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Justice Department, EPA announce $310M settlement with Norfolk Southern in derailment

Railroad also will be responsible for future cleanup costs associated with the 2023 East Palestine derailment.

Secretary of Transportation Pete Buttigieg visited East Palestine, Ohio, on February 23, 2023, following the Norfolk Southern train derailment. File Photo courtesy of Pete Buttigieg/Instagram
1 of 3 | Secretary of Transportation Pete Buttigieg visited East Palestine, Ohio, on February 23, 2023, following the Norfolk Southern train derailment. File Photo courtesy of Pete Buttigieg/Instagram

May 23 (UPI) -- The Justice Department and Environmental Protection Agency reached a $310 million settlement with Norfolk Southern over the East Palestine, Ohio, train derailmen on Feb. 3, 2023, officials said Thursday.

Along with a $15 million civil penalty, the settlement will require Norfolk Southern to pay for past and future cleanup costs, enhanced rail safety and health monitoring. The settlement still has to be approved by the U.S. District Court for the Northern District of Ohio.

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The 2023 derailment of cars containing vinyl chloride, which had to be burned to mitigate explosion risk, forced many in East Palestine to evacuate. The burning generated poisonous gases, and many residents remain concerned about long-term health effects.

"No community should have to experience the trauma inflicted upon the residents of East Palestine," EPA Administrator Michael S. Regan said in a statement. "That's why President Biden pledged from the beginning that his administration would stand with the community every step of the way.

"Today's enforcement action delivers on this commitment, ensures the cleanup is paid for by the company and helps prevent another disaster like this from happening again."

The Justice Department said that Norfolk Southern estimates it will spend more than $1 billion on contamination cleanup and mitigating other potential harms along with proving rail safety and operations.

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"Importantly, those who will most directly benefit from this settlement are those who were most directly affected by the disaster," Acting Associate Attorney General Benjamin C. Mizer said. "And the rail safety commitments will help prevent future catastrophic railway events."

The EPA continues to collect air, water and soil samples from the East Palestine area and participate in community meetings. The Justice Department said it is part of an ongoing effort with the Transportation Department, Federal Emergency Management Agency, and the Department of Health and Human Services.

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