On February 3, 2023, a train, owned by Norfolk Southern and carrying various hazardous substances, derailed near

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On February 3, 2023, a train, owned by Norfolk Southern and carrying various hazardous substances, derailed near the town of East Palestine, Ohio. Around a dozen tanker cars each containing tens of thousands of gallons of chemicals crashed off the tracks. Several were breached and their contents were released onto the ground, others caught on fire. To prevent an explosion, Norfolk Southern performed a controlled burn of several of the tanker cars containing vinyl chloride. While the town was initially evacuated, EPA has since reported that the air and municipal drinking water supplies are safe, according to EPA sampling results, and the evacuation order was lifted.

Various chemicals from the release have contaminated soil at the crash site, the air through both the controlled and uncontrolled burning of the chemicals, and have been observed in local surface waters causing fish kills. Anecdotal reports from residents describe symptoms such as headaches, coughing, rashes, and the presence of odors in the air. Several of the chemicals are known carcinogens at low levels.

1. What kind of liability might Norfolk Southern have under CERCLA, other federal environmental laws, and common law causes of action?

2. Look up some of the spilled/emitted substances on EPA's lists of hazardous substances. Describe their hazardous characteristics and potential harmful results of exposure.

3. Discuss the impact (if any) of the Department of Transportation's 2017 decision to rescind regulations regarding the types of brakes required for trains carrying flammable substances and the recent railway workers union negotiations on the East Palestine train derailment.

4. Discuss how and from whom EPA may recover its response costs related to the event. Also discuss the emergency response to the crash, including agencies involved and whether a lead agency has been designated, responsibility and roles of the response actors, and activities performed by each.