On February 3, 2023, a Norfolk Southern train carrying a toxic chemical derailed in a small Ohio town of 4,718 called East Palestine. The chemical, namely vinyl chloride, was released into the immediate vicinity of the small town. To prevent a potentially deadly explosion, officials decided a few days later to burn off the rest of the vinyl chloride, causing a huge plume of black smoke that case a pall over area.
The Environmental Protection Agency (EPA) identified four other chemicals (so far) that leaked into the air, water, and soil: butyl acrylate, ethylhexyl acrylate, ethylene glycol monobutyl ether, and isobutylene. If it isn't apparent from their names, all these chemicals are also toxic.
Despite all this, Ohio EPA and Ohio officials claim that the water in East Palestine is safe. Specifically, preliminary studies found that there was "no evidence of contamination." (If you want to look at the water samplings yourself, click here.) The federal EPA similarly claims that the air in East Palestine is safe, although an article published by the Yale School of Medicine warns more data still needs to be collected.
Residents are unconvinced about the safety of the water and air. Videos on TikTok show that the local waterways have a very concerning rainbow sheen. One refers to it as a "chemical shine." Some residents are nervous about adverse health effects, reporting new symptoms of rashes, sore throats, nausea, and headaches. Small farmers in the area are similarly concerned about the effects of the chemicals on their farms and livelihoods.
Fears of contamination have spread across the nation. Giant Eagle, a grocery chain, pulled bottled water off its shelves in five states including Ohio and Pennsylvania because the water was bottled 25 miles from the train derailment. Two Ohio high school basketball teams forfeited games rather than enter the region to play. The wastewater from firefighting efforts in East Palestine are being shipped to the Houston area in Texas, causing concern and uproar among Texas residents and politicians.
Humans aren't the only ones that have been harmed. USA Today reported that more than 43,000 fish and animals have been killed. (Officials say that none of the species were threatened or endangered if that makes you feel any better.) A lawsuit against Norfolk Southern claims that fish and animals are dying up to 20 miles from the derailment site.
So what is being done to remedy this environmental disaster or ensure it doesn't happen again? The short answer: not enough.
The EPA ordered Norfolk Southern to clean up the toxic spill and announced that it will fine the company $70,000 a day for everyday that it doesn't comply. It did so under its authority granted by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
If you're asking yourself: how in the world do you clean up liquid chemicals that have seeped into water supplies? Or, can they even clean it up before it causes more damage? Or even, who decides when the spill is cleaned up "enough?" These are great questions with depressingly unclear answers. The fact is that a massive amount of damage has been done, and a massive of damage is still to come.
Not to mention, what legal recourse is there for people who have already been exposed to the toxic chemicals? Unfortunately, toxic tort injury law is thorny and rarely results in compensation to individual victims. This is only exacerbated by the fact that we still don't know all the health effects of these toxic chemicals which could make it even more difficult to link them back to the East Palestine spill. While it's great that the EPA is attempting to hold Norfolk Southern accountable, it is unlikely that any benefits or remedies will make their way to residents most impacted by the spill.
In the bigger picture, it is highly problematic that almost all environmental laws in this country provide legal bases to stop destruction retroactively rather than enforce measures to prospectively prevent environmental catastrophe. As with the East Palestine spill, by the time an environmental disaster has started, it is usually too late.
I want to suggest legal reforms that prioritize forward-thinking stewardship and sustainability. We cannot continue glorifying profits and endless economic growth at the expense of our environment. We need to accept that some environmental risks are not worth it, and some freedoms need to be restricted. This toxic spill in East Palestine should be a wake up call for everyone, everywhere—not only in a relatively rural place.
2 comments:
Thank you for spreading information on this topic! I cannot believe that a company responsible for such a large chemical spill would only be charged if they did not take action to clean up the spill. Corporations like these should not get away with devastating the environment and instead should be charged on top of their lack of efforts to clean up. The consequences of their actions will go on for years.
This incident reminds me of the lack of consequences for fracking companies. Whose fracking efforts turn drinking water into a surge of flammable chemicals! Our legal system is clearly not doing enough to deter companies from spilling chemicals. The environment needs strong protection, and it is clear from this incident that there are simply insufficient protections!
Thank you for your post! I agree that endless economic growth and profits is contributing to the destruction of our planet. I recently saw this video where politicians went to East Palestine and tried the water to show that it is safe. They didn't even end up drinking it, but just throwing it away. This is to say, that instead of actual care being the motivation to show up for those that live in those communities, there is just posturing/virtue-signaling. I definitely believe in individual changes can help the planet, but I think the biggest threats are these companies that continue to mine, frack, and pollute our waters and land. Adding in the rural dimension, for example, in Arizona, the factories that majorly pollute the environment are located in areas where predominately people of color live, and in rural areas. Thanks for talking about an important topic!
Post a Comment