The lawsuit was filed in the northern district of Ohio against Oxy Vinyls LP, GATX Corporation, General American Marks Company, Trinity Industries Leasing Company, SMBC Rail Services LLC, Dow Chemical Incorporated and Union Tank Car Company for their share of the burden Norfolk Southern has taken on.
Norfolk Southern has said it is committed to helping the East Palestine community recover after the derailment caused forced evacuations for the chemicals to be burned off. In the lawsuit, Norfolk Southern claims it did not manufacture, load, or own the railcars that contained the vinyl chloride and other chemicals or the chemicals themselves.Norfolk Southern claims it did not manufacture or own the bearing, the derailed railcar or load the contents of that railcar.The railway company says despite not owning any of the materials involved, it responded to the derailment quickly and comprehensively.
Court documents say the responsibility for safe transport is shared among several interested parties, including the manufacturers of the railcars and safety devices, the owners and lessees of the railcars, the manufacturers and shippers of the material being transported and the railroad. Norfolk Southern is looking to recover the share of the defendant’s costs that have been incurred by the railway company for investigation, design, construction, remediation, and other activities in East Palestine, according to the lawsuit.