NTSB Argues Against Having Third Party Examine Evidence From East Palestine Derailment And Chemical Spill

The NTSB is working to try and prevent a third party from examining evidence in a class action regarding the East Palestine train derailment that wound up spilling noxious chemicals. 

The regulator, supposedly working on the behalf of the American public, using American tax dollars, and overseen by Mayor Pete, has said having a third party examine evidence would “impose an undue burden on the agency’s investigative and financial resources.”

In documents submitted to U.S. Judge Benita Y. Pearson of the Northern District Court of Ohio on Wednesday last week, attorneys representing the NTSB expressed opposition to inspection demands made by OxyVinyls LP, GATX Corp., and General American Marks Co. regarding crash site evidence, WKBN wrote. 

They argued that such inspections would disrupt the active probe into the Norfolk Southern train derailment on February 3, 2023. After a Norfolk Southern train derailment on February 3, 2023 released vinyl chloride, leading to its combustion and a widely broadcasted smoke cloud, evacuations, and numerous lawsuits followed.

Plaintiffs are demanding compensation for economic and emotional distress, with jury selection scheduled for March 31, 2025.

The lawsuits have mostly been consolidated into a class action, with Norfolk Southern suing OxyVinyls LP, GATX Corp., and another company for their roles with the rail cars or chemicals. Norfolk Southern argued these companies should share liability for the damages.

The companies sought to examine the crash evidence on February 7 to prepare their defense. The NTSB has proposed a limited evidence inspection and plans to release all evidence after a June 25 board meeting, concluding the investigation.