** BREAKING NEWS District Judge Grants Motion to Intervene in Federal Consent Decree Against Norfolk Southern. Major Implications For Other Chemical Disaster Impacted Communities **
FILE #049 PART #004 03/10/26 -Akron, OH
"District Judge Grants Motion to Intervene in Federal Consent Decree Against Norfolk Southern" - press release from@Government Accountability Project/ Lesley Pacey
March 9, 2026
District Judge Grants Motion to Intervene in Federal Consent Decree Against Norfolk Southern
Akron, OH—Today, a District Judge for the Northern District of Ohio granted a Motion to Intervene on behalf of East Palestine residents Robert Figley and Barbara Adams in a major federal lawsuit against Norfolk Southern after the 2023 train derailment. This development is a huge step towards bringing much needed remedies to this community.
In November 2025, attorney Jedidiah I. Bressman of Keenan Law submitted the Motion to Intervene on behalf of residents Robert Figley and Barbara Adams to bring transparency, accountability, and improved health protections to a community still suffering nearly three years after the disaster. Government Accountability Project offered evidence to this motion that helped inform the concerns raised by the intervenors. The information featured Freedom of Information Act documents showing the town had been neglected by federal officials while chemical contamination only worsened, based on scientific data collection by independent scientist and whistleblower Scott Smith. Evidence also included a declaration from whistleblower and Certified Industrial Hygienist Stephen Petty stating Norfolk Southern ignored prevailing wind patterns and collected baseline dioxin samples from areas impacted by the toxic plume, potentially skewing results and undermining the reliability of the soil testing.
District Judge John R. Adams' granting of this Motion paves the way for the intervenors to join ongoing litigation against Norfolk Southern, enabling them to raise concerns about environmental testing and contamination levels in Ohio and western Pennsylvania, as well as the adequacy of the proposed settlement affecting the East Palestine community. This step forward is the hope that this close-knit community will be able to put the disaster behind them.
"Residents of East Palestine have been suffering for years, and evidence already points to emerging cancer clusters and ongoing contamination concerns. Today's decision could open the door for discovery that can bring the truth to light," stated Government Accountability Project Senior Environmental Investigator, Lesley Pacey. "We are deeply grateful to Judge Adams for ensuring that the voices of East Palestine residents will be heard in this case and to Melinda Young, Mindy Bish and Jedidiah Bressman of Keenan Law."
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