EAST PALESTINE, Ohio -

The East Palestine City School District has filed a lawsuit Wednesday against Norfolk Southern railroad, seeking to recover emergency response costs and compel the company to fulfill what the district says are financial commitments made after the February 2023 train derailment.

The district said the lawsuit, to be filed in federal court in Youngstown, will detail how Norfolk Southern allegedly failed to reimburse costs incurred due to the derailment. These costs include housing and transporting residents displaced by evacuation orders and the use of school facilities by emergency personnel.

The district also contends that Norfolk Southern has not followed through on promises to relocate and rebuild the district’s athletic facilities and construct a community wellness center, projects the district estimates will cost over $30 million.

"The idea of asking young children to contribute their ideas about this incredible facility that was being held out as a way to help this community recover and thrive, to keep students in the district, to maintain that sense of community... that those children have been let down is simply unfathomable," Attorney Ashlie Case Sletvold of the law firm Peiffer Wolf Carr Kane Conway & Wise, said. 

Superintendent James Rook is quoted in a press release accusing Norfolk Southern of "walking away" from the community and the school district after promising they would make it right and would not walk away.

"East Palestine has not recovered from the perception of contamination and long-term health consequences. Student enrollment fell significantly in 2024 and will continue to fall because Norfolk Southern has broken their promise to 'make it right.' The impact on our students is heartbreaking," Rook said.

Sletvold went on to slam Norfolk Southern saying the company made $16 billion in profits because it "pawned off" the costs of the derailment onto the community while "hoarding" its profits.

"Norfolk Southern's eagerness to resume its operations by unnecessarily exploding toxic chemicals to clear the tracks left the schools facing financial instability. Norfolk Southern promised to 'make it right' for East Palestine. It must keep that promise to East Palestine's students," Sletvold said, "Norfolk Southern lied. It lied to the East Palestine Board of Education, and it lied to the children of East Palestine."

The derailment of a Norfolk Southern freight train on Feb. 3, 2023, resulted in the release of over 100,000 gallons of toxic chemicals, prompting widespread concern and disruption in the community.

According to information on Norfolk Southern’s “Making it right” website, the railroad has donated $300,000 to the school district for academics, athletics, extracurricular activities, and long-term planning related to the derailment’s impact.

The website also notes the completion of playground mulching at the elementary school and the provision of transportation for the high school basketball team to a playoff game.

Norfolk Southern provided the following statement in response to questions over the lawsuit: 

  • From the outset, we have been clear about our commitment to do right by the community in East Palestine. 
  • To date, Norfolk Southern has committed more than $1.1 million directly to the East Palestine school system to support the district’s academics, athletics, extra-curricular, and community engagement activities. 
  • Additionally, the company has reimbursed the school district for every invoice for which we have been provided proper documentation. 
  • We remain focused on taking meaningful action that aligns with community priorities