The Environmental Protection Agency ordered Norfolk Southern to pay all the costs of clean-up efforts in East Palestine, Ohio, after one of the company’s trains derailed there on February 3.
“The operator, Norfolk Southern, will not only be compelled to identify and clean contaminated soil and water, but also must reimburse the E.P.A. for the costs of cleaning private homes and businesses, according to the agency,” reports the New York Times. “If the E.P.A. deems that Norfolk Southern has failed to complete any of the tasks it has been ordered to do, the agency will conduct the cleanup itself and charge the company triple the cost, it said.”
Norfolk Southern had already been paying clean-up costs and said in a statement it would continue to do so, the Times reported. As of yesterday, financial support to residents and local government from the company totaled $5.6 million, not including the clean-up costs.
The EPA had previously warned Norfolk Southern it could face liability under the federal “Superfund” law on February 10, and made true on that warning today. The EPA has now assumed control of the long-term recovery effort, ending the emergency phase of the response.
The National Transportation Safety Board is investigating the incident and will release a report by the end of the month. The federal Department of Transportation said that it will “use the results of the NTSB investigation in East Palestine to hold Norfolk Southern accountable.”
Pennsylvania governor Josh Shapiro (D.) said his state is pursuing a criminal investigation into Norfolk Southern for the derailment. (East Palestine is near the Pennsylvania border.) Ohio governor Mike DeWine (R.) also said his state is considering a criminal investigation. Ohio attorney general Dave Yost (R.) said his office was considering legal action last week.
The company also faces nine class-action lawsuits so far. More could be coming, and the courts will have to sort out how to handle them over the next few years. Norfolk Southern’s share prices have fallen 11.3 percent on the stock market since the crash happened, erasing over $5 billion in market value.
That’s all as it should be. They own the infrastructure; they made the mess; they should clean it up. No matter what it costs, or how long it takes.