DOJ, on behalf of the EPA, has sued Norfolk Southern for the East Palestine derailment under the Clean Water Act.
Complaint: justice.gov/opa/press-rele…
The case has been assigned to Judge John R. Adams, a George W. Bush appointee who has a … less-than-stellar … record as a judge. (He’s been removed from multiple cases and had other issues, including a long legal fight with the 6th Circuit Judicial Council, while on the bench.)
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Here’s an article from last year on the settlement in the 6-year-fight over Adams’s behavior on the bench. beaconjournal.com/story/news/202…
From DOJ's complaint: "Approximately eighty percent of the compensation for NS Corporation’s executives are based on performance metrics. ... [A]nnual reports show a stark contrast between the
increases in operating income and the drop in railroad operating costs."
"Norfolk Southern produced the below photograph showing the derailed rail cars and describing their contents."
"51. Firefighting efforts required the use of firefighting materials."
10/10. No notes.
The Feb. 6 venting/burn.
Oh, yeah ... #WOTUS
This is followed by five pages detailing how waters implicated in the East Palestine derailment are waters of the United States. (pp.12-16)
The three specific claims by DOJ against Norfolk Southern are "Discharge of Pollutants in Violation of Clean Water Act"; "Discharge of Oil and Hazardous Substances in Violation of the Clean Water Act"; and "Cost Recovery," citing 42 USC 9607. See: law.cornell.edu/uscode/text/42…
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