Despite Norfolk Southern’s assertions that it would make things right in East Palestine — after a derailment back in February 2023, the company appears to continue to resist doing so. Most recently, it filed motions in federal court seeking to EXCLUDE expert testimony presented by the state of Ohio and the United States as part of ongoing litigation.

The proposed $315 million federal settlement between Norfolk Southern and the U.S. Department of Justice is still pending.

Among the challenged witnesses are three medical doctors who support Ohio’s effort for a long-term medical monitoring program for affected residents. The company also questions the qualifications of those weighing in on mechanical inspections and wayside detection systems, and a cost-damage expert.

Norfolk Southern also wants the court to strike pieces of evidence including the Ohio EPA incident-investigation report.

Ohio Attorney General Dave Yost notes the Ohio EPA report was prepared according to standard procedures, provided promptly after completion AND that Norfolk Southern had access to all the same data throughout the investigation.

These stalling tactics come as Norfolk Southern officials have no reason to worry members of Congress will move on railway safety reform any time soon, though residents of the affected community still assert the derailment (and subsequently released chemicals) directly harmed their property, health and livelihoods.

Yost has argued one already-agreed deal awaiting approval is premature and may not fully compensate residents.

These disputes and delays seem designed to ensure those residents may never see things made right for them. But we are approaching three years since the derailment. Federal judges may need to act simply to discourage more such delays before the wheels of justice grind to a halt entirely.