by Nick Robertson at The Hill
A class action suit accusing Norfolk Southern of negligence over the train derailment that released toxic chemicals in East Palestine, Ohio, last year can go forward, a federal judge determined Wednesday.
Judge Benita Yalonda Pearson rejected the railroad’s arguments that claims in the suit were protected by federal law regulating railroads, instead ruling that the case focuses on activity that is not covered by protections.
The suit represents about 500,000 people and businesses near the eastern Ohio town where nearly 40 railcars derailed last year, some of which contained toxic vinyl chloride. The railroad decided to use a controlled explosion to render the wreck safe, spreading the chemical into the air and local water supply.
In Senate testimony earlier this month, National Transportation Safety Board (NTSB) Chair Jennifer Homendy said the controlled explosion was unnecessary and alleged Norfolk Southern ignored onsite experts who said vinyl chloride release was unnecessary.
“It was stabilized well,…
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