Norfolk Southern Says It Would Be Premature To Strike Affirmative Defenses

(August 14, 2023, 8:45 AM EDT) -- YOUNGSTOWN, Ohio — Norfolk Southern Corp. and Norfolk Southern Railway Co. (collectively, Norfolk Southern) filed a brief in Ohio federal court arguing that the U.S. Environmental Protection Agency’s motion to strike Norfolk Southern’s affirmative defenses in the consolidated lawsuits brought by Ohio and the U.S. government related to injuries from the train derailment in East Palestine ask the court to prematurely adjudicate the merits of affirmative defenses before any discovery has taken place....