Toxic Tort: Norfolk Southern/East Palestine Train Derailment

At approximately 8:55 p.m. on February 3, 2023, a Norfolk Southern train traveling from Madison, Illinois to Conway, Pennsylvania, derailed in East Palestine, Ohio. Multiple cars overturned and spilled their contents onto the tracks. 20 of the cars on the train were carrying a variety of hazardous materials, including vinyl chloride, butyl acryate, 2-ethylhexyl acrylate, benzene residue, and other combustible chemicals. In total, 51 train cars derailed, dumping 100,000 gallons of hazardous materials. The derailment caused multiple explosions and fires that burned for several days, resulting in significant damage to the train tracks and surrounding infrastructure.

Due to the hazardous materials involved in the East Palestine train derailment, dozens of emergency agencies from Ohio, West Virginia, and Pennsylvania responded to the scene, and a state of emergency was declaired. The EPA began to monitor air quality.

What was the immediate impact of the Norfolk Southern train derailment on East Palestine?

The train derailment had an immediate, profound impact on the local community, including:

• Evacuations and road closures—By February 6, all residents within a one-by-two area were evacuated.
• Destruction and damage—The derailment caused the destruction of several buildings and damage to nearby homes and businesses.
• Air quality—The explosions and fire caused immediate air quality concerns. In an effort to prevent additional explosions, the East Palestine fire chief, in consultation with the EPA, directed Norfolk Southern emergency crews to conduct a controlled release and burn of five tanks of vinyl chloride into the air. Black clouds of smoke that contained phosgene and hydrogen chloride spread across several counties. It should be noted that in February 2024, the Chair of the National Transportatiion Safety Board testified that the controlled release and burn was unnecessary.

What has been the long-term impact of the train derailment?

• Long-lasting air quality concerns—The chemicals spilled during the derailment, and those released into the air, can potentially have a serious, detrimental impact on those exposed. Although officials have stated that no harmful chemicals have been detected in the air, residents have complained of lingering health effects.
• Water quality concerns—Rivers and streams throughout the area were contaminated, with potentially profound effects on local wildlife. The Director of the Ohio Department of Natural Resources stated that as many as 43,000 fish, amphibians, and crustaceans may have been killed due to the derailment.
• Continued clean-up efforts—Norfolk Southern has removed more than 167,000 tons of contaminated soil and 39 million gallons of contaminated water from the site of the derailment. Additional clean-up is ongoing.

Have any lawsuits been filed?

As of this February, three class action lawsuits have been filed against Norfolk Southern Railway, and the Ohio Attorney General has filed a 58-count civil lawsuit against Norfolk Southern.

Norfolk Southern has donated and/or pledged millions of dollars to various area organizations, homeowners, businesses, and emergency response companies, along with continuing clean-up efforts. Norfolk Southern’s total costs for the derailment will reach more than $1 billion.