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A new federal lawsuit claims fish and wild animals are dying as far as 20 miles away from the site of a train derailment and controlled burn of chemicals in East Palestine.
The Sandusky-based Murray & Murray law firm on Thursday filed a class-action complaint on behalf of three East Palestine residents, their relatives and other residents within a two-mile radius of the crash site and property owners within a 100-mile radius. It's one of at least seven lawsuits filed against Norfolk Southern since the Feb. 3 derailment.
While the release of chemicals is believed to have killed about 3,500 fish across 7.5 miles of streams, officials have yet to confirm any nonaquatic wildlife deaths connected to the derailment.
The Columbiana County Humane Society told the Herald-Star in Steubenville that it is compiling reports of sick animals as far as seven miles outside the evacuation zone. And the Ohio Department of Agriculture is testing tissue from a six-week-old beef calf that died Feb. 11 about two miles outside East Palestine, according to the Ohio Emergency Management Agency.
Previous cases:Norfolk Southern faces several lawsuits over East Palestine derailment, chemical release
Vinyl chloride, which was burned in several train cars to avoid a possible explosion, is a gas used to make hard plastic resin in plastic products and is associated with an increased risk of liver cancer and other cancers, according to the federal government's National Cancer Institute.
Officials warned the controlled burn of cars containing the gas would send toxic gas phosgene and hydrogen chloride into the air.
The latest lawsuit, filed in the U.S. District Court's Northern District of Ohio, claims that Norfolk Southern was negligent in its transportation of hazardous material and its response to the derailment. It also holds the company liable for the resulting harm and losses.
"Mass kills of wild animals and fish have been reported as far as 20 miles away from the Derailment Site," it says. "Although mandatory evacuation orders have been lifted and residents have been told that it is safe to return to their homes, plaintiffs and members of their class believe, with good reason, that the prospective dangers from the hazardous exposure are being grossly downplayed and that their health has been and is subjected to injurious toxins."
Norfolk Southern's media relations team said via email that they are "unable to comment on litigation."
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