Judge Allows East Palestine Residents to Intervene in Train Derailment Lawsuit

Residents say they are suffering health problems after being told it was safe to return home.

Mar. 10, 2026 at 7:35pm

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A federal judge has allowed residents of East Palestine, Ohio, to intervene in a lawsuit between the federal government and Norfolk Southern over the 2023 train derailment in their town. The residents say independent tests have revealed dangerous contamination persists in the area, contradicting claims from the company and the EPA that the region is safe.

Why it matters

The judge's decision gives East Palestine residents a chance to present evidence, including whistleblower testimony and independent test results, that have been previously dismissed or ignored. This could reveal failures in the government and Norfolk Southern's handling of the derailment and its aftermath, and challenge the narrative that the area was safe for residents to return to.

The details

After the Norfolk Southern train derailed in East Palestine in 2023, the federal government sued the company and agreed on a deal to cover cleanup costs and provide health monitoring. However, the judge has now allowed residents to intervene in the lawsuit, after independent tests revealed dangerous contamination persists in the area. This contradicts claims from Norfolk Southern and the EPA that the region is safe. Whistleblower testimony has also alleged that Norfolk Southern ignored wind patterns and collected baseline dioxin samples from impacted areas, potentially skewing results.

  • The train derailment in East Palestine occurred in 2023.
  • The federal government sued Norfolk Southern after the derailment and agreed on a deal.
  • The judge has now allowed East Palestine residents to intervene in the lawsuit.

The players

East Palestine Residents

Residents of East Palestine, Ohio, who say they are suffering health problems after being told it was safe to return home following the 2023 train derailment.

Norfolk Southern

The company that owned the train that derailed in East Palestine in 2023.

Environmental Protection Agency (EPA)

The federal agency that claimed the East Palestine region was safe for residents to return to after the derailment.

Scott Smith

An independent scientist who has repeatedly found high levels of dioxins throughout East Palestine.

Mindy Bish

An attorney representing the East Palestine residents in the lawsuit.

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What they’re saying

“What this means is that independent testing that has never seen the light of day in a courtroom will now see the light of day. EPA whistleblowers who have never had their day in court will have their day in court.”

— Mindy Bish, Attorney

“Once this evidence comes out fully, it'll reveal the failures of the EPA and the United States in overseeing and being involved in the testing and the problems with the testing that was done.”

— Mindy Bish, Attorney

“You're going to have the U.S. government and the state of Ohio basically admitting they were wrong.”

— Mindy Bish, Attorney

What’s next

The judge's decision allows the East Palestine residents to present their evidence in court, which could challenge the government and Norfolk Southern's claims about the safety of the area. This could lead to further legal action and scrutiny of the handling of the derailment and its aftermath.

The takeaway

The judge's decision to allow East Palestine residents to intervene in the lawsuit highlights the ongoing concerns and distrust within the community over the safety of their town following the 2023 train derailment. It sets the stage for a potential reckoning over the government and Norfolk Southern's response to the incident and the transparency of the testing and cleanup efforts.