Whistleblowers and scholars express concern over two new challenges posed by the German government for East Palestine with recent revelations

24 September 2024

Whistleblowers and scientists express concern in two new challenges for the Federal Government for East Palestine with latest revelations

WASHINGTON – Four whistleblowers have come forward to testify in twin cover-up lawsuits about the extent of past and ongoing health hazards from chemical contamination in East Palestine, Ohio, following the Norfolk Southern train derailment in February 2023. The Government Accountability Project today used their revelations as the basis for a supplemental Administration Procedures Act. petition for the Environmental Protection Agency (EPA), its legal Duty to warn residents about the ongoing threat to their community; and a Hotline Complaint to the EPA's Office of Inspector General (OIG) to investigate the agency's misconduct in last year's train derailment. The newly available evidence is now publicly available, just before a Fairness hearing for a controversial settlement in a class action lawsuit regarding Norfolk Southern's liability for the disaster.

At the heart of the case is evidence from EPA records that contradicts its public assurances that there was no significant chemical contamination and explains why residents have reported 95 medical symptoms, including hair and tooth loss.

Although the EPA reported “undetectable” chemicals and carcinogens, the agency's contractor's readings were nearly 100 times higher than health testing limits. The EPA also failed to disclose that levels increased by 1,925% when it deployed “air meters” as a solution to stream pollution.

The new evidence shows that the EPA used a two-part strategy to cover up health hazards: 1) raising the limit used to measure chemical contamination so the EPA could say, “There's nothing to worry about here, no long-term health effects,” and 2) manipulating sampling data and/or using increased reporting limits (“RLs”) to declare dangerous chemicals as undetectable or officially nonexistent. In essence, the EPA shifted the rules of the game to fit Norfolk Southern's narrative.

Citizens Whistleblowers Scott Smith obtained and analyzed the relevant documents. Blacksmith has extensive experience in environmental testing and holds 25 patents, mostly in this area. He has conducted tests on over 60 contamination cases, including 27 investigation trips to eastern Palestine. Although EPA officials consider Smith to be “fake scientist”, The new documents represent a breakthrough in credibility. Stephen Petty, an expert who previously worked for lawyers seeking to settle the class action lawsuit, filed a statement praising Smith's quality control and methodology as meeting professional standards.

Dr. George Thompson, an experienced toxicologist with 55 years of experience and over 20 books and 39 published research articles on hazardous chemicals, criticized the EPA and a toxicologist working with East Palestine's class action attorney for prematurely declaring the area safe. Dr. Thompson is calling for expanded testing and long-term health monitoring. He stressed that the February 2023 fire released or generated 119 chemicals that can cause cancer in 28 different organs, and noted that residents had compiled 95 new symptoms they had suffered since the fire.

Mr Petty, a forensic engineer and environmental pollution expert with over 40 years of experience, also shares Dr Thompson's concerns, arguing that the claim of “no long-term health impacts” is premature and speculative due to the lack of studies assessing human health in Eastern Palestine. He introduced A new, pressing problem is the wind shift during venting and burnout, which shifts the contamination hazard and misses contamination hotspots, as well as the failure to carry out a safe evacuation.

An anonymous expert explained how the EPA and Norfolk Southern's response has still missed nearly 50% of the contamination that accumulates in the sediment around the seawalls. By failing to remove it and replace it with clean soil, they have left a permanent recycling project between the creeks and seawalls due to storms and weather conditions. The constantly re-contaminated water will also continue to flow through underground passageways, bringing the chemicals into backyards and basements.

In addition to the petition calling for corrective action, the Government Accountability Project today filed an accountability complaint with EPA's OIG. The complaint requests an investigation into illegalities, abuse of authority, and gross mismanagement that poses a significant and specific threat to public health or safety.

Tom Devine, legal director of the Government Accountability Project, commented:

“It's not too late to change the truth. The truth is that the EPA and Norfolk Southern failed to take effective action against nearly half of the contamination caused by the accident. That will create a permanent cycle of deadly chemicals between river banks and waterways, including underground canals that spread the chemicals into gardens and basements. The truth is that the EPA has lied to the public and the courts. Not just lies, but big lies. The agency manipulates the rules for what gets reported and erases normal interim reporting. The administration and other apologists continue to insist there was never a serious threat to public health.”

Contact: (email protected)

Government Accountability Project

The Government Accountability Project is the nation's leading whistleblower protection organization. By litigating whistleblower cases, publicizing concerns, and developing legal reforms, the Government Accountability Project's mission is to protect the public interest by promoting government and business accountability. Founded in 1977, the Government Accountability Project is a nonprofit, nonpartisan advocacy organization based in Washington, DC.

###