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No word on when derailment settlement payments will resume

EAST PALESTINE — Nearly two months after replacing Kroll as the court-appointed settlement administrator responsible for determining and distributing individual amounts of last year’s $600 million settlement between Norfolk Southern and residents impacted by the rail disaster, Epiq still has not announced when personal injury payments will resume.

In July, the firm reported it was “hopeful” those payments, open to individuals who lived and worked within 10 miles of the derailment, would begin again “by early fall.”

The official data transfer from Kroll to Epiq was completed June 30 and that data was expected to be uploaded into Epiq’s system by mid-July. An audit of Kroll, which was ordered by federal Judge Benita Person when she removed Kroll from the case, is expected to take 60 days.

According to eastpalestinetrainsettlement.com — the website set up to share information and updates related to the settlement — the original email can now be used to answer settlement questions. That email is info@EastPalestineTrainSettlement.com.

“Epiq, as substitute settlement administrator, is working closely with class counsel to process any submitted defect responses, respond to inquiries, and reissue payments,” the latest update on the website states. “Epiq is working as quickly as possible to handle these items, but this transition will take time and we ask that everyone be patient so that the transition from Kroll to Epiq can be completed and the claims process can restart as quickly and smoothly as possible.”

Pearson, at the request of class co-counsel, terminated Kroll as settlement administrator after the New York-based firm reportedly overpaid some personal injury claims.

Direct payments — claims for property damage up to $70,000 for households within 20 miles or less of the derailment — remain on hold indefinitely as the appeal by five class members plays out in Cincinnati’s Sixth Circuit Court.

RAILROAD: ONLY MINOR SITE WORK REMAINS

In its most recent cleanup update, Norfolk Southern reports that all major remediation and restoration work at the site of the 2023 train derailment and chemical release is done.

“Restoration is largely complete and the remaining minor site work is anticipated to be complete within the coming weeks,” the railroad reported on nsmakingitright.com.

Norfolk Southern also reported that cleanup efforts in Sulphur Run, which was heavily contaminated during the Feb. 3, 2023, derailment, have wrapped up with a final assessment of the waterway planned soon.

“Mitigation activities in Sulphur Run have been completed per the EPA-approved work plan,” the railroad said. “As required by the plan, the final stream assessment will be performed in the coming weeks to evaluate attainment of the work plan goals. Details regarding the mitigation activities and final stream assessment will then be compiled and reported to EPA.”

The update did not mention whether more work will be completed in Leslie Run or when a final assessment of that creek will be conducted.

The railroad also said that “particulate air monitoring continues in areas of active operations” and reiterated that “as site activities continue to diminish, associated particulate air monitoring will be reduced accordingly.”

Monitoring of surface water, groundwater, sediments, and drinking water is ongoing “per the schedules defined in the associated work plans.”

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