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Judge allows East Palestine residents to intervene in train derailment lawsuit
Judge John R. Adams allowed East Palestine residents to join the federal lawsuit over ongoing contamination and disputed cleanup after the 2023 train derailment.
On March 9, 2026, U.S. District Judge John R. Adams granted East Palestine residents Robert Figley and Barbara Adams permission to join the federal consent-decree lawsuit against Norfolk Southern, allowing them to raise concerns about environmental testing, contamination, and the proposed settlement.
Residents sought intervention after independent testers found dangerous contamination persists in East Palestine, challenging company and Environmental Protection Agency claims, while whistleblowers alleged flawed sampling ignored wind patterns.
Independent testing and FOIA material show Scott Smith repeatedly found high dioxin levels and records from the Government Accountability Project supported evidence of neglected oversight and worsening contamination.
The intervention could allow EPA whistleblowers their day in court, exposing oversight failures and enabling challenges to testing, settlement adequacy, and data access amid Norfolk Southern and government defendants' opposition.
The timing places the ruling nearly three years after the 2023 derailment, as media coverage and advocacy continue highlighting contamination concerns and testing results, with Lesley Pacey noting emerging cancer clusters.