Controversy Surrounding Environmental Testing in East Palestine, Ohio

In the aftermath of the 2023 train derailment and the subsequent burning of vinyl chloride in East Palestine, Ohio, there was significant concern about environmental contamination. Esteemed exposure-warnings expert Stephen Petty investigated the soil and water, providing his expertise to class-action attorneys during settlement negotiations with Norfolk Southern. Despite reaching a $600 million settlement, the attorneys did not disclose Petty’s findings, even to their own clients. NewsNation has since obtained and reported on these results and spoke with Petty about the impacts.

Testing Reveals Contamination Concerns

Petty informed NewsNation that the soil in East Palestine contains carcinogens exceeding screening levels. He noted the presence of dioxins and polycyclic aromatic hydrocarbons (PAHs), which are highly carcinogenic, at elevated levels. According to Petty, the contamination surpasses the cancer-screening levels set by the Environmental Protection Agency (EPA), necessitating further testing and remediation efforts.

Somewhere between 50% and 70% of the data points exceeded screening levels for cancer, requiring action and further analysis, Petty stated.

Independent testing by Scott Smith, another expert, confirmed elevated dioxin levels. Both experts, who are represented by the Government Accountability Project, have described the suppression of these findings as astounding. They found that a significant portion of testing results surpassed EPA cancer screening levels.

Residents Unaware of Test Results

Residents allege they received misleading information from their attorneys. Beth Kosar, a resident, shared that Petty’s test results were kept secret, under the claim they might damage the case. Linda Murphy added that she was told the contamination levels were not severe enough to impact the $600 million settlement.

An audio recording from a meeting with the lawyers revealed statements suggesting the chemical levels were not significantly harmful or sufficient for long-term health monitoring claims.

Austin Druckenbrod, another resident, expressed disbelief in the dismissal of results from Petty and Smith when he questioned his lawyers about the tests, which he felt could have hidden truths about the exposure.

Expert Videos and Changed Representation

Despite keeping Petty’s results from residents, the attorneys showed a video by toxicologist Dr. Arch “Chip” Carson, who assured there would be no long-term health impacts from the exposure following the derailment. Petty countered these claims, stating that downplaying the presence of carcinogens is inaccurate.

New legal representation has emerged for residents trying to withdraw from the settlement. Attorney Mindy Bish is advocating for these residents, pointing to developing cancer cases in the community and challenging initial lawyer claims about Petty’s results.

The request to reopen the settlement was initially denied, but nearly 90 residents are appealing, citing fraud and misrepresentation by the original class counsel. They contend that critical health risk data was withheld, influencing their decision to accept inadequate settlements.

As one resident, Druckenbrod expressed, I believe I was manipulated. I believe there was fraud, highlighting the ongoing battle for accountability and clarity concerning the environmental and health impacts in East Palestine.