Norfolk Southern Corporation Officers and Directors Face Shareholder Investigation for Potential Wrongdoing Related to February 2023 East Palestine Train Derailment Which Resulted in $803M in Charges
We are investigating potential shareholder derivative claims on behalf of shareholders of Norfolk Southern Corporation (NYSE: NSC).
On February 3, 2023, a Norfolk Southern train derailed in East Palestine, Ohio, releasing toxins and other combustible liquids, which ultimately led to a controlled burn of toxic chemicals. The derailment prompted the evacuation of residents from the surrounding area. Upon returning to their homes, residents reported hazardous air quality and other health and environmental concerns.
On February 8, 2023, Ohio Governor Mike DeWine stated that Norfolk Southern “created the problem” and that it was “their liability” and “ought to pay for it.” On February 21, 2023, the U.S. Environmental Protection Agency ordered Norfolk Southern to clean up the site, stating that it “will pay for cleaning up the mess they created and for the trauma they’ve inflicted on this community.” The National Transportation Safety Board’s preliminary report stated that the derailment was 100% preventable, and it later opened a special investigation into Norfolk Southern’s safety practices because it had experienced five significant accidents since December 2021. On March 14, 2023, Ohio Attorney General Dave Yost filed a complaint against Norfolk Southern alleging a wide range of violations in connection with a series of Norfolk Southern train derailments. On March 16, 2023, purchasers of Norfolk Southern stock filed securities fraud class action claims against the company. On March 31, 2023, the U.S. Department of Justice sued Norfolk Southern seeking penalties and injunctive relief for the unlawful discharge of pollutants, oil, and hazardous substances under the Clean Water Act, and declaratory judgment for past and future costs under the Comprehensive Environmental Response, Compensation, and Liability Act.
The Schubert Firm is investigating potential wrongdoing by Norfolk Southern’s officers and directors in connection with these allegations. Norfolk Southern previously recognized $387 million in expenses related to these matters, and on July 27, 2023 announced another $416 million charge, for a total of $803 million.
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