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DOJ sues Norfolk Southern, calling for fines of $120K per day of Clean Water Act violations tied to East Palestine derailment

A dark plume of smoke rises from a train derailment in East Palestine, Ohio, that leaked toxic chemicals.
A dark plume of smoke rises from a train derailment in East Palestine, Ohio, that leaked toxic chemicals last month. AP

  • The Department of Justice and Environmental Protection Agency filed a lawsuit against Norfolk Southern on Thursday.
  • The DOJ said the company violated the Clean Water Act, and are liable to daily fines of about $120,000.
  • The rail company is already facing lawsuits from East Palestine residents and the state of Ohio.
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The Justice Department and Environmental Protection Agency filed a lawsuit against Norfolk Southern, calling for fines of $120,000 for each day the rail company violated the Clean Water Act in connection to last month's train derailment in East Palestine, Ohio.

In the suit filed Thursday, the DOJ said Norfolk Southern should be found liable for the costs of the EPA's cleanup, as well as damages caused by hazardous materials spilling into waterways and burning for days, releasing dangerous chemicals into the air and water. 

The DOJ also called on the company to update its safety measures to ensure hazardous materials are transported safely going forward.

"With this complaint, the Justice Department and the EPA are acting to pursue justice for the residents of East Palestine and ensure that Norfolk Southern carries the financial burden for the harm it has caused and continues to inflict on the community," US Attorney General Merrick Garland said in a statement.

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A Norfolk Southern spokesperson told Insider the company is working closely with authorities and "making daily progress" in an effort to "make it right." 

"Our job right now is to make progress every day cleaning up the site, assisting residents whose lives were impacted by the derailment, and investing in the future of East Palestine and the surrounding areas," the spoikesperson said.

The spokesperson also directed Insider to company websites detailing the progress of the cleanup, including its pledge of $28 million for the East Palestine community in the aftermath of the accident.

The DOJ called for the company to be fined $64,618 per day because one section of the act was violated, and another $55,808 per day (or $2,232 per barrel of oil or unit of hazardous material) for violations of a separate section. It is not yet determined how many days Norfolk Southern is liable for and if the government considers the violations to be ongoing. 

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Norfolk Southern also faces lawsuits from residents who were affected by the evacuation and the state of Ohio, as Attorney General Dave Yost announced a lawsuit last month accusing the company of violating state laws regarding hazardous waste and pollution.

"No community should have to go through what East Palestine residents have faced," EPA Administrator Michael S. Regan said in a statement. "With today's action, we are once more delivering on our commitment to ensure Norfolk Southern cleans up the mess they made and pays for the damage they have inflicted as we work to ensure this community can feel safe at home again."

Department of Justice lawsuit
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