A group of residents who objected to a $600 million settlement following the 2023 East Palestine train derailment has asked the U.S. Supreme Court to review a decision that blocked their appeal.

The residents, including the Rev. Joseph Sheely and four others, have filed a petition for what is known as a writ of certiorari. A writ of certiorari is a formal request asking the Supreme Court to hear a case. Because the Supreme Court receives thousands of requests each year but only agrees to hear a small number of them, the writ acts as a petition for the justices to order a lower court to send up the records of a case for review.

The residents are asking the high court to examine whether a lower court can use expensive appeal bonds to stop people from challenging legal settlements.

The dispute began after a federal judge approved a class-action settlement related to the February 2023 Norfolk Southern train derailment. Sheely and others objected to the deal and tried to appeal. However, the district court ordered them to post an $850,000 bond to move forward.

The bond included $25,000 for standard legal costs and $825,000 for administrative expenses that a settlement company claimed would be caused by a delay. Because the residents did not pay the bond, the 6th U.S. Circuit Court of Appeals dismissed their case in November.

In their petition, the residents argue that the bond was designed to prevent them from using their legal right to appeal. They claim the current rules create a system where only wealthy people can afford to have their cases reviewed by a higher court, which they argue violates constitutional equal protection principles.

Attorneys for the residents said the appeals court should have reviewed the bond amount when they first raised concerns through a motion. Instead, the court dismissed the case because the money was not paid.

Lawyers for Norfolk Southern Corporation, Norfolk Southern Railway Company, and the residents who supported the settlement have told the Supreme Court they do not plan to file a response to the petition unless the court specifically asks for one.

The Supreme Court justices will now decide whether to grant the writ of certiorari and hear the case or let the lower court's dismissal stand. If the court refuses to hear the case, the original settlement approval will remain in place.