"I'm not sure about the future health of my community, but I know that this incident doesn't have to happen anywhere else. I fully support the EPA placing [VCM] on the Toxic Substances Control Act list, and I urge Congress to pass the Railway Safety Act. These are important steps on the road to justice."
Jami Wallace, a lifelong East Palestine resident, said in an email to PN that "no amount can ever make this right, but it should be at least enough to hurt [NS] a little bit."
She added that "there are so many things wrong" with the proposed class action settlement, including that it takes away residents' right to sue the EPA among other government agencies.
"Why is Norfolk Southern protecting these government agencies?" Wallace said. "This only makes sense if they are in bed with the EPA."
"For most of us who have been harmed by this disaster, it isn't even about money, it's about justice. We want accountability for poisoning our children [and] we want a punishment that ensures this never happens again to anyone."
In April, NS reached a $600 million agreement to resolve a consolidated class action lawsuit related to the train derailment, although some residents questioned the amount. A federal judge on May 21 gave preliminary approval to that settlement.
The agreement will resolve all class action claims within a 20-mile radius from the derailment and, for those residents who choose to participate, personal injury claims within a 10-mile radius from the derailment.
Wallace, president of the Unity Council for the East Palestine Train Derailment, said area residents still don't have access to a toxicologist more than a year after the accident, even though some local children are still having nose bleeds, seizures and other illnesses. She added that railroad and government officials "need to just admit there is a gap in research."
"There is no research on multiple chemical exposure," Wallace said. "The EPA is using single chemical exposure testing standards. When the science isn't there, when do you start listening to the people and our bodies?"
Almost 80 percent of the NS/EPA settlement — $244 million — will be spent on safety initiatives through 2025. The remainder of the settlement includes a $15 million civil penalty and $57 million to cover EPA expenses through Nov. 30, as well as subsequent response costs. It also includes completing cleanup of the derailment site, implementing environmental remediation projects for pre-existing pollution and to improve water quality in the region.
Also included in the settlement are continuing monitoring of groundwater and surface water bodies and establishment of a drinking water monitoring program, as well as a $25 million Community Health Program that will provide medical exams and mental health services for the community and first responders for up to 20 years.
"From day one, it was important for [NS] to make things right for the residents of East Palestine and the surrounding area," NS President and CEO Alan Shaw said in a statement. "We are pleased we were able to reach a timely resolution of these investigations …We will continue keeping our promises and are invested in the community's future for the long-haul."
But Republican U.S. Sen. JD Vance and Ohio Attorney General Dave Yost don't see the settlement in such positive terms. They issued a joint statement to express their concern that the settlement "could severely undercompensate the residents of East Palestine."
The Justice Department "would have better served East Palestine and surrounding communities by negotiating against [NS] armed with all relevant facts surrounding the disaster — facts which can only be revealed by the National Transportation Safety Board," the statement said.
"The residents of East Palestine deserve full compensation to account for the hardships they have faced in the months since the derailment, but they also deserve the full truth about why the derailment and vent and burn occurred. With its decision to reach a settlement now, the DOJ may have sacrificed its opportunity to use the NTSB's findings to impose maximum leverage on those responsible for any potential wrongdoing," it continued.
Vance and Yost also complained that the Department of Justice has closely guarded details of this settlement and didn't make co-plaintiffs, including the state of Ohio, aware of crucial details before the May 23 announcement. "This problem deserves more time and consideration," they said.
Federal officials said that together with other response costs and rail safety enhancements, NS estimates that it will spend more than $1 billion to address contamination and other harms caused by the derailment and to improve rail safety and operations.
The proposed NS/EPA settlement was lodged in the U.S. District Court for the Northern District of Ohio. It's subject to a minimum 30-day public comment period and final court approval.
According to NTSB's official account of the accident, part of an eastbound Norfolk Southern train derailed on its main track in East Palestine. Eleven derailed tank cars carrying hazardous materials soon ignited, fueling fires that damaged another 12 rail cars that didn't derail. First responders implemented a 1-mile evacuation zone surrounding the derailment site that affected up to 2,000 residents. There were no reported fatalities or injuries.
Three days after the derailment, state and railroad officials decided to drain the cars and burn off the VCM rather than risk a massive explosion that could have sent shrapnel up to a mile away. The burnoff caused massive clouds of black smoke and ash, as well as chemical odors.
Ongoing air, water and soil testing in the East Palestine area have shown that the area is safe, with no dangerous levels of chemicals present. NS has removed at least 400 million pounds of solid waste and more than 46 million gallons of wastewater from the area.
The VCM being transported was owned by materials firm Oxy Vinyls LP. In July 2023, NS filed a complaint against Oxy Vinyls, Dow Inc. and the owners of other chemicals involved in the accident. In the complaint, NS wanted those firms and other chemical shippers to pay for the cost of the cleanup.
Oxy Vinyls spokeswoman Celina Cardenas said at the time that the NS lawsuit "is a meritless disinformation campaign masquerading as a legal filing." Oxy Vinyls could not be reached for further comment.
NTSB's final meeting on the cause of the derailment will be held in June in East Palestine. During the public meeting, NTSB board members will vote on final findings, probable cause, and recommendations.
NTSB Chair Jennifer Homendy is planning two community meetings, June 24 and 25, at East Palestine High School. The meetings will provide an opportunity for the public to ask about the NTSB and its investigative process.