Pa. attorney general pledges action in response to Gov. Shapiro's 'criminal referral' on East Palestine
HARRISBURG, Pa. (KDKA) - Gov. Josh Shapiro says he wants the state attorney general to examine whether Norfolk Southern has violated any criminal laws in Pennsylvania.
As KDKA political editor Jon Delano reports, the acting attorney general says she's on the case.
On Tuesday, Shapiro urged Acting Attorney General Michelle Henry to take up a criminal referral from the Department of Environmental Protection on Norfolk Southern's train derailment in East Palestine, Ohio.
"I want every Pennsylvanian who is worried right now to know one thing: our administration stands with you. We will make sure you have the information and knowledge you need to keep your family safe, and we will hold Norfolk Southern accountable for their conduct," Shapiro said on Tuesday.
On Wednesday afternoon, KDKA's Jon Delano reached Henry, who said her office has already begun work on this matter.
"We're outraged on behalf of the residents who have suffered the consequences of this catastrophe," said Henry.
"As you noted, we have now received a criminal referral from the Pennsylvania Department of Environmental Protection and are already acting quickly to investigate this incident, gather the facts in evidence, and then of course we're going to evaluate the facts, the evidence, and make a determination under Pennsylvania law."
In an exclusive interview last week, Henry said she wants to hear from Pennsylvanians harmed by the derailment and will hold the railroad accountable if state laws were broken.
Henry: "If they violated Pennsylvania law and we have jurisdiction, we do."
Delano: "And by having jurisdiction meaning it harms someone in Pennsylvania?"
Henry: "Correct."
Delano: "Even though the incident occurred in Ohio?"
Henry: "Correct."
Delano: "Do you know yet whether people have been harmed in Pennsylvania?"
Henry: "It's really too early for me to comment on the specifics on that, but I can assure you we are watching that very closely."
"What I think is important here is for the Pennsylvania attorney general's office to really investigate like what are the facts here," says Myron Arnowitt, the Pennsylvania director of Clean Water Action. "What kind of damage has been done? Did Norfolk Southern act in a way that endangered people during the emergency and resulting clean-up?"
Arnowitt says these are questions a lot of residents are asking, and the criminal referral gives the attorney general the basis to start digging for answers.
"This derailment did impact Pennsylvania air, Pennsylvania water, so this is something that can come under Pennsylvania's jurisdiction. We do have some specific state laws such as our Clean Streams Law is much broader in some ways than the federal Clean Water Act, for instance, in terms of protecting our waters," says Arnowitt.
Henry says her office will be thorough in this process and wants to hear from Pennsylvanians.
"So it's going to take some time, and I would absolutely encourage anybody from that area to reach out to the office of the attorney general if they are experiencing any issues," says the attorney general.
If this becomes a criminal prosecution, the law does allow the state to collect restitution for harmed residents like damages caused on your property by Norfolk Southern's actions.
Residents can also pursue their own civil lawsuits against the railroad – at least ten lawsuits have already been filed, including class action lawsuits that allege the train was back-loaded with too much weight, the accident was not reported promptly and the railroad did not share information about the chemicals.
Some of the lawsuits also ask the court to allow anyone who lives or works within 30 miles of East Palestine to join the class.
Arnowitt says to take your time deciding what to do.
"Proving harm takes a lot of resources, and lawyers who engage in class action work have mixed records. I would not rush into anything, but that is something that I know is worth considering," he says.
Again, no timetable from the state on if and when they may file criminal actions against Norfolk Southern. If you believe you've been harmed by this derailment, let the attorney general's office know right now.