{"id":7974,"date":"2023-06-22T16:52:20","date_gmt":"2023-06-22T16:52:20","guid":{"rendered":"https:\/\/www.awkolaw.com\/?p=7974"},"modified":"2023-06-30T17:19:34","modified_gmt":"2023-06-30T17:19:34","slug":"ntsb-on-east-palestine-toxic-train-derailment","status":"publish","type":"post","link":"https:\/\/www.awkolaw.com\/ntsb-on-east-palestine-toxic-train-derailment\/","title":{"rendered":"NTSB holds 2-day hearing on East Palestine toxic train derailment"},"content":{"rendered":"

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The National Transportation Safety Board will start taking sworn testimony Thursday as part of its probe into the toxic train derailment in East Palestine, Ohio.<\/a><\/p>\n

The agency is holding an investigative hearing on Thursday and Friday in East Palestine, where a Norfolk Southern Railway train carrying toxic chemicals derailed on Feb. 3, resulting in the release of hazardous materials into the air, soil and creeks in the area.<\/p>\n

A preliminary NTSB report<\/a> released in the weeks following the incident found that a wheel bearing failed moments before 38 cars derailed in the incident — including 11 tank cars carrying hazardous materials that subsequently ignited.<\/p>\n

Five of the tank cars contained 115,580 gallons of vinyl chloride, a highly volatile colorless gas produced for commercial uses. Responders subsequently conducted an hourslong controlled release and burn of the vinyl chloride, causing a large ball of fire and sending a plume of black smoke filled with contaminants into the air.<\/p>\n

The two-day hearing, described as a “fact-finding step” in the NTSB’s safety investigation, is expected to focus on the communications and preparedness for the initial emergency response, what led to the decision to vent and burn the vinyl chloride tank cars, and the freight car bearing failure modes and wayside detection systems, among other topics.<\/p>\n

Witnesses, who will testify under oath, will include representatives of Norfolk Southern, the Federal Railroad Administration, the Ohio National Guard and several local fire and police departments, the NTSB said<\/a>. A hearing agenda, including witnesses scheduled to testify, is available here<\/a>.<\/p>\n

Those able to ask witnesses questions include NTSB’s board members and investigative staff and designated parties, including the Norfolk Southern Corporation, Federal Railroad Administration, Pipeline and Hazardous Materials Safety Administration and Village of East Palestine.<\/p>\n

The NTSB will use the information gathered during the hearing to “complete the investigation, determine probable cause, and make recommendations to improve transportation safety,” the agency said. Its full investigation could take up to 18 months from the date of the accident to complete, it said.<\/p>\n

“The communities most affected by this tragedy deserve as much insight as possible into our investigation, which is why we’re holding an investigative hearing in East Palestine,” NTSB Chair Jennifer Homendy said in a statement. “While we unfortunately cannot change what happened that day, our entire agency is committed to carrying out our mission, which doesn’t end when we get to the bottom of what happened and why it happened — we’ll also work vigorously to prevent it from ever happening again.”<\/p>\n

The hearing is scheduled to occur Thursday from 9 a.m. to 7 p.m. ET and Friday from 9 a.m. to 6 p.m. ET. at East Palestine High School and will be streamed live on the NTSB’s YouTube channel<\/a>.<\/p>\n

Homendy had previously called the derailment “100% preventable.”<\/p>\n

“We call things ‘accidents.’ There is no accident. Every single event that we investigate is preventable,” she said upon the release of the NTSB’s preliminary report in February.<\/p>\n

There were no reported fatalities or injuries in the derailment.<\/p>\n

First responders implemented a 1-mile evacuation zone surrounding the derailment site, impacting up to 2,000 residents. The mandatory evacuation order was lifted on Feb. 8 after air and water samples taken the day before were deemed safe, officials said.<\/p>\n

Health and safety concerns have lingered in the aftermath of the incident, and several residents filed a class-action lawsuit against Norfolk Southern, seeking punitive damages as well as a fund for medical monitoring and testing, among other relief.<\/p>\n

Ohio also filed a lawsuit against Norfolk Southern in March, alleging the railway operator violated various federal and state environmental laws and Ohio Common Law, “recklessly endangering” the health of residents and Ohio’s natural resources, the state district attorney’s office said.<\/p>\n

After the lawsuit was announced, Norfolk Southern said that it is “listening closely to concerns from the community about whether there could be long-term impacts from the derailment.”<\/p>\n

“We are making progress every day cleaning the site safely and thoroughly, providing financial assistance to residents and businesses that have been affected, and investing to help East Palestine and the communities around it thrive,” Norfolk Southern said in a statement.<\/p>\n

Contaminated soil and waste continue to be removed from the derailment site for off-site treatment and disposal. Air monitoring and soil and drinking water sampling are also ongoing, which have not detected concerning levels of any contaminants, according to the Environmental Protection Agency.<\/p>\n

Norfolk Southern will be required to continue cleaning up the contaminated soil and water and transport it safely; reimburse the EPA for cleaning services; and attend public meetings at the EPA’s request and share information, U.S. EPA Administrator Michael Regan announced on Feb. 21. If Norfolk Southern does not comply, the company will be ordered to pay triple the cost.<\/p>\n

As of March 16, Norfolk Southern said it had committed approximately $24 million to the community of East Palestine “with more to come.”<\/p>\n

Read the full article at ABC News<\/a><\/p>\n

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The National Transportation Safety Board will start taking sworn testimony Thursday as part of its probe into the toxic train derailment in East Palestine, Ohio.<\/p>\n","protected":false},"author":4,"featured_media":8097,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"

FOR IMMEDIATE RELEASE<\/strong><\/em><\/p>\n\n

Aylstock, Witkin, Kreis & Overholtz Files Five Suits Against Skanska on Behalf of Local Businesses<\/h1>\nOn November 4, 2020, the law firm of Aylstock, Witkin, Kreis & Overholtz filed five lawsuits on behalf of local businesses in Gulf Breeze, Pensacola Beach, and Pensacola against Skanska USA. The lawsuits allege that Skanska failed to adequately secure or relocate its work platforms as Hurricane Sally approached the Gulf Coast, resulting in in the devastation of the Pensacola Bay Bridge. The destruction of this critical vein of commerce\u2014which may last for months, a year, or longer\u2014has resulted in crippling, if not insurmountable, economic losses for local businesses.\n\nThe Aylstock firm represents the following businesses that have filed suit against Skanska:\n
    \n \t
  • Flowers by Yoko, Gulf Breeze<\/li>\n \t
  • Gibson Girl, Gulf Breeze<\/li>\n \t
  • Aloha Liquors, Pensacola Beach<\/li>\n \t
  • Bagelheads, Pensacola<\/li>\n \t
  • Franco\u2019s Italian Restaurant, Pensacola<\/li>\n<\/ul>\nThe lawsuits have been filed in the First Judicial Circuit Court in Escambia County, Florida. The complaints allege that Skanska was contracted by the Florida Department of Transportation (\u201cFDOT\u201d) to construct a new Pensacola Bay Bridge, including demolition of the preexisting bridge, at a cost to the State of Florida of approximately $430 Million.\n\nThe lawsuits allege that Skanska negligently left numerous work platforms unsecured or improperly positioned. Additionally, at least two unsecured work platforms damaged five spans of the new Pensacola Bay Bridge, rendering the bridge impassable. The lawsuits further allege that FDOT confirmed that Skanska \u201cfailed to take adequate precautions to prevent the damage that resulted from Hurricane Sally\u201d and that Skanska \u201chad advanced knowledge of an approaching hurricane[] but did not comply with its own Hurricane Preparedness Plan.\u201d\n\nAccording to the lawsuits, Skanska could have easily moved each of its work platforms before Hurricane Sally made landfall and had notice of reason to do so. \u201cSkanska knew of possible tropical storm-force winds (at minimum) beginning, at the earliest, on September 11th, yet it chose to do nothing,\u201d despite the fact that its own internal Hurricane Preparedness Plan provides that each work platform \u201conly takes two hours to move.\u201d Consequently, these local businesses allege that Skanska had \u201cample notice and time to move all of its work platforms to safe harbor (as it has done in the past).\u201d The Complaints assert claims of negligence, gross negligence, negligence per se, breach of contract, public nuisance, and private nuisance.\n\nThe Aylstock firm currently represents hundreds of individuals and businesses located in Pensacola Beach, Gulf Breeze, Pensacola, and surrounding communities in their claims against Skanska. The firm plans to continue to file cases against Skanska on an individual basis.\n\n\u201cWe are honored to have the opportunity and the responsibility of representing so many locals who have taken a direct hit not only from Hurricane Sally, but from Skanska. The Three Mile Bridge closure has been devastating to our community, and the effects are going to be felt for months to come,\u201d says Partner Sam Geisler. \u201cThe firm has a dedicated team of attorneys and staff who have been working tirelessly to evaluate the claims of hundreds of people affected by the bridge closure and to ensure that we are taking the best approach from a legal perspective to hold Skanska responsible for the losses to our community.\u201d\n\n \n\n \n\n ","_et_gb_content_width":"","footnotes":""},"categories":[44,52,215],"tags":[216,217],"_links":{"self":[{"href":"https:\/\/www.awkolaw.com\/wp-json\/wp\/v2\/posts\/7974"}],"collection":[{"href":"https:\/\/www.awkolaw.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.awkolaw.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.awkolaw.com\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/www.awkolaw.com\/wp-json\/wp\/v2\/comments?post=7974"}],"version-history":[{"count":5,"href":"https:\/\/www.awkolaw.com\/wp-json\/wp\/v2\/posts\/7974\/revisions"}],"predecessor-version":[{"id":8109,"href":"https:\/\/www.awkolaw.com\/wp-json\/wp\/v2\/posts\/7974\/revisions\/8109"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.awkolaw.com\/wp-json\/wp\/v2\/media\/8097"}],"wp:attachment":[{"href":"https:\/\/www.awkolaw.com\/wp-json\/wp\/v2\/media?parent=7974"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.awkolaw.com\/wp-json\/wp\/v2\/categories?post=7974"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.awkolaw.com\/wp-json\/wp\/v2\/tags?post=7974"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}