By Okon Ekpenyong, reporting from East Palestine, Ohio

In the aftermath of East Palestine, Ohio, train derailment on February 3, 2022, Norfolk Southern, the company at the center of this crisis, is facing multiple lawsuits from residents who were forced to evacuate and feared health complications from vinyl chloride and other potentially hazardous chemicals.

Three law firms have joined forces to file earlier lawsuits against Norfolk Southern. All three have stated that more than 500 residents have requested legal advice from them.

On Tuesday, February 21, in East Palestine, Ohio, EPA Administrator, PA Governor Josh Shapiro, and Ohio Governor Mike DeWine ordered Norfolk Southern to expedite the cleanup effort and will be responsible for all the costs incurred during the assistance by Environmental Protection Agency. All contaminated soil and water on-site and in surrounding neighborhoods and cities must be identified and cleaned up by Norfolk.

Lawsuits

“There’s been a lot of discussion about how railroads in this country have operated for years now and trying to maximize profits at the expense of the safety of their employees and the communities. And we are making them accountable through a location like this as one way to get them to change their behaviors,” Andrew Thompson of Shapero Roloff said.

Exposure to vinyl chloride can result in various potentially serious health effects, including breathing difficulties, eye and skin irritation, dizziness, headaches, neurological effects, cancer, liver and lung damage, reproductive effects, and respiratory problems.

In Columbiana, Ohio, residents met with three law firms at the Best Western Plus Dutch Haus Inn and Suits on February 21. Residents, local governments, businesses, and railroad workers may file lawsuits.

Recommendations from the Residents

East Palestine residents want the EPA and Norfolk to test the soil in East Palestine and cities in Ohio and PA neighborhoods and towns affected by the train derailment. The residents also want Norfolk Southern to do more testing to ensure the area’s soil and water are not contaminated and to demonstrate accountability. They demand that Norfolk pay for the cleanup and giving 1,000 dollars to each resident is a slap in the face.

Over 15,000 pounds of soil and 1.1 million gallons of contaminated water have already been removed. 

Findings

Some of the substances in the train car involved in the derailment included vinyl chloride, butyl acrylate, monobutyl ethylene glycol, and isobutylene. These materials have been widely considered toxic and can harm humans and the environment. According to EPA, several rivers or creeks did contain chemicals from the incident, including Sulphur Run, Leslie Run, Bull Creek, Little Beaver Creek, and North Fork Little Beaver Creek.

Solutions

The Environmental Protection Agency (EPA) ordered Norfolk Southern to perform all cleanup actions associated with the East Palestine Train Derailment. Norfolk will cover all EPA charges incurred in the cleanup. It will also attend and participate in public meetings at EPS’s request and post updates online.

Actions

The EPA is collecting water and soil contaminant samples to test if they are further hazardous substances from the derailment. Federal Emergency Management (FEMA) also dispatched a team to visit the city to support ongoing recovery operations. “FEMA and the State of Ohio have been in constant contact regarding emergency operations in East Palestine. U.S. EPA [Environmental Protection Agency] and Ohio EPA have been working together since day one,” Ohio Governor DeWine and FEMA Regional Administrator Thomas Sivak said in a joint statement.

Livestock and other animals

There have been reports that over 3500 fish have died in the area and that the water is unsafe to drink for farm animals. 

Resources

Several companies, such as Healthyr, based out of Louisville, Kentucky, provided free home testing kits to residents at East Palestine Library off N Market Street. The test will check for your bilirubin, creatinine, cortisol, cholesterol, HDL, LDL, alanine transaminase, aspartate aminotransferase, thyroid stimulating hormone, hba1c, triglycerides, and vitamin D levels.

“For the last two weeks, East Palestine has been everyone’s small-town America, so watching the news on TV and not seeing some vital information not covered was the most irritating part. In response to the Mayor’s request for assistance, Healthqr donated more than 10,000 bottles of water and over 1,000 comprehensive health testing home kits to residents as part of our efforts to assist with the recovery process,” Stacey Finster, CEO of Healthyr, said.  

The Ohio Department of Health opened the East Palestine Health Assessment clinic as part of the state’s recovery effort. Residents with or without medical complications could visit the clinic for a health assessment.

Thousands of bottles of water and other goods were also provided to the residents of East Palestine by Chuck Pacella and his team, who are from the church of Christ, Disaster relief efforts inc unit based out of Nashville, Tennessee.

Statement from EPA Administrator Michael S Regan

“The Norfolk Southern train derailment has upended the lives of East Palestine families, and EPA’s order will ensure the company is held accountable for jeopardizing the health and safety of this community,” said EPA Administrator Michael S. Regan.

During his visit to East Palestine early Tuesday morning, Mr. Regan discussed the latest developments in the cleanup process with Pennsylvania Governor Josh Shapiro, Ohio Governor Mike DeWine, Trent Conaway, Congressman Brad Wenstrup, and another city, state, and federal officials in attendance. 

“Let me be clear: Norfolk Southern will pay for cleaning up the mess they created and for the trauma they’ve inflicted on this community. I’m deeply grateful to the emergency responders, including EPA personnel, who’ve been on the ground since day one and ensured no loss of life due to this disaster,” Regan said.

“As we transition from emergency response, EPA will continue coordinating closely with our local, state, and federal partners through a whole-of-government approach to support the East Palestine community during the remediation phase. To the people of East Palestine, EPA stands with you now and for as long as it may take.”

Upcoming visits

On Wednesday, February 22, 2023, former President Donald Trump will visit East Palestine and meet with city officials and residents. “The people of East Palestine need help. I’ll see you on Wednesday,” Trump said in a press release. Pete Buttigieg, the Secretary of Transportation, will visit the small town on Thursday; however, neither President Biden nor the Secretary has visited the city, and residents have voiced their disapproval.

An environmental activist, Erin Brockovich, whose real-life story was portrayed by Julie Roberts in the 2000 movie Erin Brockovich and earned the actress an Academy Award, will visit the city on February 24, 2023.

In the Hinkley groundwater contamination case, the activist helped bring the Pacific Gas and Electric Litigation to the national stage.

Josh Shapiro, a Democrat Governor from Pennsylvania, says both parties have cooperated to address the problems since the Feb 3rd train derailment. The city is 40 miles East of Pittsburgh, PA, but other surrounding PA cities are within 10 to 15 minutes from East Palestine, Ohio.

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