Biden Visits East Palestine, Ohio after Derailment | March 2024
March 2024 | Volume 15, Issue 8
Watch the full video and find the accompanying article from CBS News.
President Biden recently visited East Palestine, Ohio, just over a year after a freight train carrying hazardous materials derailed in the small village near the Pennsylvania state line, and he vowed to hold the railway company Norfolk Southern accountable.
An Act of God Versus an Act of Greed
"There are acts of God," Mr. Biden said. "This was an act of greed that was 100 percent preventable."
Mr. Biden received a briefing from local officials on the recovery efforts and continued response in the aftermath of the derailment and hazardous chemical fire involving a 9,300-foot train with about 150 cars in February 2023. The derailment sparked serious health and environmental concerns for residents, who have expressed frustration over the federal government's response to the crisis.
"I want to continue to hold Norfolk Southern accountable, make sure they make your community whole, now and in the future. And what they do not make whole, what they cannot make whole, what isn't made [whole], the government will make whole. We have an obligation," Mr. Biden said.
East Palestine Residents' Health Concerns
Among the hazardous materials aboard the Norfolk Southern train was vinyl chloride, a substance used to make a variety of plastic products. Crews worked to vent and burn off rail cars carrying the vinyl chloride, which has been associated with an increased risk of various cancers and neurological symptoms, to prevent an explosion.
Although hundreds of residents were evacuated during the vent and burn, some of the residents who had evacuated returned and then started getting symptoms, such as rashes and respiratory problems. A year later, some say they are still suffering health issues.
The president announced six National Institutes of Health grants would fund the study of the short- and long-term impacts of the disaster.
Criticism for Delayed Visit
Mr. Biden's visit, which came at the invitation of Mayor Trent Conaway, comes after he received criticism for not having visited East Palestine until now. Although the administration has noted that officials were on the ground within hours of the derailment, Transportation Secretary Pete Buttigieg likewise drew ire from Republicans for not visiting until nearly three weeks after the crash.
In his remarks after meeting with local leaders, Mr. Biden said there is still a lot of work to do in East Palestine, "but we're going to stay until the very end." But the visit still spurred criticism for coming a year after the derailment occurred.
"Well, obviously we wish he would have come a little bit sooner, but, hey, he's here now and we can use all the help we can get right now. And we did put in for state of emergency and it hasn't passed yet and I don't really know all the details of that, but like I said, any help we can get, we would really appreciate," local resident Christina Dilworth told the media.
Former President Donald Trump, who visited the village weeks after the derailment, called it an "insult" for Mr. Biden to visit East Palestine a year after the incident.
"It was such a great honor to be with the people of East Palestine immediately after the tragic event took place," Trump said in a recent social media post, adding that "Biden should have gone there a long time ago."
During the president's visit, Mr. Biden said he was briefed on the "herculean efforts" of the last year, and pushed back on criticism that his visit to East Palestine comes too late — a year after the derailment occurred.
"My administration was on the ground within hours working closely with the governor, the mayor, the senators and House members, community leaders, to make sure you have everything you need," Mr. Biden said. "My administration ordered Norfolk Southern to clean up the mess it created and ensure it was done right."
Derailment Became a Political Flashpoint
The derailment became a political flashpoint in the days and months following the crash, as Republicans bashed the White House for its response. But the administration has repeatedly made clear that Mr. Biden has been working in coordination with local officials since the incident.
"I've spoken with every official in Ohio, Democrat and Republican, on a continuing basis, as in Pennsylvania," Mr. Biden told reporters in March, when he said he would "be out there at some point."
Addressing Rail Safety
The president also called on Congress to act on rail safety during his visit. A bipartisan rail safety bill that arose in the aftermath of the derailment has been long delayed in the Senate, where it is unclear if enough Republican support exists for the measure to clear a filibuster.
"When trains are carrying hazardous waste, storage tank cars — we argued about this for years — they should be stronger, they should be able to survive crashes without exploding," Mr. Biden said.
He said brakes should "meet higher safety standards" and there should be more staffing on trains.
There were 312 hazardous materials incidents on the nation's rails in 2023, down from 368 in 2022, 636 a decade ago in 2013 and 1,057 in 2000, according to a media analysis of Department of Transportation data. The cost of such incidents was $63.6 million in 2023, compared with $23.9 million in 2022, $22.6 million a decade ago in 2013 and $26.5 million in 2000.
Jennifer Homendy, the chair of the National Transportation Safety Board, informed the media the agency has made hundreds of recommendations that can be taken to improve rail safety, but that rail companies and Congress have yet to move on.
"We're going to issue safety recommendations that I hope are implemented immediately, whether it's through a congressional action, regulatory action, or operator action," Homendy said. "But then there's rail safety generally. We have issued many rail safety recommendations that could be implemented today, that Congress could act on, and I hope they do. For example, we have 190 open rail safety recommendations that we've issued with no action on it right now."
Discussion Questions
According to the article, President Biden has described the subject of disaster as an “act of greed” rather than an “https://www.law.cornell.edu/wex/act_of_god.” What is an “act of God?” Do you agree with the president’s assessment of the disaster, particularly that it resulted from an “act of greed?” Why or why not?
An “act of God” refers to a severe, unanticipated natural event for which no human is responsible. Despite its apparent religious reference, the term is frequently used in secular statutory and case law.
Clearly, the subject case does not involve an act of God. Whether it involves an “act of greed” by the Norfolk Southern railway company is subject to interpretation and subjective opinion.- Are there tort implications from this disaster? Explain your response.
There are most certainly tort implications from the subject disaster. A tort is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability. Negligence is a specific type of tort that refers to the failure of the defendant to do what a reasonable person would have done under the same or similar circumstances.
To establish negligence, the plaintiff in a tort case must prove by a preponderance (i.e., the greater weight) of the evidence, that:
The defendant owed the plaintiff a duty of care;
The defendant breached the duty of care;
The defendant caused the plaintiff’s harm; and
The plaintiff experienced resulting damages (economic and/or physical).
Conceivably, anyone who experienced economic and/or physical damages caused by the defendant Norfolk Southern’s wrongful conduct has a cause of action in this case. The plaintiffs can file an individual action for recovery, or they can participate collectively in a class action (assuming a class action is certified by the court).
Ultimately, there could be thousands of plaintiffs involved in this case, and the resulting damages could be in the hundreds of millions (or even more). - Aside from the judiciary’s involvement, is this an issue that is best resolved by the National Transportation Safety Board (NTSB) or the U.S. Congress? Explain your response.
This is an opinion question, so student responses may vary.
The National Transportation Safety Board (NTSB) is an independent federal administrative agency charged by the U.S. Congress with investigating significant events occurring in railroad, as well as other forms of, transportation. Based on its investigatory authority, the NTSB determines the probable cause(s) of transportation accidents and events and issues safety recommendations aimed at preventing future occurrences. Additionally, the NTSB conducts transportation safety research studies and offers information and other assistance to family members and survivors of each accident or event it investigates.
For more information regarding the mission and the authority of the NTSB, please see the following internet address:
In terms of the prospects of Congressional involvement in effectively addressing this issue, your author is not optimistic. The intransigence of the U.S. Congress in recent years is well-established; for example, the article references a bipartisan rail safety bill that arose in the aftermath of the derailment that has been long delayed in the Senate.
It is important to remember that the fundamental constitutional duty of Congress is to make law that advances the interests of the people. All legislative power in the government is vested in Congress, which means that it is the only branch of government that can make new laws or change existing laws.