AKRON, Ohio — Norfolk Southern is suing chemical manufacturers and a group of railcar leasing firms over the East Palestine, Ohio, derailment and toxic-chemical release, saying those companies must share in the cleanup costs from the Feb. 3 incident.
Reuters reports the railroad contends the companies are liable for a share of the costs under the federal Comprehensive Environmental Response, Compensation, and Liability Act, also known as the Superfund Law.
Among the companies being sued are OxyVinyls, manufacturers of the vinyl chloride that was vented and burned at East Palestine — a decision that remains a key point of contention [see “NTSB East Palestine hearing centers on decision to vent and burn …,” Trains News Wire, June 23, 2023]. Others listed as defendants are GATX Corp. and a subsidiary, General American Marks Co.; Trinity Industries Leasing Co.; SMBC Rail Services, another car leasing firm; Union Tank Car Co; and Dow Chemical Co.
Norfolk Southern’s filing on Friday with the U.S. District Court for the Northern District of Ohio says that the suit “does not change” the railroad’s commitment to make things right in East Palestine, but “rather seeks to ensure that others responsible for the safe transport of their railcars and their chemicals contribute to the effort.” The suit contends a bearing failure that caused the derailment was on a car owned by General American Marks Co., and that the chemicals were released from cars owned or operated by the other defendants.
It says the railroad seeks compensation for paying more than its fair share of costs resulting from the derailment, and damages from the other parties for failing to follow rules and regulations regarding certification of hazardous-material tank cars, failed to provide accurate hazardous communication, and/or failed to properly maintain railcars and equipment.
The suit specifically claims that the hopper car that caused the derailment was improperly maintained. It also claims there were issues with all five of the cars carrying vinyl chloride — that there were differences between the information on their certificates of construction and their actual characteristics, and that one, owned by GATX, had never been approved by the Federal Railroad Administration for vinyl chloride service.
A GATX representative told Reuters on Monday that the claims were “baseless.”
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