Ohio AG sues Norfolk Southern over train derailment, chemical release

The Ohio Attorney General s office filed a complaint against Norfolk Southern Railway in federal court on Tuesday, alleging that the company was negligent for the train derailment and toxic chemical releases last month in East Palestine, Ohio, and violated hazardous waste and water quality laws.

The lawsuit, which addresses alleged damages to the state, economy and natural resources, adds to the railway's legal woes after the train derailment and subsequent release of toxic chemicals, which the complaint says included more than 1 million gallons of hazardous materials.

The lawsuit increases the pressure on Norfolk Southern and could be a legal route to address long-lasting impacts from spilled and burned chemicals in East Palestine. The suit asks the court to require the company pay for environmental monitoring and reimburse the state for costs associated with its response and for remediation, among other concerns.

David Yost, Ohio s attorney general, said in a news conference that the fallout of this highly preventable accident is going to reverberate for many years in Ohio and Ohioans. The company has said they want to make it right. Our lawsuit is designed to make sure they keep their promise. In a statement sent to NBC News, Norfolk Southern said that it was listening closely to concerns from the community about whether there could be long-term impacts from the derailment and that company representatives recently met with Yost to discuss additional programs that the railway may offer to residents.

The statement said the company was interested in developing programs to protect drinking water, to create a long-term medical compensation fund and to provide tailored protection for home sellers if their property loses value due to the impact of the derailment. The statement said that we look forward to working toward a final resolution with Attorney General Yost and others as we coordinate with his office, community leaders, and other stakeholders to finalize the details of these programs.

Private citizens have filed a number of lawsuits. Yost said that the lawsuit will run parallel to those complaints.

Individual people with individual damages are represented in private lawsuits. Yost said that our lawsuit seeks damages to the state of Ohio, its environment, and its economy, as well as the broader damage to the people. They are talking about different consequences of the same facts. Yost said that the state believes that the derailment could have been prevented and that it is concerned about Norfolk's broader safety record in recent years.

This derailment was completely avoidable. Yost said that Norfolk and Southern may be putting their profits above the health and safety of the cities and communities they operate in.

Norfolk Southern didn't respond to a request for comment on the lawsuit.