EMPORIUM – A prominent environmental lawyer who tried to rally
the citizens of Cameron County to sue Norfolk Southern Railroad
after last summer’s train derailment this week raised the white
flag.
Meanwhile, the Pennsylvania Fish and Boat Commission is
preparing to bring criminal charges against the railroad for
damages resulting when more than 40,000 gallons of lye leaked from
the ruptured tanker cars.
Attorney Stanley N. Alpert, a former federal prosecutor who now
heads the New York-based Alpert Firm, traveled to the area soon
after the June 30 train crash to find plaintiffs willing to join a
class action suit against Norfolk Southern.
“In some communities, when an environmental disaster occurs,
people react with outrage and form organizations to fight against
the injustice,” Alpert said. “Here, very few people approached this
law firm for assistance. As an attorney, I can only respond to
people who seek to have me fight for them; I cannot create in
people the desire to fight injustice.”
Alpert, who rose to prominence for his work with citizen
activist Erin Brockovich, urged residents whose property values
have fallen as a result of the lye spill to pursue a civil action
against Norfolk Southern before a statute of limitations runs
out.
“I remain appalled by the senseless damage thrust upon this
stunningly beautiful community,” Alpert said. “The investigations
and prosecutions by several levels of government are proceeding,
and they certainly seem to be assigning blame to Norfolk Southern,
so there is a strong chance that the railroad’s liability will be
firmly established.”
Norfolk Southern admitted that the train was traveling far above
the posted speed limit when it derailed near Gardeau, not far from
the junction of Cameron, McKean and Potter counties. Sodium
hydroxide, better known as lye, spilled into Big Fill Run, a
tributary to Sinnemahoning Creek, and the surrounding soil.
The Fish and Boat Commission’s lengthy criminal investigation is
winding down, with results being assessed by McKean County District
Attorney John Pavlock. The agency’s technical report contains
detailed information about the loss of aquatic life and a
calculation of the loss of recreational value. Physical evidence
has also been delivered to Pavlock, who has conferred with Cameron
County District Attorney Tommy Tompkins.
The toxic chemical killed all fish and other aquatic life in Big
Fill Run and down through an 11-mile segment of Sinnemahoning
Portage Creek in Cameron County. The spill also killed fish in more
than 25 miles of Sinnemahoning Creek and its Driftwood Branch.
In a separate action, the Pennsylvania Department of
Environmental Protection has charged Norfolk Southern with
violating numerous environmental regulations, and is seeking civil
penalties totaling $8.89 million, plus daily penalties for ongoing
discharges. Norfolk Southern has appealed to the state
Environmental Hearing Board.
The company is continuing soil removal and remediation at the
derailment site.
In a related note, the Fish and Boat Commission announced that
it will restock trout in sections of the Driftwood Branch and
Sinnemahoning Portage Creek. No decision has been reached on
whether to conduct “seed stockings” to help Sinnemahoning Portage
Creek return to its status as a wild, naturally reproducing trout
fishery.
