Ohio: East Palestine Train Derailment, Risk of Explosion

[steeltowngirl]

Norfolk Southern agrees to pay $600 million for East Palestine, Ohio, train derailment

Norfolk Southern has agreed to pay $600 million in a class-action lawsuit settlement related to last year's fiery train derailment that affected East Palestine, Ohio.

www.cbsnews.com

 

[Betty P]

Norfolk Southern agrees to pay $600 million for East Palestine, Ohio, train derailment

Norfolk Southern has agreed to pay $600 million in a class-action lawsuit settlement related to last year's fiery train derailment that affected East Palestine, Ohio.

www.cbsnews.com

It’s interesting. The NTSB hasn’t released their report yet on the cause of the derailment and the subsequent damage resulting from the dumb incorrect decision to explode the derailed cars of hazmat.

NS may be trying to get ahead of some bad news. This was a colossal disaster that was 100% preventable. JMO. The state of Ohio may be on the hook for some damages, too.

 

[ifindedout]

United States Reaches Over $310 Million Settlement with Norfolk Southern to Address Harms Caused by East Palestine Train Derailment

The Justice Department and Environmental Protection Agency (EPA) announced a settlement valued at over $310 million with Norfolk Southern Railway Company holding the company accountable to address and pay for the damage caused by the Feb. 3, 2023, train derailment in East Palestine, Ohio. If the...

www.justice.gov

Settlement Requires Norfolk Southern to Pay for Past and Future Cleanup Costs, Enhanced Rail Safety, Civil Penalty and Health Monitoring, Among Other Provisions

Today, the Justice Department and Environmental Protection Agency (EPA) announced a settlement valued at over $310 million with Norfolk Southern Railway Company holding the company accountable to address and pay for the damage caused by the Feb. 3, 2023, train derailment in East Palestine, Ohio. If the settlement is approved by the U.S. District Court for the Northern District of Ohio, Norfolk Southern will be required to take measures to improve rail safety, pay for health monitoring and mental health services for the surrounding communities, fund long-term environmental monitoring, pay a $15 million civil penalty and take other actions to protect nearby waterways and drinking water resources.

Together with other response costs and rail safety enhancements, Norfolk Southern estimates that it will spend more than $1 billion to address the contamination and other harms caused by the East Palestine derailment and improve rail safety and operations.

[case background SBM]

Today’s settlement follows a complaint filed by the United States against Norfolk Southern in March 2023 for unlawful discharges of pollutants and hazardous substances caused by the train derailment. In February 2023, EPA issued a unilateral administrative order, holding Norfolk Southern accountable for the damage done to the community. The order required cleanup of spilled substances and impacted soils, as well as payment of all costs to the U.S. government. EPA also issued an order under the Clean Water Act to clean up oil spilled into the surrounding waterways. Since then, EPA has been directing and overseeing the extensive cleanup activities.

In total, Norfolk Southern estimates that it will spend more than $1 billion to address the contamination caused by the East Palestine derailment and improve rail safety and operations. The amount includes this settlement with the United States valued at over $310 million, as well as around $780 million in environmental response costs incurred by Norfolk Southern. Norfolk Southern has estimated its costs since the derailment will exceed $200 million in rail safety enhancements, including those required by this settlement.

To help ensure that no community goes through what East Palestine residents have faced, the settlement also requires Norfolk Southern to improve coordination with government officials and other stakeholders during emergency responses. Specifically, Norfolk Southern will create and adopt a procedure for coordinating with first responders and government officials, where appropriate, before restoring and reopening tracks for use after a derailment involving spilled hazardous material. Norfolk Southern will also create and adopt a procedure for coordinating with government officials and other stakeholders in advance of any vent and burn proposed by the company.

Under the settlement, Norfolk Southern has agreed to:

• Spend an estimated $235 million for all past and future cleanup costs, so that cleanup efforts can continue and the company, rather than taxpayers, covers the cost.
• Pay $25 million for a 20-year community health program that includes medical monitoring for qualified individuals, mental health services for individuals residing in affected counties as well as first responders who worked at the site and a community facilitation plan to assist community members in using the benefits of the program.
• Spend approximately $15 million to implement long-term monitoring of groundwater and surface water for a period of 10 years.
• Pay $15 million for a private drinking water monitoring fund that will continue the existing private drinking water well monitoring program for 10 years.
• Implement a “waterways remediation plan,” with an estimated budget of $6 million, for projects in Leslie Run and Sulphur Run that will prioritize addressing historical pollution, reducing non-point source pollution through infrastructure upgrades and stormwater management projects and restoring aquatic and riparian habitat.
• Pay a $15 million civil penalty to resolve the alleged violations of the Clean Water Act
• Pay $175,000 for natural resource damages, to be used by the United States to restore, rehabilitate, replace or acquire the equivalent of the natural resources injured as a result of the derailment.

In addition, the consent decree requires Norfolk Southern to undertake projects to improve the safety of transporting hazardous materials by rail, which will include installation of additional devices to detect overheated wheel bearings early enough to prevent derailments like the one that happened in East Palestine. All told, Norfolk Southern has estimated its costs dating from the derailment will exceed $200 million in rail safety enhancements.

The proposed settlement was lodged in the U.S. District Court for the Northern District of Ohio by the Environmental Enforcement Section of the Justice Department’s Environment and Natural Resources Division and the U.S. Attorney’s Office for the Northern District of Ohio. It is subject to a minimum 30-day public comment period and final court approval. The details of today’s settlement are available on the Justice Department’s website at www.justice.gov/enrd/consent-decrees.

 

[steeltowngirl]

Settlement Requires Norfolk Southern to Pay for Past and Future Cleanup Costs, Enhanced Rail Safety, Civil Penalty and Health Monitoring, Among Other Provisions

Today, the Justice Department and Environmental Protection Agency (EPA) announced a settlement valued at over $310 million with Norfolk Southern Railway Company holding the company accountable to address and pay for the damage caused by the Feb. 3, 2023, train derailment in East Palestine, Ohio. If the settlement is approved by the U.S. District Court for the Northern District of Ohio, Norfolk Southern will be required to take measures to improve rail safety, pay for health monitoring and mental health services for the surrounding communities, fund long-term environmental monitoring, pay a $15 million civil penalty and take other actions to protect nearby waterways and drinking water resources.

Together with other response costs and rail safety enhancements, Norfolk Southern estimates that it will spend more than $1 billion to address the contamination and other harms caused by the East Palestine derailment and improve rail safety and operations.

[case background SBM]

Today’s settlement follows a complaint filed by the United States against Norfolk Southern in March 2023 for unlawful discharges of pollutants and hazardous substances caused by the train derailment. In February 2023, EPA issued a unilateral administrative order, holding Norfolk Southern accountable for the damage done to the community. The order required cleanup of spilled substances and impacted soils, as well as payment of all costs to the U.S. government. EPA also issued an order under the Clean Water Act to clean up oil spilled into the surrounding waterways. Since then, EPA has been directing and overseeing the extensive cleanup activities.

In total, Norfolk Southern estimates that it will spend more than $1 billion to address the contamination caused by the East Palestine derailment and improve rail safety and operations. The amount includes this settlement with the United States valued at over $310 million, as well as around $780 million in environmental response costs incurred by Norfolk Southern. Norfolk Southern has estimated its costs since the derailment will exceed $200 million in rail safety enhancements, including those required by this settlement.

To help ensure that no community goes through what East Palestine residents have faced, the settlement also requires Norfolk Southern to improve coordination with government officials and other stakeholders during emergency responses. Specifically, Norfolk Southern will create and adopt a procedure for coordinating with first responders and government officials, where appropriate, before restoring and reopening tracks for use after a derailment involving spilled hazardous material. Norfolk Southern will also create and adopt a procedure for coordinating with government officials and other stakeholders in advance of any vent and burn proposed by the company.

Under the settlement, Norfolk Southern has agreed to:

• Spend an estimated $235 million for all past and future cleanup costs, so that cleanup efforts can continue and the company, rather than taxpayers, covers the cost.
• Pay $25 million for a 20-year community health program that includes medical monitoring for qualified individuals, mental health services for individuals residing in affected counties as well as first responders who worked at the site and a community facilitation plan to assist community members in using the benefits of the program.
• Spend approximately $15 million to implement long-term monitoring of groundwater and surface water for a period of 10 years.
• Pay $15 million for a private drinking water monitoring fund that will continue the existing private drinking water well monitoring program for 10 years.
• Implement a “waterways remediation plan,” with an estimated budget of $6 million, for projects in Leslie Run and Sulphur Run that will prioritize addressing historical pollution, reducing non-point source pollution through infrastructure upgrades and stormwater management projects and restoring aquatic and riparian habitat.
• Pay a $15 million civil penalty to resolve the alleged violations of the Clean Water Act
• Pay $175,000 for natural resource damages, to be used by the United States to restore, rehabilitate, replace or acquire the equivalent of the natural resources injured as a result of the derailment.

In addition, the consent decree requires Norfolk Southern to undertake projects to improve the safety of transporting hazardous materials by rail, which will include installation of additional devices to detect overheated wheel bearings early enough to prevent derailments like the one that happened in East Palestine. All told, Norfolk Southern has estimated its costs dating from the derailment will exceed $200 million in rail safety enhancements.

The proposed settlement was lodged in the U.S. District Court for the Northern District of Ohio by the Environmental Enforcement Section of the Justice Department’s Environment and Natural Resources Division and the U.S. Attorney’s Office for the Northern District of Ohio. It is subject to a minimum 30-day public comment period and final court approval. The details of today’s settlement are available on the Justice Department’s website at www.justice.gov/enrd/consent-decrees.

Monumental settlement! Railroads are usually the 800 pound gorilla. Good to see the Justice Department stepped in to remedy.

 

[Cool Cats]

Monumental settlement! Railroads are usually the 800 pound gorilla. Good to see the Justice Department stepped in to remedy.

What about the individuals who suffered damages to health and property, etc...

 

[steeltowngirl]

What about the individuals who suffered damages to health and property, etc...

Some of the settlement is directed towards community health.
Pay $25 million for a 20-year community health program that includes medical monitoring for qualified individuals, mental health services for individuals residing in affected counties as well as first responders who worked at the site and a community facilitation plan to assist community members in using the benefits of the program.

CDC has also set up services.
East Palestine Train Derailment

CDC and ATSDR continue to aid state and federal partners on emergency response, emergency management, and assessing the health impact of chemicals from the train derailment in East Palestine, Ohio

East Palestine Train Derailment

www.atsdr.cdc.gov

 

[Betty P]

Some of the settlement is directed towards community health.
Pay $25 million for a 20-year community health program that includes medical monitoring for qualified individuals, mental health services for individuals residing in affected counties as well as first responders who worked at the site and a community facilitation plan to assist community members in using the benefits of the program.

CDC has also set up services.
East Palestine Train Derailment

CDC and ATSDR continue to aid state and federal partners on emergency response, emergency management, and assessing the health impact of chemicals from the train derailment in East Palestine, Ohio

East Palestine Train Derailment

www.atsdr.cdc.gov

That's a pittance. Community health programs aren't equipped nor sufficient to handle the severe illnesses that result from extended exposure to these toxic chemicals. I'm assuming the victims will still be able to sue for damages to their health and well being.

The settlement also includes the amount of money NS has already spent on clean up efforts, something it was already legally obligated to do anyway. Cost of doing business, etc.

The state of Ohio should bear some responsibility, too. Gov. DeWine's horrific, disastrous and inappropriate decision to blow up the cars burning with toxic chemicals caused long term damage to the environment and the people, livestock, etc. nearby. Shocking.

I'm disappointed in this settlement, but will wait to see what Sen. Sherrod Brown thinks of it.

 

[Cool Cats]

Some of the settlement is directed towards community health.
Pay $25 million for a 20-year community health program that includes medical monitoring for qualified individuals, mental health services for individuals residing in affected counties as well as first responders who worked at the site and a community facilitation plan to assist community members in using the benefits of the program.

CDC has also set up services.
East Palestine Train Derailment

CDC and ATSDR continue to aid state and federal partners on emergency response, emergency management, and assessing the health impact of chemicals from the train derailment in East Palestine, Ohio

East Palestine Train Derailment

www.atsdr.cdc.gov

Sad. No personal compensation.

 

[sds71]

Toxic garlic grown in East Palestine, Ohio, is prompting renewed concerns about the safety of the area and risks to the residents who still call it home more than a year after a toxic train derailment wreaked havoc on their lives.

The nonprofit Government Accountability Project filed a petition with the Environmental Protection Agency, calling on it to conduct additional soil studies near the derailment site.

Scott Smith, CEO of US BioSolutions, said that the EPA has not conducted tests in "hot zones" in East Palestine. He said by not testing in these areas, the EPA can claim that its testing does not reveal concerning chemicals in the air and soil near the derailment.

Toxic chemicals discovered in the ground near Ohio derailment site concern residents

Despite the EPA's instance that it is safe to garden, tests near last year's East Palestine, Ohio, derailment show high levels of toxins in the soil.

www.wmar2news.com