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.”
Next time I miss the nail and hit my finger with a hammer, I will surely sue the hammer’s manufacturer.
The lawyers and law firms handling this case and cases are going to have a nice payday and certainly have a gold mine when all this is finally settled which could take years. The real winners are the lawyers and law firms who have to get paid regardless of how this turns out. This is where the real money to be made today is in. Be a lawyer and your fortune is made for life. Even the people and staff who work for a law firm are going to do very nicely with great and fat paychecks.
Joseph C. Markfelder
Not uncommon to have the owner of the car with the failed component which causes the derailment held accountable but the others is a bit of a stretch, casting a wide net to see what they can catch.
But if only the hot box detectors had been working and reliable.
A lot of lawyers are going to make a lot of money off this one.
Read my comment below. The detectors functioned as designed.
The incorrectly wired hot box detector is a very big strike against NS. Am sure NS lawyers will try to keep that out of court proceedings but ————??
GATEX car not approved for vinal chloride? GATEX better hope for just lost paper work other wise a fine for each time it did carry VC. Improperly maintained car causing derailment? How many miles without bearing being replaced or major overhaul? Original bearing or rebuilt one switched / added later?
Certificates of construction? Maybe minor or could be major. The various paper work tails are going to be a major factor of who, what, where, how, & why.
How true
“Incorrectly wired”? Where are you getting that???? The detectors worked as designed; however, the bearing didn’t reach the predetermined threshold at the second detector, rapidly failed between the the second and third, and the third warned of the defect over the radio…only by then, it was too late.
Defense? Defendants will maintain if NS had properly designed, deployed, and serviced its hot box detectors accident would not have happened. Best conclusion is we have to many lawyers.
Some years ago there was a problem of RRs hauling Clorine. Cannot remember for sure but were RRs ordered to carry product at a much lower tariffs?
So they’re suing their shippers and the builders of the railcars that are hauled day and night on their railroad. Huh. Wonder if THAT will have any ramifications?
America would rather fight in court, spend millions on layers who know nothing about environmental, science, engineering, that a Government regulations would have helped prevent. America is a reactive, not a proactive location for commerce.
It will be interesting to see if the owners of defective equipment have any responsibility for its maintenance or damage caused by its lack.
Norfolk Southern operating practices were the proximate cause of the wreck. Does a shipper or GATX really have any say about train make up, line side hot box detectors, inspection practices (or intentional lack thereof) or bearing replacement cycles?
NS is engaging in lawfare to avoid responsibility and drag settlement out. This is like the Exxon Valdez… wait long enough and plaintiffs that suffered harm die or leave.
Saw this action coming the day of the incident…SOP when there is a derailment of this magnitude.