EPA could charge Norfolk Southern $70,000 a day if their Ohio derailment clean-up isn't up to par. That could be on top of a growing number of lawsuits already piling up, legal expert says.
Azmi Haroun
Fri, February 24, 2023
A large plume of smoke rises over East Palestine, Ohio, after a controlled detonation of a portion of the derailed Norfolk Southern trains, on February 6, 2023.AP
Norfolk Southern Railway Company is facing simmering legal issues in the wake of a toxic derailment.
Class action lawsuits are piling on, with federal and state authorities zeroing in on the company's liability.
Soon, insurance companies could be asking the train company to foot hefty bills, a legal expert told Insider.
Norfolk Southern Railway Company's bill for a disastrous chemical spill and train derailment in Ohio could continue to increase, with tightening federal cleanup rules and big money lawsuits.
On Tuesday, the Environmental Protection Agency made Norfolk Southern responsible for the cleanup of the chemicals and the derailment site, with the ability to charge the company $70,000 a day if the cleanup is insufficient.
In the background, a growing number of lawsuits are claiming the company was strictly liable for transporting and spilling the ultra-hazardous materials, and insurers could soon look to sue the company, Michael Miguel, a principal at law firm McKool Smith focused on insurance claims, told Insider. Miguel is not connected to any ongoing cases against Norfolk Southern.
In the weeks since the derailment, the National Transportation Safety Board issued a preliminary report, which stated that a wheel bearing on the train overheated to 253 degrees Fahrenheit above ambient temperatures ahead of the derailment.
Thirty eight train cars derailed, with 11 of them containing hazardous chemicals, according to the report.
"We call things accidents. There is no accident," NTSB chief Jennifer Homendy said at a press conference on Thursday. "Every single event we investigate is preventable," calling the derailment "100% preventable."
The company has agreed to comply with regulators and donated $25,000 to the town and residents within a one-mile radius are eligible to get a $1,000 "convenience" check from the company. The company also released its proposed remediation plan, but will likely face lawsuits from states, locals, and insurers.
Norfolk Southern did not immediately return Insider's request for comment.
Beyond class action lawsuits, insurance companies may target Norfolk Southern
After residents make their claims to their various insurers, the train company then could be in the line of fire of insurance companies.
"Norfolk Southern has its own direct insurance issues," Miguel told Insider. "And then they will likely face direct lawsuits from insurance companies who had paid out to the homeowners and the businesses by way of subrogation, alleging a parade of horribles as to why they should be covered."
Class action lawsuits from residents have already flooded in.
One new lawsuit from law firms Johnson and Johnson and Hagens Berman claims that Norfolk Southern was strictly liable and caused public nuisance through their negligence, and that they should pay back residents and cover future medical expenses.
Hagens Berman represented Ohio in public nuisance litigation against big tobacco companies in 1998, which led to a $260 billion settlement in multiple states.
Residents as far as 20 miles from the crash site have reported health issues, according to the new lawsuit.
"After the derailment, Ms. Hutton noticed a strange odor in her home and her dog became ill and started to vomit," attorneys said in the suit. "In addition, Ms. Hutton's eyes burned, she developed a headache, experienced difficulty and pain while breathing."
The latest lawsuit focuses on the company's 'ultra-hazardous activity'
Their lawsuit, which includes a resident who owns 100 rescue animals, also brings a claim of strict liability for ultra-hazardous activity against the train company, and claims the company violated federal law for not immediately reporting the derailment.
"Defendants were engaged in abnormally and inherently dangerous or ultra-hazardous activity in the distribution, transportation, storage, maintenance, inspection, monitoring and use of hazardous chemicals," attorneys wrote in the lawsuit.
Miguel said that the spacing of the train cars and the controlled release of the chemicals could also be nitpicked by lawyers.
"In terms of culpability for the accident, questions are certainly going to be asked about whether there was appropriate spacing of the chemicals from each other?" Miguel told Insider.
"Writing a bunch of a thousand dollars checks for people that are local isn't going to be the end of the liability for Norfolk Southern," Miguel said.
Opinion
An avoidable disaster. Hold Norfolk Southern, politicians accountable for East Palestine
Akron Beacon Journal Editorial Board
Fri, February 24, 2023
In this photo provided by Melissa Smith, a train fire is seen from her farm in East Palestine, Ohio, on Feb. 3.
(This opinion article represents the collective viewpoint of the Akron Beacon Journal's Editorial Board, which includes two editors and four community members.)
The nightmarish horrors inflicted on the tiny eastern Ohio town of East Palestine should serve as a wake-up call to all Americans.
While accidents are always part of life, what happened when the hazardous cargo of a Norfolk Southern train derailed Feb. 3 is unacceptable and again illustrates why proper safety standards can't be compromised in the name of corporate profits or political victories.
There's still much we don't know about why the train derailed and how much fault Norfolk Southern should bear. There are also unanswered questions on how the emergency was managed and whether the controlled release of vinyl chloride from five rail cars was the best solution.
But we do know Norfolk Southern recently reported record operating profits, has a poor accident rate when compared to most of its peers, has lobbied against tougher safety standards and favors running heavier and longer trains to maximize profits.
ProPublica reported Thursday that Norfolk Southern policy "allows staffers to instruct crews to ignore alerts from track sensors that flag possible mechanical issues." In October, the company allowed a train with an engine wheel heating up to continue near Sandusky. Four miles later it derailed, dumping thousands of gallons of molten paraffin wax.
Norfolk Southern CEO Alan Shaw pauses for a moment before responding to a reporter's question during an interview near the site of the company's train derailment, Tuesday, Feb. 21, 2023, in East Palestine, Ohio.
We also know federal rail standards have eroded, including dropping mandatory cabooses where personnel could report problems at the back of a train. And it's a fact that the Trump administration repealed a brakes requirement for some trains, stating the cost exceeded its benefits.
Norfolk Southern train likely passed through heavily populated areas
As awful as the scene in East Palestine has been, we keep imagining if this derailment had happened 60 miles earlier in a more populated area along the busy Norfolk Southern line. What would have happened if the same train derailed in Cleveland, Macedonia, Hudson, Ravenna or Alliance? All are along the Norfolk Southern main line, which also had a derailment in November near Ravenna.
The fires alone could have killed many and destroyed buildings while disrupting tens of thousands of lives, not to mention the clear health and environmental concerns from the release of toxic chemicals.
Norfolk Southern route: Train carrying toxic chemicals traveled through many northern Ohio cities before derailing
Expert: East Palestine derailment a horror, but we should worry more about what's on trucks
We empathize with the people of East Palestine in every way possible. They did not ask for their lives to be turned upside down and deserve all the help they need, beginning with clear and factual answers.
We've also been reminded that few of us pay attention to what's inside tanker train cars and semis, although the latter carry much smaller quantities. Many Ohioans are surely looking at and listening to trains roar through their communities with a different state of mind the past three weeks. Local leaders along major rail lines should review their disaster plans.
Politicians worry about votes more than lives
The politics of East Palestine also have been predictably pathetic, with a war of words emerging between Republicans and Democrats about whom to blame, how the response is being handled and score keeping on who has visited the site. Politicians who could not be found near the disaster the first week have flocked in droves the past two weeks, issuing statements and making promises as they go.
With the lone exception of Ohio Gov. Mike DeWine's steady attempts to lead with facts, it's been a disgraceful reminder of how our broken political system harms people.
An employee at Fuller's True Value Hardware brings in a street sign thanking first responders at the end of the work day, Thursday, Feb. 16, 2023, in East Palestine, Ohio. Many East Palestinians were told to evacuate the area after a Norfolk Southern train derailment on Feb. 3 led to a controlled burn of hazardous chemicals.
Most Americans expect our government to balance our safety with sensible regulations for interstate commerce such as rail lines. It's clear the threat of litigation and big damage awards is not enough to protect us any more.
We're tired of the see-saw era of Democrats creating new safety regulations and pro-big business Republicans rolling them back, knowing the proper solution is probably somewhere in the middle.
It's time for our elected leaders to set aside their petty games and craft immediate solutions that can prevent another rail disaster from destroying another community.
Let's hold Norfolk Southern and our leaders accountable for once.
An avoidable disaster. Hold Norfolk Southern, politicians accountable for East Palestine
Akron Beacon Journal Editorial Board
Fri, February 24, 2023
In this photo provided by Melissa Smith, a train fire is seen from her farm in East Palestine, Ohio, on Feb. 3.
(This opinion article represents the collective viewpoint of the Akron Beacon Journal's Editorial Board, which includes two editors and four community members.)
The nightmarish horrors inflicted on the tiny eastern Ohio town of East Palestine should serve as a wake-up call to all Americans.
While accidents are always part of life, what happened when the hazardous cargo of a Norfolk Southern train derailed Feb. 3 is unacceptable and again illustrates why proper safety standards can't be compromised in the name of corporate profits or political victories.
There's still much we don't know about why the train derailed and how much fault Norfolk Southern should bear. There are also unanswered questions on how the emergency was managed and whether the controlled release of vinyl chloride from five rail cars was the best solution.
East Palestine explained: Maps and graphics explain toxic train derailment
But we do know Norfolk Southern recently reported record operating profits, has a poor accident rate when compared to most of its peers, has lobbied against tougher safety standards and favors running heavier and longer trains to maximize profits.
ProPublica reported Thursday that Norfolk Southern policy "allows staffers to instruct crews to ignore alerts from track sensors that flag possible mechanical issues." In October, the company allowed a train with an engine wheel heating up to continue near Sandusky. Four miles later it derailed, dumping thousands of gallons of molten paraffin wax.
Norfolk Southern CEO Alan Shaw pauses for a moment before responding to a reporter's question during an interview near the site of the company's train derailment, Tuesday, Feb. 21, 2023, in East Palestine, Ohio.
We also know federal rail standards have eroded, including dropping mandatory cabooses where personnel could report problems at the back of a train. And it's a fact that the Trump administration repealed a brakes requirement for some trains, stating the cost exceeded its benefits.
Norfolk Southern train likely passed through heavily populated areas
As awful as the scene in East Palestine has been, we keep imagining if this derailment had happened 60 miles earlier in a more populated area along the busy Norfolk Southern line. What would have happened if the same train derailed in Cleveland, Macedonia, Hudson, Ravenna or Alliance? All are along the Norfolk Southern main line, which also had a derailment in November near Ravenna.
The fires alone could have killed many and destroyed buildings while disrupting tens of thousands of lives, not to mention the clear health and environmental concerns from the release of toxic chemicals.
Norfolk Southern route: Train carrying toxic chemicals traveled through many northern Ohio cities before derailing
Expert: East Palestine derailment a horror, but we should worry more about what's on trucks
We empathize with the people of East Palestine in every way possible. They did not ask for their lives to be turned upside down and deserve all the help they need, beginning with clear and factual answers.
We've also been reminded that few of us pay attention to what's inside tanker train cars and semis, although the latter carry much smaller quantities. Many Ohioans are surely looking at and listening to trains roar through their communities with a different state of mind the past three weeks. Local leaders along major rail lines should review their disaster plans.
Politicians worry about votes more than lives
The politics of East Palestine also have been predictably pathetic, with a war of words emerging between Republicans and Democrats about whom to blame, how the response is being handled and score keeping on who has visited the site. Politicians who could not be found near the disaster the first week have flocked in droves the past two weeks, issuing statements and making promises as they go.
With the lone exception of Ohio Gov. Mike DeWine's steady attempts to lead with facts, it's been a disgraceful reminder of how our broken political system harms people.
An employee at Fuller's True Value Hardware brings in a street sign thanking first responders at the end of the work day, Thursday, Feb. 16, 2023, in East Palestine, Ohio. Many East Palestinians were told to evacuate the area after a Norfolk Southern train derailment on Feb. 3 led to a controlled burn of hazardous chemicals.
Most Americans expect our government to balance our safety with sensible regulations for interstate commerce such as rail lines. It's clear the threat of litigation and big damage awards is not enough to protect us any more.
We're tired of the see-saw era of Democrats creating new safety regulations and pro-big business Republicans rolling them back, knowing the proper solution is probably somewhere in the middle.
It's time for our elected leaders to set aside their petty games and craft immediate solutions that can prevent another rail disaster from destroying another community.
Let's hold Norfolk Southern and our leaders accountable for once.
Market Watch Feb. 23, 2023,
Shares of Norfolk Southern Corp. NSC bounced 0.4% in morning trading Thursday, after closing the previous session at a four-month low as the railroad operator continued to face backlash from the Ohio train derailment three weeks ago. On Thursday, U.S. Transportation Secretary Pete Buttigieg visited East Palestine, as the Biden Administration has also faced growing criticism over the federal response to the derailment. Norfolk Southern’s stock has tumbled 11.6% since the Feb. 3 derailment, which translates to about $6.68 billion in lost market capitalization. In comparison, shares of rivals Union Pacific Corp. UNP have shed 8.7% since Feb. 3 and CSX Corp. CSX have lost 5.7%. The Dow Jones Transportation Average DJT has declined 5.5% and the Dow Jones Industrial Average DJIA had slipped 2.8% over the same time.
Norfolk Southern is paying $6.5 million to derailment victims. Meanwhile, it’s shelling out $7.5 billion for shareholders
By Chris Isidore, CNN
Wed February 22, 2023
New YorkCNN —
Norfolk Southern CEO Alan Shaw pledged Tuesday the freight railroad will spend $6.5 million to help those affected by the release of toxic chemicals from its derailment nearly three weeks ago in East Palestine, Ohio. But in a plan released earlier this year, the company said it’s planning to spend more than a thousand times that amount — $7.5 billion — to repurchase its own shares in order to benefit its shareholders.
The company spent $3.4 billion on share repurchases last year, and $3.1 billion in 2021, bringing its recent share repurchases to $6.5 billion. That towers over what it said is its financial commitment to East Palestine, which it said exceeds $6.4 million in direct aid to families and government agencies, in addition to what will be required in cleanup costs.
There is no estimate as to the total cost to Norfolk Southern from the derailment, including the cost of cleanup that the Environmental Protection Agency says will be the railroad’s responsibility.
It’s not clear how much of the accident’s cost will fall on Norfolk Southern. The company revealed Wednesday during a conference call with investors that it has as much as $1.1 billion worth of liability insurance coverage that it can draw upon to compensate third parties for losses caused by the accident. It also has about $200 million worth of insurance coverage to cover damage to its own property, such as tracks or equipment.
Billions to shareholders
In March 2022, Norfolk Southern (NSC) announced a new $10 billion share repurchase plan. Its latest annual financial report, filed just hours before the derailment this month, shows that it still had $7.5 billion available to buy additional shares under that repurchase plan as of December 31.
Norfolk Southern did not respond to questions Wednesday on whether it expects to change its share repurchase plans in the wake of the derailment.
The company also returned an additional $1.2 billion to shareholders in the form of dividend payments in 2022, and $1 billion in 2021, bringing total payments to shareholders to $4.6 billion last year and $4.1 billion in 2021.
The shareholders did much better than the company’s 19,000 employees. Total employee compensation in 2022 came to $2.6 billion, up from $2.4 billion in 2021.
The amount that Norfolk Southern and other major freight railroads are spending on shareholders got a lot of attention in December, when they successfully fought a move in Congress to require them to give hourly workers at least seven sick days a year as part of a labor contract imposed on the industry by Congress in order to avoid an economically crippling rail strike. And it’s getting new attention in the wake of the derailment, along with questions about whether the environmental disaster could have been avoided if the railroad had spent more on staffing and safety.
“Corporations do stock buybacks, they do big dividend checks, they lay off workers,” said Democratic Sen. Sherrod Brown of Ohio, on CNN’s State of the Union on Sunday. “They don’t invest in safety rules and safety regulations, and this kind of thing happens.”
Railroads fought safety rules as too costly
The accident is under investigation by the National Transportation Safety Board. While the cause has yet to be determined, it is known that freight railroads have fought tougher safety rules in the past.
One rule the industry successfully fought would have required a more modern braking system on trains carrying significant amounts of hazardous materials. The Federal Railroad Administration, which proposed the rule under the Obama administration, estimated a more modern braking system would reduce by nearly 20% the number of rail cars in a derailment that puncture and release their contents.
The FRA estimated those better brakes would cost the entire industry $493 million, spread over a period of 20 years. The Association of American Railroads, the trade industry group that represents most US freight railroads, estimated a much greater cost — about $3 billion, but again, spread over 20 years. That would mean around $150 million a year for an entire industry that is earning billions of dollars of annual profits.
Still, it was able to block the rule from ever taking effect, based partly on the argument it was too costly for the potential benefit.
“The railroads are quick to point out their lack of funds to provide adequate staffing, paid sick leave and improved safety, yet they have billions of dollars to spend on stock repurchases,” said Eddie Hall, national president of the Brotherhood of Locomotive Engineers, the industry’s second-largest union behind the one that represents conductors.
Share repurchases on the rise
Share repurchases are designed to help increase the value of the stock by reducing the number of shares outstanding.
In theory, each remaining share becomes more valuable since it represents a greater percentage of the company’s overall ownership. The earnings per share, a key measure used by investors to judge a company’s profitability, can rise even if the total dollars earned by the company goes down, as the pool of shares available to the public shrinks further.
But Norfolk Southern’s profits aren’t going down. They’re going up — by quite a bit. It posted record profits from railway operations of $4.45 billion in 2021, and broke that record in 2022 when it earned $4.8 billion on that basis.
Other freight railroads are also reporting improving profits, and have joined Norfolk Southern in massive share repurchases.
Union Pacific (UNP) purchased $6.3 billion worth of shares in 2022, and has plans to purchase an additional 84 million shares, worth more than $16 billion at its current value. CSX repurchased $4.7 billion worth of shares last year and has plans to buy an additional $3.3 billion going forward. Like Norfolk Southern, both UP and CSX spent more on share repurchases than they did on total employee compensation.
Share repurchases are not limited to the rail industry. Chevron (CVX) recently announced plans to repurchase $75 billion worth of its stock with windfall record profits that came from high oil prices. Across corporate America, share repurchases reached almost $1 trillion for the first time last year, coming in at $936 billion according to S&P Dow Jones Indices, up from $882 billion in 2021.
Share repurchases are forecast to top $1 trillion this year.
By Chris Isidore, CNN
Wed February 22, 2023
New YorkCNN —
Norfolk Southern CEO Alan Shaw pledged Tuesday the freight railroad will spend $6.5 million to help those affected by the release of toxic chemicals from its derailment nearly three weeks ago in East Palestine, Ohio. But in a plan released earlier this year, the company said it’s planning to spend more than a thousand times that amount — $7.5 billion — to repurchase its own shares in order to benefit its shareholders.
The company spent $3.4 billion on share repurchases last year, and $3.1 billion in 2021, bringing its recent share repurchases to $6.5 billion. That towers over what it said is its financial commitment to East Palestine, which it said exceeds $6.4 million in direct aid to families and government agencies, in addition to what will be required in cleanup costs.
There is no estimate as to the total cost to Norfolk Southern from the derailment, including the cost of cleanup that the Environmental Protection Agency says will be the railroad’s responsibility.
It’s not clear how much of the accident’s cost will fall on Norfolk Southern. The company revealed Wednesday during a conference call with investors that it has as much as $1.1 billion worth of liability insurance coverage that it can draw upon to compensate third parties for losses caused by the accident. It also has about $200 million worth of insurance coverage to cover damage to its own property, such as tracks or equipment.
Billions to shareholders
In March 2022, Norfolk Southern (NSC) announced a new $10 billion share repurchase plan. Its latest annual financial report, filed just hours before the derailment this month, shows that it still had $7.5 billion available to buy additional shares under that repurchase plan as of December 31.
Norfolk Southern did not respond to questions Wednesday on whether it expects to change its share repurchase plans in the wake of the derailment.
The company also returned an additional $1.2 billion to shareholders in the form of dividend payments in 2022, and $1 billion in 2021, bringing total payments to shareholders to $4.6 billion last year and $4.1 billion in 2021.
The shareholders did much better than the company’s 19,000 employees. Total employee compensation in 2022 came to $2.6 billion, up from $2.4 billion in 2021.
The amount that Norfolk Southern and other major freight railroads are spending on shareholders got a lot of attention in December, when they successfully fought a move in Congress to require them to give hourly workers at least seven sick days a year as part of a labor contract imposed on the industry by Congress in order to avoid an economically crippling rail strike. And it’s getting new attention in the wake of the derailment, along with questions about whether the environmental disaster could have been avoided if the railroad had spent more on staffing and safety.
“Corporations do stock buybacks, they do big dividend checks, they lay off workers,” said Democratic Sen. Sherrod Brown of Ohio, on CNN’s State of the Union on Sunday. “They don’t invest in safety rules and safety regulations, and this kind of thing happens.”
Railroads fought safety rules as too costly
The accident is under investigation by the National Transportation Safety Board. While the cause has yet to be determined, it is known that freight railroads have fought tougher safety rules in the past.
One rule the industry successfully fought would have required a more modern braking system on trains carrying significant amounts of hazardous materials. The Federal Railroad Administration, which proposed the rule under the Obama administration, estimated a more modern braking system would reduce by nearly 20% the number of rail cars in a derailment that puncture and release their contents.
The FRA estimated those better brakes would cost the entire industry $493 million, spread over a period of 20 years. The Association of American Railroads, the trade industry group that represents most US freight railroads, estimated a much greater cost — about $3 billion, but again, spread over 20 years. That would mean around $150 million a year for an entire industry that is earning billions of dollars of annual profits.
Still, it was able to block the rule from ever taking effect, based partly on the argument it was too costly for the potential benefit.
“The railroads are quick to point out their lack of funds to provide adequate staffing, paid sick leave and improved safety, yet they have billions of dollars to spend on stock repurchases,” said Eddie Hall, national president of the Brotherhood of Locomotive Engineers, the industry’s second-largest union behind the one that represents conductors.
Share repurchases on the rise
Share repurchases are designed to help increase the value of the stock by reducing the number of shares outstanding.
In theory, each remaining share becomes more valuable since it represents a greater percentage of the company’s overall ownership. The earnings per share, a key measure used by investors to judge a company’s profitability, can rise even if the total dollars earned by the company goes down, as the pool of shares available to the public shrinks further.
But Norfolk Southern’s profits aren’t going down. They’re going up — by quite a bit. It posted record profits from railway operations of $4.45 billion in 2021, and broke that record in 2022 when it earned $4.8 billion on that basis.
Other freight railroads are also reporting improving profits, and have joined Norfolk Southern in massive share repurchases.
Union Pacific (UNP) purchased $6.3 billion worth of shares in 2022, and has plans to purchase an additional 84 million shares, worth more than $16 billion at its current value. CSX repurchased $4.7 billion worth of shares last year and has plans to buy an additional $3.3 billion going forward. Like Norfolk Southern, both UP and CSX spent more on share repurchases than they did on total employee compensation.
Share repurchases are not limited to the rail industry. Chevron (CVX) recently announced plans to repurchase $75 billion worth of its stock with windfall record profits that came from high oil prices. Across corporate America, share repurchases reached almost $1 trillion for the first time last year, coming in at $936 billion according to S&P Dow Jones Indices, up from $882 billion in 2021.
Share repurchases are forecast to top $1 trillion this year.
The Lie Giuliani Told Victims of the Ohio Railroad Disaster
Michael Daly
Fri, February 24, 2023
AP POOL/AFP via Getty
Live from East Palestine, it’s Rudy Giuliani!
“Welcome to ‘Talk With the Mayor’ or America’s Mayor, whichever you would like better,” he said as he introduced his live podcast on Thursday night. “America’s Mayor sounds kind of nice, right?”
That was the moniker by which he became known after the 9/11 attack, which killed 2,753 people in downtown Manhattan and catapulted him from being a lame-duck embarrassment into a hero among those who saw him on TV. On Thursday, he was podcasting from the scene of a different kind of disaster: a railroad derailment that has left a town of more than 4,700 to wonder if their future is poisoned by dangerous toxins.
“I’m here to help as a former mayor with extensive crisis management experience,” Giuliani said.
He then proceeded to say what he should have said in the aftermath of 9/11, but did not, when confronted with concerns that the toxic fallout from the collapse of the twin towers could cause serious health problems.
“There’s still a lot of questions, and I don’t think those questions are gonna be answered by anyone right away if they’re telling the truth,” Giuliani said in East Palestine. “One of the problems in government is in order to satisfy people, the people in government give the answers that either they think people want to hear, or the answers that they think businesses want to hear, or the answers they want to hear. ”
Trump Admin Is to Blame in Ohio Disaster—but So Is Biden
He spoke as if he had not been one of those people in government who gave answers that were expedient at the moment.
“They don’t do the more difficult thing of saying, ‘I’m sorry, we’re not at a stage yet where we have enough evidence to really make a determination like that,’” he went on.
He said that he initially thought that deaths from the World Trade Center attack ended that day. But, he continued, “it turned out many, many people died of various forms of toxic poisoning that was undetected at the time, even though testing was done,” he continued.
Lie.
As Giuliani knows—and as New York Daily News columnist Juan Gonzalez won a Pulitzer Prize for reporting five weeks after the attack—testing at Ground Zero after 9/11 detected dangerous levels of a host of poisons, including benzene, dioxins, and PCBs. Giuliani nonetheless sought to minimize the threat in an Oct. 26, 2001, press conference.
“The Daily News today had a story about how the zone is a ‘toxic danger,’” Giuliani said. “And the reality is that although obviously very, very close to where the work is being done there are dangers and risks, the reality is far different than the way the article described it.”
He had New York City Health Commissioner Dr. Neal Cohen on hand to further refute the column.
“We don’t believe that there are any risks here with respect to long-term health effects and that occasional uptick in elevated readings that are taken with some of these with pollutants, generally those return to acceptable levels,” Cohen said.
The exact number is hard to determine, but the World Trade Center Health Registry has said that more people have died of 9/11-related illnesses than perished in the attack.
In Ohio on Thursday night, Giuliani gave a warning that would have applied to him 22 years ago.
“No matter what you hear, and no matter how definitive it sounds, I do not logically believe that at this stage people can give you definitive information,” he said. “And if they are, they’re… probably not even lying unless they have some monetary motive, they’re probably trying to feel important.”
The man who made himself into America's mayor by standing in front of TV cameras then said, “One of the problems with television is we put too many people on television, they have to have opinions, and then they make them up.”
One result of Transportation Secretary Pete Buttigieg’s shameful days-late arrival at the scene of the derailment is that he ended up having to wait while Giuliani was meeting with East Palestine’s mayor, Trent Conway. Giuliani still seemed pleased as he gushed about Conway on the podcast afterward.
“He’s a very, very fine man,” Giuliani said. “A very nice man. A very straight, direct, and honest man. An intelligent man. And that's all you need. You don't need to be fancy Mayor Adams to be a good mayor.”
Giuliani then let slip his actual self: the vindictive, jealous, and just plain mean Rudy.
“Sometimes fancy mayors go to jail,” Giuliani said, going on to again name-check the current mayor of New York City. “I’m not saying Mayor Adams would go to jail, but we've had some fancy mayors that have gone to jail.”
Adams does not seem to be in any immediate danger of landing behind bars. But the same cannot be said for Giuliani, who was so unfancy when he assumed office that he used paper clips to hold up the cuffs of his suit pants. He is now being investigated for everything from perjury to insurrection.
After his visit to East Palestine to advise them how America’s Mayor would handle a toxic event, he is lucky hypocrisy is not a felony.
The Daily Beast.
Michael Daly
Fri, February 24, 2023
AP POOL/AFP via Getty
Live from East Palestine, it’s Rudy Giuliani!
“Welcome to ‘Talk With the Mayor’ or America’s Mayor, whichever you would like better,” he said as he introduced his live podcast on Thursday night. “America’s Mayor sounds kind of nice, right?”
That was the moniker by which he became known after the 9/11 attack, which killed 2,753 people in downtown Manhattan and catapulted him from being a lame-duck embarrassment into a hero among those who saw him on TV. On Thursday, he was podcasting from the scene of a different kind of disaster: a railroad derailment that has left a town of more than 4,700 to wonder if their future is poisoned by dangerous toxins.
“I’m here to help as a former mayor with extensive crisis management experience,” Giuliani said.
He then proceeded to say what he should have said in the aftermath of 9/11, but did not, when confronted with concerns that the toxic fallout from the collapse of the twin towers could cause serious health problems.
“There’s still a lot of questions, and I don’t think those questions are gonna be answered by anyone right away if they’re telling the truth,” Giuliani said in East Palestine. “One of the problems in government is in order to satisfy people, the people in government give the answers that either they think people want to hear, or the answers that they think businesses want to hear, or the answers they want to hear. ”
Trump Admin Is to Blame in Ohio Disaster—but So Is Biden
He spoke as if he had not been one of those people in government who gave answers that were expedient at the moment.
“They don’t do the more difficult thing of saying, ‘I’m sorry, we’re not at a stage yet where we have enough evidence to really make a determination like that,’” he went on.
He said that he initially thought that deaths from the World Trade Center attack ended that day. But, he continued, “it turned out many, many people died of various forms of toxic poisoning that was undetected at the time, even though testing was done,” he continued.
Lie.
As Giuliani knows—and as New York Daily News columnist Juan Gonzalez won a Pulitzer Prize for reporting five weeks after the attack—testing at Ground Zero after 9/11 detected dangerous levels of a host of poisons, including benzene, dioxins, and PCBs. Giuliani nonetheless sought to minimize the threat in an Oct. 26, 2001, press conference.
“The Daily News today had a story about how the zone is a ‘toxic danger,’” Giuliani said. “And the reality is that although obviously very, very close to where the work is being done there are dangers and risks, the reality is far different than the way the article described it.”
He had New York City Health Commissioner Dr. Neal Cohen on hand to further refute the column.
“We don’t believe that there are any risks here with respect to long-term health effects and that occasional uptick in elevated readings that are taken with some of these with pollutants, generally those return to acceptable levels,” Cohen said.
The exact number is hard to determine, but the World Trade Center Health Registry has said that more people have died of 9/11-related illnesses than perished in the attack.
In Ohio on Thursday night, Giuliani gave a warning that would have applied to him 22 years ago.
“No matter what you hear, and no matter how definitive it sounds, I do not logically believe that at this stage people can give you definitive information,” he said. “And if they are, they’re… probably not even lying unless they have some monetary motive, they’re probably trying to feel important.”
The man who made himself into America's mayor by standing in front of TV cameras then said, “One of the problems with television is we put too many people on television, they have to have opinions, and then they make them up.”
One result of Transportation Secretary Pete Buttigieg’s shameful days-late arrival at the scene of the derailment is that he ended up having to wait while Giuliani was meeting with East Palestine’s mayor, Trent Conway. Giuliani still seemed pleased as he gushed about Conway on the podcast afterward.
“He’s a very, very fine man,” Giuliani said. “A very nice man. A very straight, direct, and honest man. An intelligent man. And that's all you need. You don't need to be fancy Mayor Adams to be a good mayor.”
Giuliani then let slip his actual self: the vindictive, jealous, and just plain mean Rudy.
“Sometimes fancy mayors go to jail,” Giuliani said, going on to again name-check the current mayor of New York City. “I’m not saying Mayor Adams would go to jail, but we've had some fancy mayors that have gone to jail.”
Adams does not seem to be in any immediate danger of landing behind bars. But the same cannot be said for Giuliani, who was so unfancy when he assumed office that he used paper clips to hold up the cuffs of his suit pants. He is now being investigated for everything from perjury to insurrection.
After his visit to East Palestine to advise them how America’s Mayor would handle a toxic event, he is lucky hypocrisy is not a felony.
The Daily Beast.
Norfolk Southern alerted to overheated wheel bearing right before Ohio train derailment
Haley BeMiller, Cincinnati Enquirer
Thu, February 23, 2023
Workers clean up the wreckage of the Norfolk Southern train derailment in East Palestine, Ohio, on Feb 20, 2023.
The crew of a Norfolk Southern train that derailed in East Palestine became aware of an overheated wheel bearing just moments before the wreck and tried to stop the train, the National Transportation Safety Board said Thursday.
The board released initial findings from its investigation three weeks after a freight train carrying hazardous materials derailed and spilled chemicals into the air, water and soil. Five of the derailed cars contained vinyl chloride, which Norfolk Southern officials discharged through a controlled release to prevent an explosion.
Residents have complained about headaches and rashes and worry about the long-term health consequences of the accident. State and federal officials say the air and municipal water are safe, but they've encouraged people with medical concerns to visit a clinic set up in the village.
NTSB chair: 'This was 100% preventable'
The NTSB report released Thursday is preliminary. Officials concluded their on-scene investigation Wednesday but will continue assessing the incident, something that's expected to take several more months. As part of that, the NTSB will hold a rare field investigative hearing with invited witnesses in East Palestine this spring.
“I can tell you this much: This was 100% preventable," NTSB chair Jennifer Homendy said during a news conference Thursday. "We call things 'accidents.' There is no accident."
Secretary of Transportation Pete Buttigieg visits with Department of Transportation Investigators at the site of the derailment in East Palestine on Feb. 23.
What the NTSB preliminary report says
As the train traveled through East Palestine on Feb. 3, a hot bearing detector along the railroad issued an alarm instructing the crew to slow down and stop to inspect a hot axle, according to the NTSB report. The train was traveling about 47 mph at the time of the derailment, below the maximum allowed speed of 50 mph.
The wheel bearing failed as crew members tried to slow the train down, Homendy said, and the derailment triggered the train's emergency brakes. The car that set off the wreck contained plastic pellets, which contributed to the fire that broke out.
The train passed two other hot bearing detectors starting 30 miles before East Palestine. The wheel bearing heated up over that time, but Norfolk Southern didn't consider the first two recorded temperatures to be critical. Temperature limits are set by individual railroads, and Homendy said those numbers vary widely.
The bearing was 253 degrees warmer than ambient temperature at the time of the alert.
"You cannot wait until they've failed," Homendy said. "Problems need to be identified early so something catastrophic like this does not occur again."
In a statement Thursday evening, Norfolk Southern officials said they’ve inspected heat detectors in the area and found they were operating properly. The company will look at all other detectors on its system.
“We and the rail industry need to learn as much as we can from this event,” officials said. ”Norfolk Southern will develop practices and invest in technologies that could help prevent an incident like this in the future. We will also work with the owners of the rail cars on the integrity and safety of the equipment we use.”
From here, the NTSB will focus on the wheel bearing, rail car design, and whether the venting and burning of vinyl chloride was carried out properly. Investigators will also look into Norfolk Southern's inspection practices and their use of defect detectors, including the threshold for what's considered a critical temperature.
A spokesman for Ohio Gov. Mike DeWine said he's reviewing the initial findings but still awaits the NTSB's final report and safety recommendations.
Read the full report here:
Haley BeMiller is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.
This article originally appeared on Cincinnati Enquirer: Ohio train derailment: NTSB says train had overheated bearing
Haley BeMiller, Cincinnati Enquirer
Thu, February 23, 2023
Workers clean up the wreckage of the Norfolk Southern train derailment in East Palestine, Ohio, on Feb 20, 2023.
The crew of a Norfolk Southern train that derailed in East Palestine became aware of an overheated wheel bearing just moments before the wreck and tried to stop the train, the National Transportation Safety Board said Thursday.
The board released initial findings from its investigation three weeks after a freight train carrying hazardous materials derailed and spilled chemicals into the air, water and soil. Five of the derailed cars contained vinyl chloride, which Norfolk Southern officials discharged through a controlled release to prevent an explosion.
Residents have complained about headaches and rashes and worry about the long-term health consequences of the accident. State and federal officials say the air and municipal water are safe, but they've encouraged people with medical concerns to visit a clinic set up in the village.
East Palestine train derailment:
NTSB chair: 'This was 100% preventable'
The NTSB report released Thursday is preliminary. Officials concluded their on-scene investigation Wednesday but will continue assessing the incident, something that's expected to take several more months. As part of that, the NTSB will hold a rare field investigative hearing with invited witnesses in East Palestine this spring.
“I can tell you this much: This was 100% preventable," NTSB chair Jennifer Homendy said during a news conference Thursday. "We call things 'accidents.' There is no accident."
Secretary of Transportation Pete Buttigieg visits with Department of Transportation Investigators at the site of the derailment in East Palestine on Feb. 23.
What the NTSB preliminary report says
As the train traveled through East Palestine on Feb. 3, a hot bearing detector along the railroad issued an alarm instructing the crew to slow down and stop to inspect a hot axle, according to the NTSB report. The train was traveling about 47 mph at the time of the derailment, below the maximum allowed speed of 50 mph.
The wheel bearing failed as crew members tried to slow the train down, Homendy said, and the derailment triggered the train's emergency brakes. The car that set off the wreck contained plastic pellets, which contributed to the fire that broke out.
The train passed two other hot bearing detectors starting 30 miles before East Palestine. The wheel bearing heated up over that time, but Norfolk Southern didn't consider the first two recorded temperatures to be critical. Temperature limits are set by individual railroads, and Homendy said those numbers vary widely.
The bearing was 253 degrees warmer than ambient temperature at the time of the alert.
"You cannot wait until they've failed," Homendy said. "Problems need to be identified early so something catastrophic like this does not occur again."
In a statement Thursday evening, Norfolk Southern officials said they’ve inspected heat detectors in the area and found they were operating properly. The company will look at all other detectors on its system.
“We and the rail industry need to learn as much as we can from this event,” officials said. ”Norfolk Southern will develop practices and invest in technologies that could help prevent an incident like this in the future. We will also work with the owners of the rail cars on the integrity and safety of the equipment we use.”
From here, the NTSB will focus on the wheel bearing, rail car design, and whether the venting and burning of vinyl chloride was carried out properly. Investigators will also look into Norfolk Southern's inspection practices and their use of defect detectors, including the threshold for what's considered a critical temperature.
A spokesman for Ohio Gov. Mike DeWine said he's reviewing the initial findings but still awaits the NTSB's final report and safety recommendations.
Read the full report here:
https://www.scribd.com/document/627529389/NTSB-East-Palestine-preliminary-report#download&from_embed
Haley BeMiller is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.
This article originally appeared on Cincinnati Enquirer: Ohio train derailment: NTSB says train had overheated bearing
'Enough with the politics': Derailment investigator takes aim at partisan sniping, misinfo
Gene J. Puskar/AP Photo
Tanya Snyder
Thu, February 23, 2023
The head of the federal probe into the Ohio train derailment lashed out Thursday at "politics" and "misinformation" she said are clouding the ongoing investigation and expressed her exasperation that vital safety recommendations can be ignored amid the noise.
"Enough with the politics on this," National Transportation Safety Board Chair Jennifer Homendy said Thursday at an update on her agency's probe. "I don't understand why this has gotten so political. This is a community that is suffering. This is not about politics."
She was responding to a question about Donald Trump's visit Wednesday to the derailment site in East Palestine, Ohio, which he used to slam Transportation Secretary Pete Buttigieg and the Biden administration for their response.
"There's a lot of misinformation on what would have prevented this," she said. "Everyone is guessing. I saw it all over media, which was driving me nuts. Those solutions, all of the ones I heard of, are not the solutions."
She hinted at an article that circulated soon after the derailment blaming it on a rule that would have mandated faster brakes on some trains, which was withdrawn in 2017. She said those brakes would not have prevented this derailment or even have significantly reduced its severity.
Homendy said the speculation about cause, much of which is false, is doubly frustrating because once the final report is issued, "we get ignored." Though the NTSB investigates serious transportation accidents, the changes their investigations recommend are not mandated unless an agency or Congress decides to act on them.
NTSB's preliminary report released Thursday showed that the engineer at the controls of the Norfolk Southern train that derailed in Ohio tried to stop the train following a warning about an overheating wheel, but by that time several cars had already come off the tracks.
According to the report, before it derailed, the train passed three detectors intended to alert train crew to physical problems, including overheating wheels. Though the train detectors showed one of the wheels was steadily getting hotter, it did not reach a temperature Norfolk Southern considered critical until it passed the third detector and alerted, as outlined by the National Transportation Safety Board.
When the train passed that last detector, the detector “transmitted a critical audible alarm message instructing the crew to slow and stop the train to inspect a hot axle,” the report said.
By then, the engineer was already trying to slow the train because it was behind another train. Upon hearing the alarm, the engineer increased the application of the brakes, and then automatic emergency brakes initiated, bringing the train to a stop.
When it stopped, the crew “observed fire and smoke and notified the Cleveland East dispatcher of a possible derailment,” the report said.
Thirty-eight cars derailed and 12 more were damaged in the ensuing fire.
The hopper car with the overheating bearing was carrying plastic pellets, which caught fire when the axle overheated, Homendy said.
The placards that designate which cars are carrying hazardous materials — and which she said are "critical in response and in protecting the community," were also made of plastic and melted. NTSB may recommend a different material for the placards.
The focus of the investigation is on the wheelset and the bearings. They are also looking at the design of the tank cars themselves, the accident response, including the venting and burning of the vinyl chloride, railcar design and maintenance procedures and practices, Norfolk Southern’s use of wayside defect detectors, and Norfolk Southern’s railcar inspection practices.
NTSB plans to hold a rare investigative field hearing near the site in the spring with the goals of informing the public, collecting factual information from witnesses, discussing possible solutions and building consensus for change.
Gene J. Puskar/AP Photo
Tanya Snyder
Thu, February 23, 2023
The head of the federal probe into the Ohio train derailment lashed out Thursday at "politics" and "misinformation" she said are clouding the ongoing investigation and expressed her exasperation that vital safety recommendations can be ignored amid the noise.
"Enough with the politics on this," National Transportation Safety Board Chair Jennifer Homendy said Thursday at an update on her agency's probe. "I don't understand why this has gotten so political. This is a community that is suffering. This is not about politics."
She was responding to a question about Donald Trump's visit Wednesday to the derailment site in East Palestine, Ohio, which he used to slam Transportation Secretary Pete Buttigieg and the Biden administration for their response.
"There's a lot of misinformation on what would have prevented this," she said. "Everyone is guessing. I saw it all over media, which was driving me nuts. Those solutions, all of the ones I heard of, are not the solutions."
She hinted at an article that circulated soon after the derailment blaming it on a rule that would have mandated faster brakes on some trains, which was withdrawn in 2017. She said those brakes would not have prevented this derailment or even have significantly reduced its severity.
Homendy said the speculation about cause, much of which is false, is doubly frustrating because once the final report is issued, "we get ignored." Though the NTSB investigates serious transportation accidents, the changes their investigations recommend are not mandated unless an agency or Congress decides to act on them.
NTSB's preliminary report released Thursday showed that the engineer at the controls of the Norfolk Southern train that derailed in Ohio tried to stop the train following a warning about an overheating wheel, but by that time several cars had already come off the tracks.
According to the report, before it derailed, the train passed three detectors intended to alert train crew to physical problems, including overheating wheels. Though the train detectors showed one of the wheels was steadily getting hotter, it did not reach a temperature Norfolk Southern considered critical until it passed the third detector and alerted, as outlined by the National Transportation Safety Board.
When the train passed that last detector, the detector “transmitted a critical audible alarm message instructing the crew to slow and stop the train to inspect a hot axle,” the report said.
By then, the engineer was already trying to slow the train because it was behind another train. Upon hearing the alarm, the engineer increased the application of the brakes, and then automatic emergency brakes initiated, bringing the train to a stop.
When it stopped, the crew “observed fire and smoke and notified the Cleveland East dispatcher of a possible derailment,” the report said.
Thirty-eight cars derailed and 12 more were damaged in the ensuing fire.
The hopper car with the overheating bearing was carrying plastic pellets, which caught fire when the axle overheated, Homendy said.
The placards that designate which cars are carrying hazardous materials — and which she said are "critical in response and in protecting the community," were also made of plastic and melted. NTSB may recommend a different material for the placards.
The focus of the investigation is on the wheelset and the bearings. They are also looking at the design of the tank cars themselves, the accident response, including the venting and burning of the vinyl chloride, railcar design and maintenance procedures and practices, Norfolk Southern’s use of wayside defect detectors, and Norfolk Southern’s railcar inspection practices.
NTSB plans to hold a rare investigative field hearing near the site in the spring with the goals of informing the public, collecting factual information from witnesses, discussing possible solutions and building consensus for change.
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