Judge approves $600 million settlement in fiery Ohio derailment

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A federal judge on Wednesday approved a $600 million class-action settlement offered by Norfolk Southern railroad to all residents living within a 20-mile radius of last year's devastating train derailment in East Palestine, Ohio.

Judge Benita Pearson finalized the agreement after a hearing where lawyers representing the railroad argued that the settlement enjoyed widespread support from residents, according to attorneys for the residents and Norfolk Southern spokesperson Heather Garcia. Roughly 55,000 claims were filed. Only 370 households and 47 businesses chose not to participate.

Those who opposed the settlement were vocal in their concerns that the agreement wouldn't provide sufficient compensation and that the deal was rushed through so quickly that they couldn't fully assess the potential health repercussions from the derailment. They argue that it's difficult to fully understand all the risks, given the way test results have been reported by the EPA and the fact that the lawyers haven't revealed all they learned during their investigation.

The judge's approval paves the way for swift disbursement of payments. The lawyers had previously expressed their hope to send out the initial checks before the end of the year.

Anyone who lived within 2 miles (3.2 kilometers) of the derailment can receive up to $70,000 per household for property damage, along with an additional $25,000 per person for health issues. The compensation amounts decrease progressively for those living farther away from the derailment, reaching as low as a few hundred dollars for those at the outer edges.

“This outcome would not have been possible without the resilience and support of the East Palestine community and the broader group of affected residents and business owners,” the plaintiffs’ attorneys stated. “We are looking forward to beginning the distribution of funds in the coming weeks to help this community rebuild and move forward.”

When the train derailed late on Feb. 3, 2023, tank cars filled with hazardous chemicals ruptured and spilled their contents, igniting a fire just outside the small town located on the Ohio-Pennsylvania border. Three days later, officials made the decision to deliberately vent five tank cars of vinyl chloride and burn the toxic plastic ingredient inside, fearing a potential explosion.

Since the train accident, the railroad company has offered residents and the community $108 million in support and covered the extensive cleanup effort. As part of the agreement, any assistance residents received from the railroad will be subtracted from their final payments.

“We promised to make things right, and this is just one step towards fulfilling that commitment," the railroad stated. "We remain committed to this community for the long term and look forward to continuing our partnership with the Village as we work to support the area's recovery and prosperity.”