment.

For residents, the incident has not only interfered with their ability to use and enjoy their properties but has decreased property values, caused property damage and deprived the individuals of wages, the suit says. Businesses have likewise suffered property damage and economic losses, the case says, and the complaint contends that a string of “ultrahazardous” activities on the part of Norfolk Southern is to blame.

The complaint explains that 40 minutes before reaching the derailment site, the 141-car train traveling from Pennsylvania to Illinois caught fire when an overheated wheel bearing began to spark. In total, the suit states, 38 railcars left the tracks, and an additional 20, several of which contained hazardous materials, were damaged.

The filing says the train crew applied the emergency brake around 9:00 p.m. as the train approached East Palestine, causing a catastrophic derailment that spilled more than a million pounds of hazardous industrial materials, including two of “the deadliest” human carcinogens, vinyl chloride and benzene.

As concern of an explosion persisted while the rail cars burned, Norfolk Southern discharged more than 1.1 million pounds of vinyl chloride into the environment and set it ablaze in a “hastily excavated trench” where it burned for several days, the filing continues. The blaze covered the surrounding area in a “large plume of thick black smoke” that exposed thousands to toxic chemicals and prompted residents to either hide inside or flee the area, the lawsuit states.

“Prolonged exposure to the hazardous fumes and thick smoke forced Plaintiffs and Class members to sequester themselves inside their homes or to abandon their homes and relocate away from the spread of toxic pollutants,” the complaint says, adding that a February 6 evacuation order for residents within a one-mile-by-two-mile area surrounding the trainwreck wasn’t lifted until February 8.

One plaintiff, the operator of an East Palestine Dairy Queen, was forced to close the store on February 4 due to smoke that covered the property, and the store remained closed due to the evacuation order from February 6 to 8. Although the Dairy Queen reopened on February 9, concern over the onsite air quality has kept many customers away, the filing states.

Since returning to their homes, other plaintiffs have been unable to enjoy their properties, and have reported issues such as noxious smells and tap water with a “foul sulfur-like stench,” the case says.

Even worse, the complaint relays, residents are suffering from short-term acute health symptoms, including nausea, headaches, vomiting, dizziness, light-headedness and nosebleeds, from exposure to gases, chemicals, pollutants, and contaminants from the Norfolk Southern trainwreck and fires. Moreover, some plaintiffs say they fear the potential long-term health effects, such as cancer, that may arise in years to come.

The case alleges Norfolk Southern, despite being in the business of regularly shipping hazardous materials, has collected record profits in recent years by cutting corners and resisting safety regulations designed to protect lives and the environment. Per the suit, Norfolk Southern has gone so far as to argue against adopting modern braking systems for its trains, or using stronger tank cars for explosive materials, all to save costs.

Indeed, the February 3 derailment resulted from Norfolk Southern’s failure to take necessary precautions when loading the train, the lawsuit says. The case claims the company negligently backloaded the railcars, placing significant stress on the train’s axles. 

To compound matters, Norfolk Southern waited two hours before reporting the wreck to federal authorities and then failed to provide first responders with key information about the chemicals onboard the train, the complaint claims. Moreover, the suit says, the company failed to consult the proper authorities before deciding to vent and burn the vinyl chloride-containing railcars, a drastic measure that allowed it to reopen the rail line only five days after the incident.

“If they had not been left in the dark, emergency response leaders and responsible governmental authorities could have explored alternative courses of action, including some that may have kept the rail line closed longer but could have resulted in a safer overall approach,” the case reads.

The lawsuit looks to cover anyone who resided in, leased, or owned property within a 30-mile radius of the derailment site as of February 3, 2023. The suit also seeks to represent any individuals or entities who owned and operated a business, commercial property or farmland within a 30-mile radius of the derailment site as of February 3, 2023.

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