Facing multiple lawsuits for the Feb. 3 train derailment in East Palestine, Norfolk Southern is suing seven companies that own the rail cars involved in the disaster to help pay the damages caused by the derailment and subsequent hazardous chemical spill.

In the 10-count federal lawsuit, Norfolk Southern contends the other companies should be required to “pay their fair and equitable share of” the response costs “and other costs Norfolk Southern incurred and will incur as a result of third-party defendants’ conduct through the date of judgment,” including interest.

Norfolk Southern sued Oxy Vinyls LP, GATX Corp., General American Marks Co., Trinity Industries Leasing Co., SMRC Rail Services LLC, Dow Chemical Inc., and Union Tank Car Co.

Norfolk Southern contends the companies that own the rail cars that carried the spilled toxic chemicals — most notably vinyl chloride, a flammable gas used to make PVC pipes — are liable for the cost of the cleanup in East Palestine under the federal Comprehensive Environmental Response, Compensation and Liability Act, also called the Superfund. That act requires the clean up of hazardous-waste sites as well as accidents, spills and other emergency releases of pollutants and contaminants into the environment.

Norfolk Southern also is seeking damages from the companies for negligence, failing to properly maintain the rail cars and not following hazardous material transportation regulations.

In the lawsuit, Norfolk Southern said under federal law, it was required to transport hazardous materials and “the responsibility for safe transport is shared among several interested parties, including the manufacturers of the rail car and safety devices, the owners and lessees of the rail cars, the manufacturers and shippers of the material being transported and the railroad.”

Norfolk Southern is suing the seven companies “for their fair share for the liability” from the derailment and release of hazardous substances, according to the lawsuit.

There are numerous lawsuits filed against Norfolk Southern for the derailment disaster including a 58-count federal lawsuit filed by the state.

GOVERNOR’S REQUEST

Meanwhile, Gov. Mike DeWine requested a major presidential disaster declaration for East Palestine related to the derailment and release of chemicals.

“The possibility remains that voluntary support provided by Norfolk Southern could, at some point in the future, cease and this declaration is needed to ensure that the state and federal government use all resources available to step in and provide the community with needed assistance,” DeWine wrote in a letter to President Joe Biden.

DeWine wrote that Federal Emergency Management Agency assistance “would be needed if the voluntary aid from Norfolk Southern ceases. Concern also remains regarding ongoing costs that might develop but have yet to be identified.”

FEMA has “consistently advised that such assistance would likely not be granted because of no unmet needs reported to the state,” according to DeWine.

River Valley Organizing Co-Executive Director Daniel Winston said he was pleased with DeWine’s decision.

“We proved that when people come together, we can make a difference,” he said.

The Feb. 3 derailment of 38 rail cars in East Palestine and a subsequent controlled explosion of five cars resulted in toxic chemicals going into the environment.

Federal and state environmental officials say the air and drinking water in East Palestine are safe. Some nearby streams were contaminated and a number of people have complained about rashes, headaches and other medical ailments.