More than a year after a Norfolk Southern freight train derailment dumped hazardous chemicals into East Palestine, Ohio, activists are still calling on the federal government to enact tougher railroad safety measures.
On Feb. 3, 2023, 38 cars on a Norfolk Southern freight train carrying hazardous chemicals derailed in East Palestine, resulting in evacuations within a 1-mile radius. Several of the railcars burned for more than two days, and emergency crews conducted a controlled burn of several railcars which released hydrogen chloride and phosgene into the atmosphere.
Misti Allison, an East Palestine resident and member of Moms Clean Air Force, said new leadership at Norfolk Southern should be considered necessary for holding the company accountable.
“From President Biden, to the FRA [Federal Railroad Administration], to the NTSB [National Transportation Safety Board], all the way down to the residents of East Palestine, I think we all agree that there needs to be an increased focus on safety to ensure that this type of derailment disaster doesn’t happen again,” she said.
During his visit to East Palestine on Feb. 16, President Joe Biden described the derailment disaster as “preventable,” emphasizing the need for federal oversight to hold Norfolk Southern accountable and to restore the East Palestine community. He criticized the company for its failure to address safety measures adequately, stating, “Let me be clear: While there are acts of God, this was an act of greed that was 100 percent preventable… Norfolk Southern failed its responsibility.”
This stance appears to conflict with a letter sent by FRA Administrator Amit Bose to Norfolk Southern’s CEO on Feb. 21, praising the company’s safety efforts and success in addressing safety concerns amidst investor activism, thus presenting a seemingly contradictory narrative within the administration.
“I particularly commend your commitment to investing in safety as those investments are imperative for continuing the unique progress your railroad has made; early data for 2023 suggest that [Norfolk Southern] was the only Class 1 railroad to achieve significant reductions in the rate of mainline derailment this past year,” Bose wrote.
The letter concludes with the statement that “Any backsliding, as a result of a change in leadership or otherwise on the safety-oriented path you have laid out and communicated to us will likely attract renewed oversight attention from my office as we pursue our safety mission.”
Bose’s letter came just one day after an investor group led by Ohio-based Ancora Holdings Group, which owns a large equity stake in Norfolk Southern, announced the nomination of eight independent candidates to Norfolk Southern’s Board of Directors. Ancora’s investor group proposed a management team that includes former United Parcel Service Chief Operating Officer Jim Barber, Jr. as CEO, former Executive Vice President of Operations at CSX Jamie Boychuk as COO, and former Ohio Gov. John Kasich, among others.
“Our slate and proposed management team believe they have the experience and strategy required to turn Norfolk Southern into a safer, more sustainable railroad that is growing profitably while also yielding more stability for customers and employees,” Ancora said.
However, on Feb. 26 Norfolk Southern rejected Ancora’s nominees and instead announced its own slate of 13 nominees for the upcoming 2024 Annual Meeting of Shareholders, including two new independent director candidates, Richard H. Anderson, former CEO of Amtrak and Delta Air Lines, and Heidi Heitkamp, former U.S. senator from North Dakota.
From local activist Allison’s perspective, “Evaluating potential leadership changes at an organization is not ‘backsliding’ but rather an exercise of due diligence to ensure that an organization is making it right for its shareholders, its employees and customers, and the communities it serves,” she said.
And even more should be done. Legislation proposed after Allison testified on Capitol Hill about the derailment is one way to prevent similar accidents.
The Railway Safety Act of 2023, led by U.S. Sens. J.D. Vance (R-OH) and Sherrod Brown (D-OH) would enact stronger safety standards for trains carrying hazardous materials and mandate two-person crews for all freight trains, while limiting train length and increasing the maximum fines for violating safety regulations.
“In March 2023, I testified before Congress, pushing for strong protections that would prevent a similar tragedy from ever happening and ensuring that East Palestine is not forgotten,” Allison said. “Nearly a year later, the Railway Safety Act of 2023 has not even made its way to the Senate floor. This is totally unacceptable. Congress must pass and sign the Railway Safety Act of 2023 into law to improve train inspections and mandate that more trains be subject to stringent safety requirements. That isn’t going to completely solve the problem, but it is a start.”
Improved safety must be addressed, she said, and must hold freight railroads accountable when derailments and hazardous chemical spills happen.
“For decades, Norfolk Southern and other rail companies have fought against safety rules and sought to reduce costs – all in the name of profit,” she said. “Businesses shouldn’t be allowed to put families like mine at risk. They must be held accountable. Americans need to be protected from further catastrophes with bipartisan support from our elected officials. Norfolk Southern and other rail companies must have leadership that values safety above all else.”
Allison said that while Norfolk Southern will soon finish its clean-up efforts, the lingering impact of the derailment will affect her town for years.
“This horrific, preventable accident put a huge scarlet letter on our town that will have lasting impact for years to come,” she said. “Norfolk Southern has repeatedly said that they will ‘make it right,’ but who determines what is right in a situation like this? Does the upgraded village water system make it all better? And will the ‘Home Value Assurance Program’ put us at ease? The company’s pledged $25 million park upgrade will be nice. But if given the choice, we all would prefer that this catastrophe never happened at all.”