THEY HAVE BEEN OFFERING CHECKS,
RELATIVELY MEAGER CHECKS TO
RESIDENTS WHO WILL ACCEPT THEM.
THE READ FROM OHIO’S ATTORNEY
GENERAL.
GENERAL, NICE TO HAVE YOU AND
THANK YOU FOR YOUR TIME.
FIRST YOUR REACTION NORFOLK
SOUTHERN NOT BEING AT THIS TOWN
EVENT LAST NIGHT.
DO YOU THINK IT SHOULD HAVE
BEEN?
>> ABSOLUTELY.
THIS COMPANY HAS RESOURCES IF
THEY’RE WORRIED ABOUT SECURITY,
LET THEM BRING SECURITY.
TO THUMB THEIR NOSES AT PEOPLE
OF THIS TINY TOWN AFTER WHAT’S
HAPPENED WAS TONE DEAF AT BEST.
NEIL: THERE HAD BEEN TALK THAT
YOU WERE LOOKING AT LEGAL
OPTIONS HERE IN REGARD TO
NORFOLK SOUTHERN.
CAN YOU UPDATE US WHAT YOU’RE
PLANNING, WHAT YOU’RE
CONSIDERING?
>> THERE ARE OF COURSE A LOT OF
FEDERAL PREEMPTION ISSUES HERE.
I’VE GOT A TEAM OF LAWYERS
EXAMINING WHAT THE STATE’S
OPTIONS WOULD BE IN COURT.
WE ALSO SENT A LETTER, WHAT IS
CALLED A LITIGATION HOLD LETTER,
TO NORFOLK & SOUTHERN LETTING
THEM KNOW WE WERE CONSIDERING
LEGAL ACTION AND TELLING THEM TO
PRESERVE THEIR DOCUMENTS, THEIR
EMAILS, THEIR TEXTS ET CETERA,
THINGS THAT MIGHT BE EVIDENCE IN
A LAWSUIT.
NEIL: NOW THEY HAVE SAID,
ATTORNEY GENERAL, THAT THAT THEY
DIDN’T HAVE TO NOTIFY OR GIVE A
HEAD’S UP TO LOCAL AUTHORITIES
OR ANYONE THEY PASSED ALONG THIS
TRAIN’S ROUTE BEFORE IT DERAILED
ON FEBRUARY 3rd.
THAT THEY WERE CARRYING
HAZARDOUS MATERIAL SINCE ONLY
ONE, MAYBE TWO OF THE CARS WERE.
SO THE NORMAL PROTOCOLS THERE TO
GIVE COMMUNITIES A WARNING
DIDN’T APPLY.
DO YOU KNOW LEGALLY IF THAT’S
TRUE?
>> WELL THAT A IS A FACT ALL
QUESTION I’M NOT PREPARED TO
ACCEPT THEIR ASSURANCES ON IT.
WE WILL BE LOOKING AT PRECISELY
WHETHER THERE WAS COMPLIANCE
WITH APPLICABLE FEDERAL LAW.
LOOK IF THE FEDERAL LAW DIDN’T
REQUIRE THAT KIND OF NOTICE,
THEN THE FEDERAL LAW IS WRONG,
IT NEEDS TO BE CHANGED.
I KNOW THE GOVERNOR HAS BEEN IN
CONTACT WITH OUR SENATORS, OUR
CONGRESSIONAL DELEGATION TO TALK
ABOUT THAT VERY THING.
NEIL: MANY, AS YOU KNOW,
ATTORNEY GENERAL, CRITICIZED THE
TRANSPORTATION DEPARTMENT’S SLOW
RESPONSE TO THIS GOING ALL THE
WAY UP TO PETE BUTTIGIEG AND
THAT SHOULD BE PART OF WHATEVER
ACTIONS YOU’RE TAKING, THAT THEY
LET YOU DOWN.
>> YEAH, LOOK, I TALKED TO THE
MAYOR THIS MORNING BY TELEPHONE
AND HE TOLD ME THAT, NOT ONLY
WAS THE SECRETARY NOT THERE LAST
NIGHT, THERE WAS NOBODY, THERE
WAS NO REPRESENTATIVE HOWEVER
FAR DOWN THE CHAIN OF COMMAND.
I’M KIND OF CONCERNED AT THIS
POINT AS AN OHIOAN AND AS
AMERICAN A PATTERN OF CONDUCT.
WHEN WE HAVE THE SUPPLY CHAIN
SNAFU IN 21 AND ’22 BUTTIGIEG
DID STEP UP.
WHEN WE HAD THE MELTDOWN IN AIR
TRAVEL OVER CHRISTMAS HE WAS
NOWHERE TO BE FOUND.
NOW HE IS ONCE AGAIN NOT
STEPPING UP.
HE DIDN’T EVEN ISSUE ANY, EVEN A
TWEET FOR THE FIRST 10 DAYS
AFTER THIS HAPPENED LOOK, IF YOU
CAN’T STEP UP, IT IS TIME TO
STEP DOWN.
NEIL: DO YOU HAVE THE LEGAL
POWER TO SUE THE FEDERAL
GOVERNMENT, TO SUE IN THIS CASE
A FEDERAL AGENCY DOWN TO THE
TRANSPORTATION DEPARTMENT ITSELF
>> THERE ARE VERY FEW THINGS
WHERE THE STATE CAN SUE THE
FEDERAL GOVERNMENT.
THE FEDERAL GOVERNMENT CONTROLS
WHETHER IT CAN BE SUED BUT YOU
CAN BE SURE THAT WILL BE AMONG
THE LIST OF THINGS THAT OUR
LAWYERS ARE LOOKING AT.
VERY CONCERNED ABOUT THE LACK
OF, AT LEAST A VISIBLE RESPONSE
AT THIS POINT NOW TWO WEEKS INTO
THIS DISASTER.
NEIL: GENERAL, IS THERE ANY RISK
ON THE PART OF THE GOVERNOR,
MAYBE UNINTENTIONALLY TELLING
PEOPLE BOTTLED WATER IS SAFER
BET FOR THEM BUT EVERYTHING ELSE
IS FINE YOU CAN STAY WHERE YOU
ARE, IF IN FACT IT TURNS OUT TO
BE A 9/11 SITUATION WHERE WE
LATER DISCOVER CONDITIONS WOULD
BE QUITE HAZARDOUS, AND WOULD BE
QUITE HAZARDOUS DOWNED ROAD?
>> LOOK THE GOVERNOR HAS THE
EPA, THE HEALTH DEPARTMENT, THE
BEST SCIENTISTS, THE BEST
INFORMATION.
NEIL: I KNOW THAT BUT THE EPA
WAS THE SAME ONE GIVING THOSE
ASSURANCES, TELLING WORKERS ON
THE SITE OF WHAT WAS THE
WORLD TRADE CENTER THAT
CONDITIONS WERE SAFE.
I’M NOT BLAMING OR TARGETING
THEM BUT THINGS CHANGE AND WE
GET NEW REVELATIONS.
>> WELL, THAT’S A FAIR QUESTION
I SUPPOSE.
AND I WOULD ADD, IF YOU’VE GOT A
PRIVATE WATER SOURCE AND ARE NOT
ON THE MUNICIPAL WATER SOURCE
YOU PROBABLY GO AHEAD TO GET
YOUR OWN PRIVATE TESTING OF YOUR
WELL.
NEIL: GOT IT.
THE ATTORNEY GENERAL FOR THE
STATE OF OHIO.
THANK YOU, SIR.