FOLLOW US

Hundreds of residents from Ohio and Pennsylvania have launched a legal battle against Norfolk Southern and several government agencies, accusing them of minimizing the long-term damage from the catastrophic train derailment on Feb. 3, 2023. The lawsuit, filed as the two-year mark approaches, highlights ongoing concerns over health and environmental consequences stemming from the disaster.

Plaintiffs Demand Accountability

Lead plaintiff Josh Hickman, alongside 743 other current and former residents near East Palestine, Ohio, has taken Norfolk Southern, the U.S. Environmental Protection Agency, the U.S. Centers for Disease Control and Prevention, and others to court. The lawsuit, filed in Ohio's Franklin County Court of Common Pleas, alleges that these entities have “attempted to evade a generation of environmental and health consequences” in the wake of the derailment and subsequent chemical release.

"Norfolk Southern caused this catastrophe for our family and so many others," Hickman said in a statement Monday. "We demand to know what truly happened—and to understand all of the consequences for us and our community. Taxpayers and our families should not be forced to pay the real costs of this disaster and for the health and environmental consequences."

Ongoing Fallout from the Train Derailment

Described in the complaint as "the nightmare that never stops," the derailment in East Palestine led to the controlled release of hazardous vinyl chloride from multiple train cars. The lawsuit claims this release significantly contaminated the surrounding area. The plaintiffs argue that Norfolk Southern and the more than 50 other named defendants either failed to prevent the disaster, were negligent in their response, or both.

The suit also names the Village of East Palestine and various state and local government entities in Ohio and Pennsylvania. Additionally, corporate defendants, including GATX Corp. and OxyVinyls LP, have been embroiled in litigation with Norfolk Southern since the derailment.

Norfolk Southern has already faced multiple lawsuits following the incident, including a $600 million class-action settlement with affected residents and a $22 million agreement with East Palestine. However, Hickman and his fellow plaintiffs stress that their lawsuit does not conflict with or appeal any ongoing litigation.

Attorneys Push for Transparency

Kristina Baehr, counsel for the plaintiffs, emphasized in a statement Monday that her clients deserve full transparency regarding Norfolk Southern’s response to the derailment.

"It is wrong for Norfolk Southern to have led the testing and cleanup efforts. That’s like allowing a criminal to collect DNA and fingerprints at his own crime scene," Baehr said. "There has been no real accountability in the last two years. Without accountability and real consequences, this will happen again. And so our clients take a stand not just for their own families, but for all of us."

Legal Claims and Industry Response

The lawsuit asserts multiple claims, including negligence, nuisance, strict liability, trespass, loss of consortium, wrongful death, survivorship, civil conspiracy, and punitive damages.

Norfolk Southern, East Palestine officials, and the EPA declined to comment on the suit. Most other defendants have yet to respond.

The plaintiffs are represented by Jedidiah I. Bressman and David A. Bressman of Bressman Law, Don C. Keenan and Mindy S. Bish of The Keenan Law Firm, and Kristina S. Baehr of Just Well Law PLLC.

Legal counsel for the defendants was not immediately available.