EPA Says Nonprofit’s Ohio Train Derailment Case Fails Due To Sovereign Immunity

(July 17, 2023, 8:44 AM EDT) -- YOUNGSTOWN, Ohio — The U.S. Environmental Protection Agency has moved in an Ohio federal court to dismiss a lawsuit brought by a nonprofit organization that sued the agency and others for the alleged failure to properly respond to the East Palestine train derailment and the subsequent toxic chemical spill, arguing that the plaintiffs fail to identify a relevant waiver of the federal defendants’ sovereign immunity and that the “jurisdiction-stripping provision” of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) deprives the court of jurisdiction....