EPA Says Norfolk Southern’s Affirmative Defenses Fail In Train Derailment Case

(July 12, 2023, 1:03 PM EDT) -- YOUNGSTOWN, Ohio — The U.S. Environmental Protection Agency has filed a brief in Ohio federal court supporting a motion to strike certain affirmative defenses raised by Norfolk Southern Corp. in the consolidated lawsuits brought by the state of Ohio and the U.S. government related to injuries from the train derailment in East Palestine, Ohio, arguing that Norfolk Southern is not entitled to relief under a “failure to mitigate” defense because the U.S. government has no duty to mitigate Norfolk Southern’s damages under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)....