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Norfolk Southern issues far from resolved

3 min read

To some of the people who initially kept up to date with developments stemming from the fiery Feb. 3, 2023, Norfolk Southern train derailment in East Palestine, Ohio, just west of that state's border with Pennsylvania, the black plume of smoke that hovered over the town in the derailment's aftermath is merely an unfortunate closed chapter of Northeast railroad history.

But, in reality, those individuals are wrong.

The situation surrounding the derailment, which involved 20 units carrying hazardous chemicals, obviously, now, is far from being closed. Despite the passage of more than three years, new developments are continuing and portend the possibility of many months before "case closed" can be attached to the rail accident.

An Aug. 26 Wall Street Journal headline, "Ohio train crash risks draw new scrutiny," made clear the open status that continues to envelop East Palestine, Norfolk Southern, federal and state transportation officials and the courts.

And, judging from what has been evolving, it is not out of the question that some troubling new disclosures might yet be forthcoming -- in coming days and in years to come.

Indeed, it is becoming clearer that the unfortunate railroad history chapter involving East Palestine might have to undergo a major updating and rewrite -- or rewrites.

For now, though, the bottom line is that the derailment, especially the circumstances and actions in the derailment's aftermath, remain very much alive and objects of scrutiny and don't seem destined to be put to rest very soon.

Consider:

A federal judge in Ohio, U.S. District Judge John R. Adams, has decided to withhold approval of a $310 million consent decree, struck by Norfolk Southern with the federal government and state of Ohio, involving cleanup costs, civil penalties and funding for a 20-year community health program and medical monitoring.

Adams said he wants to review latest evidence related to the derailment and would not "rubber stamp" the deal. He referred specifically to testimony from an investigator who said soil contamination persists in the Ohio town and that dioxins and other compounds found in August 2025 far exceed background levels.

That's especially troubling, since 240,000 tons of contaminated soil, among other things, were removed from East Palestine during the derailment cleanup.

That removal, along with vacuuming of chemicals from creeks, seemed to provide some assurance that the town was returned to a safe condition. However, the current implication is that sought-after condition is not currently at hand.

Local residents say latest developments in the derailment story bolster concerns they have been voicing for the past three years -- that their town is far from being safe, even three years later.

Residents continue to allege ongoing health problems stemming from the so-called vent and burn of chemicals that followed the accident -- an operation that the National Transportation Safety Board subsequently determined was unnecessary and based on misleading and incomplete information from Norfolk Southern and contractors.

Norfolk Southern has disagreed, indicating that the only motivation in recommending vent and burn "was the health and safety of the community and first responders."

Newly released government documents include the disclosure that a wind shift had pushed the chemical-laden black cloud -- the plume of black smoke --- back over East Palestine.

"The atmosphere had kept material closer to the ground, with possible local health effects," the Journal report said. "The analysis wasn't released publicly."

It's clear that Judge Adams has a big job ahead of him. Railroad communities like Altoona have the important responsibility of paying attention.

Starting at /week.