The United States Department of Justice has filed a lawsuit against Norfolk Southern Railway for alleged violations of the Clean Water Act and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
The lawsuit claims that Norfolk Southern failed to prevent the discharge of oil and hazardous substances into the waters of the United States, resulting in environmental harm and potential risks to public health.
The government is seeking civil penalties of $55,808 per day or $2,232 per barrel of oil or unit of hazardous substances, per violation of the Clean Water Act.
According to the lawsuit, the company violated Section 311 of the Clean Water Act, which requires companies to prevent the discharge of oil and hazardous substances into navigable waters.
The government is also seeking a declaratory judgment that Norfolk Southern is liable for all of the United States’ CERCLA response costs that are not inconsistent with the National Contingency Plan.
The lawsuit also seeks an order requiring the company to take actions to ensure the safe transport of oil and hazardous materials, as well as to remedy and mitigate the harm caused by the alleged violations of the Clean Water Act.
The lawsuit states: “Order Defendants to take such actions as may be necessary to ensure safe transport of oil and hazardous materials, hazardous substances, pollutants, and contaminants. Order Defendants to take appropriate actions to remedy, mitigate, and offset the harm to public health and the environment caused by the violations of the Clean Water Act alleged above.”
The government is asking the court to award it the costs of the lawsuit and to grant any other relief it deems just and proper.
The alleged violations caused harm to the environment, including to fish and other aquatic life.
