On Feb. 3, 2023, a train carrying chemicals jumped the tracks in East Palestine, Ohio, rupturing railcars filled with hazardous materials and fueling chemical fires at the foothills of the Appalachian Mountains. The Defendant Norfolk Southern Railway Company (“NSR”) was held responsible for the train derailment and chemical spill (vinyl chloride), which adversely affected not less than 500,000 people. It necessitated immediate evacuation of all homes and businesses in an approximate one-to-two-mile radius of the Site.
EPA’s handling of chemical testing was called into question in the wake of the derailment, which has led to serious personal and professional repercussions. As a result, multiple whistleblowers came forward to testify to the Environmental Protection Agency’s (EPA) investigation and potential manipulation of data collection regarding chemical contamination in East Palestine.
Scott Smith, for instance, conducted multiple rounds of testing in and around East Palestine to come up with evidence of significant environmental contamination. Testimony from forensic engineer and environmental contamination expert, Stephen Petty, has validated independent data collected by Government Accountability Project client Scott Smith.
Environmental Engineering Expert Witness
Stephen Petty is currently President of Engineering & Environmental Services, Inc. (EES). He also served as an Adjunct Professor at Franklin University, where he taught courses in environmental and earth sciences. Prior to starting EES Group, Inc. in 1996, Petty was the Manager of Residential and Commercial Technology at Columbia Energy and a Senior Research Engineer at Battelle. He has 32 years of forensic engineering, health and safety, environmental engineering, and energy experience.
Discussion by the Court
Since the derailment, Smith has traveled to East Palestine 27 times and has conducted 31 rounds of testing on homes, soil, and water. His work revealed dangerous levels of dioxins and furans in the town’s air, water, soil, and homes, which counters the EPA narrative that it is safe to live in East Palestine.
Some EPA staffers had dismissed Smith as a “fake scientist,” while class counsel told the Court that misinformation has been spread about the settlement including “inaccurate commentary attributable to Scott Smith, a non-class member with no formal scientific or medical training or education.”
Petty, an expert who previously worked for attorneys pursuing the class action settlement, submitted a declaration validating his environmental testing and sampling work. He praised Smith’s quality control and methodology as meeting professional standards.
This new filing by Petty substantiated Smith’s credibility, pointing to the lack of human health assessment studies in East Palestine.
Held
Plaintiffs’ attorneys own testing expert validated Scott Smith’s data and methodologies.
Key Takeaway:
Despite facing personal and professional challenges, Smith stood up for the health of the East Palestine community. He provided concrete evidence that the EPA is altering data to downplay the dangers.
Case Details:
| Case Caption: | In Re: East Palestine Train Derailment |
| Docket Number: | 4:23cv242 |
| Court: | United States District Court, Ohio Northern |
| Declaration Date: | September 24, 2024 |
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