Editorial: Norfolk Southern lawsuits are necessary enforcement of railroad's promises

Norfolk Southern was hit with a lawsuit Thursday.

The U.S. Department of Justice filed the suit in U.S. District Court for the Northern District of Ohio in reaction to the Feb. 3 train derailment near East Palestine.

Some train cars held hazardous materials, including the chemical vinyl chloride. The spilled contents and the chemicals burned intentionally in an effort to prevent a larger explosion have created concerns about the impact on the environment, health and even the economy.

The lawsuit is about accountability. The company and CEO Alan Shaw have spoken about support and cleanup, pledging millions of dollars to make the situation right.

But the lawsuit is an indication not everyone is taking promises at face value.

It outlines reasons, including how the business of big railroad is operated.

“Approximately 80% of the compensation for NS Corp.’s executives are based on performance metrics,” it stated, pointing out that, in the past four years, the company’s revenue has gone up while operating costs have gone down. A reduction in spending on service, maintenance, inspections and crews also was noted.

The goal of the case is a declaratory judgment from the court cementing Norfolk Southern’s responsibility for all “response costs and damages,” as well as penalties.

Ohio already has filed a lawsuit of its own. Pennsylvania Gov. Josh Shapiro announced a multimillion dollar settlement with the company March 6. Blackhawk School District in Beaver County, just across the state line, has filed a suit.

And the Pennsylvania Senate doesn’t seem to have much confidence in the railroad’s statements. Shaw went to Harrisburg on March 20 for a hearing that ended with Sen. Doug Mastriano, R-Franklin County, and Sen. Katie Muth, D-Montgomery County, in uncharacteristic agreement with their skepticism.

“Each and every day, I’m going to do the next right thing,” Shaw said in a Pennlive article.

“We’re going to hold you to that,” said Mastriano.

The Justice Department clearly is doing the same with this latest lawsuit.