Federal authorities and Norfolk Southern have reached a $310 million settlement following a toxic train derailment in Ohio. The company is also required to fulfill certain obligations.
If authorized by the Northern District of Ohio's U.S. District Court, Norfolk Southern will need to make changes to enhance rail safety, fund health monitoring and mental health services in the surrounding areas, support long-term environmental monitoring, pay a $15 million civil penalty, and carry out other initiatives to secure waterways and drinking water resources, according to the EPA.
The February 2023 derailment caused a prolonged fire, emitted hazardous fumes into the air, and killed numerous fish, while leaving people questioning if they can reside safely in East Palestine.
Post-derailment, authorities stated that tests demonstrated that the quality of the air and municipal water were safe. However, some residents have reported various health issues after the derailment, including skin irritations, nausea, nasal bleeding, and breathing difficulties.
The EPA's statement on 2 March 2023 is based on a civil lawsuit filed in the same month. The Department of Justice (DOJ) took legal action against Norfolk Southern on behalf of the EPA, alleging violations of the Clean Water Act.
According to the DOJ, the suit aims for "injunctive relief, cost recovery, and civil penalties" owing to infractions of the Clean Water Act, including the release of pollutants and hazardous materials into waterways.
As per the arrangement announced on 2 March 2023, Norfolk Southern is required to "undertake projects to enhance the safety of transporting hazardous materials by rail." These initiatives will involve the installation of additional devices to detect overheated wheel bearings early enough to prevent incidents like the East Palestine derailment.
Norfolk Southern has yet to reply to CNN's inquiry for comment on 2 March 2023.
In addition to the federal civil lawsuit, Norfolk Southern has struck a preliminary $600 million settlement deal that would resolve all claims covering thousands of locals residing within a 20-mile radius of the derailment location.
This arrangement, which needs final court approval, would also address personal harm claims within a 10-mile radius of the derailment, Norfolk Southern revealed last month.
Norfolk Southern said compensation "will be available through the settlement for individuals and businesses to address any potential impacts from the derailment." This could include healthcare expenses, medical monitoring, property remediation, and business loss compensation.
Nonetheless, the settlement does not "constitute any admission of liability, wrongdoing, or liability," Norfolk Southern asserted.
This week, a judge granted preliminary approval for the settlement agreement. In the near future, lawyers representing the plaintiffs will meet with residents to respond to questions regarding the settlement and how residents can file claims for compensation.
Residents and businesses within a 20-mile radius of the derailment should anticipate interaction from Kroll Settlement Administration, the third-party organization responsible for executing the payments. Residents and businesses interested in filing a claim must do so by 22 August.
A hearing for the settlement's final approval has been scheduled for 25 September.
This story is evolving and will be updated.
Contributors: David Goldman, Ella Nilsen, Alisha Ebrahimji, and Andi Babineau
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In the context of the settlement, Norfolk Southern will need to allocate resources towards implementing safety enhancements for rail transportation within the United States. After the derailment Incident, some East Palestine residents have reported experiencing various health issues, which they believe are related to the toxic spill.
Source: edition.cnn.com
