This photo taken with a drone shows portions of a Norfolk and Southern freight train that derailed Friday night in East Palestine, Ohio are still on fire at mid-day Saturday, Feb. 4, 2023. (AP Photo/Gene J. Puskar)

YOUNGSTOWN, Ohio – On behalf of the state, Ohio Attorney General Dave Yost filed a 58-count federal lawsuit against Norfolk Southern to hold it financially responsible for the train derailment disaster in East Palestine that resulted in toxic chemicals released into the environment.

The lawsuit, filed Tuesday in U.S. District Court of the Northern District of Ohio, contends Norfolk Southern violated numerous state and federal environmental laws in addition to common law negligence, common law public nuisance and common law trespass.

Those common law counts relate to defects in the train and the train operation as well as the release of toxic chemicals into the air, water and public land and that the railroad company contaminated natural resources.

Yost said he was “concerned” Norfolk Southern “is maybe putting profits for their own company above the health and safety of the cities and communities that they operate in.”

He added: “The fallout from this highly preventable accident may continue for years to come and there’s still so much we don’t know about the long-term effects on our air, water and soil.”

The derailment and a subsequent controlled explosion of five cars resulted in toxic chemicals going into the environment. Federal and state environmental officials say the air and drinking water in East Palestine are safe. Some nearby streams were contaminated and a number of people have complained about rashes, headaches and other medical ailments.

Yost pointed to Norfolk Southern’s accident rate, which has risen 80% over the past 10 years and includes 20 derailments since 2015 with chemical spills.

Yost said while he was in East Palestine a few weeks ago he heard from rail employees who developed sore throats and other irritations and that he “experienced some discomfort” after just a few minutes in the village administration building.

The lawsuit seeks “injunctive relief, civil penalties, damages, court costs and maybe more importantly, a declaratory judgment that Norfolk Southern is responsible” for the incident as well as “payment of damages under the common law for our natural resources, property damage and economic harm to the state and to its residents,” Yost said.

When asked how much the damages were from the derailment, Yost said: “Lots, maybe lots and lots. We don’t really know that.”

He also said, “Let’s not underestimate this. This was an epic disaster and the cleanup is going to be expensive and it’s going to take some significant dollars to put the people of East Palestine back as close as possible to the position they were before Feb. 3.”

Norfolk Southern has promised to make the situation right and the lawsuit will ensure that, he said.

Yost met Monday with Norfolk Southern officials and the company “recognizes they caused problems in East Palestine. They harmed the community and its people as well as the state of Ohio and they have expressed privately as well as publicly repeatedly that they want to do the right thing.”

NORFOLK SOUTHERN RESPONSE

In response to the lawsuit, Norfolk Southern wrote: “Every day since the derailment, our goal has been to make it right for the people of East Palestine and the surrounding communities. We are making progress every day cleaning the site safely and thoroughly, providing financial assistance to residents and businesses that have been affected and investing to help East Palestine and the community around it thrive.”

It added: “We are also listening to concerns from the community about whether there could be long-term impacts from the derailment. This week, we met with Ohio Attorney General Dave Yost to discuss three additional programs we plan to develop in conjunction with his office and other community leaders and stakeholders.”

That includes “a solution that addresses long-term health risks through the creation of a long-term medical compensation fund,” according to the company’s statement.

Also, Norfolk Southern stated it is “working with the community to provide tailored protection for home sellers if their property loses value due to the impact of the derailment” and working on a plan to protect drinking water over the long-term.

Yost said he was interested in the Norfolk Southern proposals.

The federal lawsuit accuses the rail company of violating the federal Comprehensive Environmental Response, Compensation and Liability Act as well as the state’s hazardous waste, water pollution, solid waste and air pollution control laws.