A new lawsuit by the U.S. Department of Justice (DOJ) has alleged that the Norfolk Southern Railway Company violated the Clean Water Act with a “catastrophic” accident in East Palestine, Ohio, on June 6, 2019, that spilled tens of thousands of gallons of fuel into the Mahoning River.
The railway company is accused of failing to maintain the rail line and failing to diminish the effects of the spill, which has caused severe damage to the Mahoning River and neighboring areas. The lawsuit was filed on October 15, 2020 in the U.S. District Court for the Northern District of Ohio.
The accident occurred when an eastbound train derailed in a curve 0.78 miles east of the East Palestine depot. The damaged rail cars contained ethyl alcohol and diesel fuel, causing a major spill of hazardous materials into the Mahoning River. By the time the spill was contained 10 days later, more than 20,000 gallons of ethyl alcohol and 1,470 gallons of diesel fuel had spilled into the river.
The official complaint alleges that the company should have known that the rail conditions were hazardous and that the risk of a derailment was high. The DOJ alleges that the company failed to take sufficient measures to prevent the spill, and when the spill did occur, took inadequate action to respond and mitigate its effects.
These alleged violations of the Clean Water Act carry a maximum penalty of $64,184 per day for each violation. The DOJ also seeks compensation for restoration costs associated with the spill.
The case has been assigned to Judge Christopher Boyko at the U.S. District Court for the Northern District of Ohio. Judge Boyko will decide a final penalty amount, if any, which is determined by the severity of the spill, the corresponding financial gain of the company, and the cost and extent of the clean-up measures taken after the spill.
The effects on the Mahoning River ecosystem from the spill have not been fully assessed. Local wildlife assessors have reported a decrease in the fish population and a decrease in the water quality.
The public can expect this case to move forward in the coming weeks and months. In the meantime, the DOJ is committed to ensuring that all responsible parties are held responsible for their actions in this incident. It is unclear how much Norfolk Southern could be liable for, but the court will ultimately decide the penalty amount.
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