A new lawsuit has emerged, marking the first time that individuals have asserted that fatalities occurred as a result of the catastrophic train derailment in East Palestine in 2023. This legal action coincides with the second anniversary of the toxic incident that took place near the Ohio-Pennsylvania border, as a wave of new lawsuits continues to unfold.
On the same day, Vice President JD Vance is scheduled to visit the small community close to where the derailment happened, a place he once represented as a senator. He will be joined by Lee Zeldin, the recently appointed head of the Environmental Protection Agency under President Donald Trump.
The lawsuit, which will be publicly disclosed later today, brings forth the first seven wrongful death claims against Norfolk Southern railroad. Among these claims is the tragic loss of a one-week-old infant. The lawsuit contends that the railroad and associated contractors mishandled the cleanup process, alleging that both the EPA and the Centers for Disease Control and Prevention (CDC) endorsed the cleanup without appropriately warning the public about potential health dangers. Many of the other claimants have reported ongoing, unexplained health issues, raising alarms about the risk of more severe conditions developing.
“Our clients seek the truth and desire transparency,” stated attorney Kristina Baehr, who advocates for approximately 750 clients. “They yearn for clarity regarding what they have been exposed to, which has been kept from them. They want answers about what transpired and why, and they are calling for accountability.”
While the lawsuit references some ongoing health ramifications faced by families, it omits specifics regarding the fatalities.
In the last week alone, at least nine additional lawsuits have been filed by individuals and businesses alleging that the irresponsibility of the railroad led to the derailment. They argue that the $600 million class-action settlement does not provide adequate compensation nor sufficiently penalizes the railroad to prevent future incidents. This settlement sum represents a mere fraction of the railroad company’s revenue of $12.1 billion for each of the past two years.
The train disaster occurred on February 3, 2023, when a bearing overheated and caused multiple rail cars to derail. Several cars carrying hazardous materials ruptured and ignited. The situation deteriorated further three days later when officials exploded five tank cars loaded with vinyl chloride, fearing an explosion. This action created thick black smoke that billowed over the town and surrounding area, exacerbating the disaster.
Investigators from the National Transportation Safety Board concluded that the decision to vent and burn the chemicals was unnecessary, as there were indications that the tank cars were cooling and posed little risk of explosion. Officials involved in the decision to release the vinyl chloride maintain they were not aware of any signs suggesting the tank cars were safe.
“The EPA had guidelines but chose to disregard them. Their focus seemed to be on restoring train operations rather than safeguarding the residents,” Baehr explained.
As of now, officials have not responded to inquiries about the new lawsuit or the federal claims filed against the EPA and CDC. In previous statements, the EPA has defended its actions during the venting and burning process, stating they were merely present to advise on potential outcomes and to monitor contamination levels.
Baehr drew parallels between the EPA’s response to this incident and approaches taken in other environmental catastrophes she has dealt with, such as the Navy’s jet fuel leak in Hawaii. She highlighted a tendency among agencies to minimize the health risks involved. Local residents have voiced their displeasure over the data shared by the EPA and their ongoing frustrations with the withholding of information from class-action lawyers regarding investigative findings.
A spokesperson from Norfolk Southern railroad declined to comment on the ongoing legal matters. The railroad company has previously agreed to a $600 million class-action settlement for residents who lived or worked within a 20-mile radius of the derailment, in addition to another settlement with the federal government to cover cleanup costs and medical examinations without admitting any fault.
While some affected residents have begun receiving compensation for personal injuries as part of the class-action settlement, nearly half of the allocated funds remain in limbo due to ongoing appeals by certain residents who seek greater compensation and more comprehensive information about the contamination.
Consequently, substantial payments—up to $70,000 per household—will not be distributed until the appeals process concludes.
The nine new lawsuits also include claims from a pipe manufacturer, dog kennels, and a winery, all alleging various harms to their businesses ranging from staffing struggles to closures or relocations due to consumer worries. One business located approximately a quarter-mile from the derailment claimed that cleanup efforts resulted in smoke, debris, and odors affecting their property, while a neighboring dog breeder attributed the deaths of over 100 puppies and three adult dogs to the toxic substances.
