Environmental protection is a difficult assignment. It requires constant diligence and keeping up with the rapidly-changing environmental regulatory environment. As outlined below, environmental violations and mishaps can be consequential – environmentally and economically.
East Palestine Ohio Train Derailment
An environmental incident that received plenty of attention and was a political lightning rod was settled this spring.
On Friday, February 3, 2023, a Norfolk Southern train with 53 cars derailed in East Palestine, Ohio. According to the EPA’s website, twenty of the affected cars contained hazardous materials, including vinyl chloride, ethylene glycol, ethylhexyl acrylate, butyl acrylate, and isobutylene.
$310 Million Settlement
On May 23, 2024, the US Department of Justice released the following statement, “Today, the Justice Department and Environmental Protection Agency (EPA) announced a settlement valued at over $310 million with Norfolk Southern Railway Company holding the company accountable to address and pay for the damage caused by the Feb. 3, 2023, train derailment in East Palestine, Ohio. If the settlement is approved by the U.S. District Court for the Northern District of Ohio, Norfolk Southern will be required to take measures to improve rail safety, pay for health monitoring and mental health services for the surrounding communities, fund long-term environmental monitoring, pay a $15 million civil penalty and take other actions to protect nearby waterways and drinking water resources.”
According to the NTSB, the vent and burn were not necessary to prevent a tank car failure in East Palestine, OH (NOTE: Picture purchased from iStock not from Ohio derailment).
NTSB Cites Cause
On June 25, 2024, the National Transportation Safety Board (NTSB) said, a rail car’s defective wheel bearing caused the derailment and the subsequent hazardous material release.
The NTSB also stated that the decision by the local incident commander three days later to conduct a vent and burn of the contents of the tank cars carrying vinyl chloride monomer was based on incomplete and misleading information provided by Norfolk Southern officials and contractors. The vent and burn were not necessary to prevent a tank car failure.
Terminal Fire – $6.6 Million Settlement
On April 2, 2024, The Justice Department announced that Intercontinental Terminals Company LLC (ITC) agreed to pay over $6.6 million to federal and state natural resource trustees to resolve claims for natural resource damages resulting from a 2019 fire at ITC’s Deer Park terminal facility near Houston that released hazardous chemicals.
Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division said, “The 2019 fire at ITC’s Deer Park facility released a significant amount of hazardous substances that injured the Houston Ship Channel. Today’s settlement will enable restoration work to improve the environment in the channel and other affected waterways in the area and to enhance recreational opportunities for Texas residents and visitors.”
According to the National Oceanic and Atmospheric Administration, the fire began on Sunday, March 17, 2019, when a storage tank caught fire engulfing much of the “Second 80’s tank battery” at the Intercontinental Terminals in Deer Park, Texas.
The fire was initially extinguished on March 20th but reignited on March 22nd and damaged a second containment wall of the tank facility.
The estimated release was 470,000 – 523,000 barrels of a mixture of “fire water, different firefighting aqueous film forming foams, and oil products from the storage tanks into the environment.”
The settlement was announced on June 20, 2024.
Solar Power Company Fined
Finally, on May 21, 2024, a solar energy company was fined for violations related to construction activity.
According to the Environmental Protection Agency, the agency settled with Navisun, LLC, (Hingham, Massachusetts) for alleged violations of the Construction General Permit (CGP), related to stormwater discharges from construction activities. Under the settlement, the company will pay a penalty of $25,000 to resolve the allegations of the two alleged violations.
The $25,000 fine is dwarfed by the multi-million dollar fines outlined above, but it is a reminder that environmental compliance issues cover a wide range of activities affecting nearly all sectors of our economy.
If you need assistance with an environmental issue, including litigation support, contact Jeffrey Bolin, M.S., CHMM, at 248-932-0228, Ext. 125.
Dragun Corporation does not use artificial intelligence in drafting our blogs or any other material.
Alan Hahn drafted this blog. Alan has an undergraduate degree in Environmental Studies and completed a graduate program in Environmental Management. He has worked in environmental management for 45 years. He has written hundreds of blogs and articles. His published work includes Michigan Lawyers Weekly, Detroiter, Michigan Forward, GreenStone Partners, Manure Manager Magazine, Progressive Dairy, and HazMat Magazine.
Jeffrey Bolin, M.S., reviewed the blog. Jeff is a partner and senior scientist at Dragun Corporation. He is a published author, frequent speaker, and expert witness. His expertise in environmental due diligence, PFAS, vapor intrusion, and site assessments has led to projects in the US, Canada, and overseas. See Jeff’s Bio.
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