In East Palestine, Ohio, NTSB probes issues in Norfolk Southern derailment

On the night that a Norfolk Southern train carrying hazardous materials derailed in East Palestine, Ohio, it took nearly an hour for first responders there to find out what chemicals were on board.

That was one of the revelations made public Thursday, the first of two days of hearings in East Palestine held by the National Transportation Safety Board on the Feb. 3 derailment involving the Atlanta-based railroad.

Emergency responders were trying to get a record known as the “train consist” — which lists the rail cars and their order in the train — as the fire from the derailment blazed, firefighters responded to the scene and first responders considered evacuating residents.

Ultimately, the derailment led to one of the biggest evacuations from a U.S. rail accidents in years. State and federal officials have indicated the air and water are safe. But there are residents in the area that have fears about the long-term impact of their health from the chemicals released including vinyl chloride, which in the long term with severe exposure can cause several cancers.

“The train derailment has quite frankly changed East Palestine forever, has disrupted lives, impacted businesses and created uncertainty,” said East Palestine fire Chief Keith Drabick during his testimony.

NTSB Chair Jennifer Homendy said it’s rare for the agency to hold field hearings, but the decision was made to hold the proceedings in East Palestine instead of in Washington, D.C., because “the people affected by this derailment deserve as much insight as possible” and “so members of the public can hold the NTSB accountable for conducting a fair, thorough and independent investigation.”

—The Atlanta Journal-Constitution

3M makes $10.5 billion settlement in ‘forever chemical’ cases involving drinking water

3M on Thursday announced a $10 billion-plus national settlement of “forever chemical” lawsuits involving drinking water, a significant step in reducing a litigation overload that has punished the company’s stock.

The agreement, which requires court approval, is by far the largest settlement 3M has made over its PFAS chemicals — and one of the largest mass tort settlements in recent U.S. history.

Previously, the largest 3M settlement was an $850 million agreement in 2018 to settle PFAS water pollution claims in Minnesota.

Under the settlement announced Thursday, 3M will pay $10.5 billion to $12.5 billion from 2024 through 2036, according to a company filing with U.S. securities regulators. The company expects record a $10.3 billion charge to its profits during the second quarter to recognize the settlement.

While the settlement covers a swatch of cases, the company still has myriad claims still pending.

The new settlement pivots on a big federal court case in Charleston, South Carolina, where scores of cities and water agencies have sued 3M over firefighting foam made with PFAS, known as forever chemicals, which have tainted groundwater nationwide.

The agreement resolves all drinking water claims by public water suppliers in the South Carolina case, 3M said.

But it also covers current and future drinking claims by public water suppliers who allege PFAS contamination from all sorts of products made with 3M’s forever chemicals. And it provides water suppliers with money for testing and treatment technologies.

—Minneapolis Star Tribune

Senate Democrats reject measure to block pistol brace rule

WASHINGTON — Senate Democrats voted down a joint resolution Thursday that sought to block a Biden administration rule that toughens regulations on firearms with stabilizing braces.

The 49-50 party-line vote on the Republican-backed measure, which passed the House but faced a veto threat from President Joe Biden, is the latest clash between GOP lawmakers and the administration over efforts to address gun violence and mass shootings.

Regulators took action on brace-equipped firearms after the devices were used in multiple mass shootings. Democrats say the regulation is needed to prevent more deaths and the rule helps protect the public from dangerous weapons that are more concealable than long guns.

Republicans contend the regulation violates Second Amendment rights and would expose unknowing gun owners to criminal liability. They also argue the Bureau of Alcohol, Tobacco, Firearms and Explosives has given conflicting messages in the past on the topic.

Republican Sen. John Kennedy of Louisiana tore into the rule during a debate Thursday and even showed off a pistol brace on the Senate floor to make his point, saying the device was created to help people who are disabled. The pistol brace rule is simply a way to subject pistols to more “smothering” regulations, he said.

Senate Majority Leader Charles E. Schumer of New York scolded Republicans for supporting the joint resolution, saying the pistol brace accessory modifies an AK-style pistol so it functions like a short-barreled rifle. Assailants in mass shootings have been aided by a pistol brace, he said.

“Today’s Republican push to ease access to deadly pistol braces is an insult to countless families who have lost loved ones because of these enhanced weapons,” Schumer said in a floor speech. “This proposal is a shameful, shameful step backward in America’s fight against gun violence.”

—CQ Roll Call

Widow of Haiti’s slain president files lawsuit against suspects

MIAMI — The widow and children of late Haitian President Jovenel Moïse have filed a lawsuit in a Miami-Dade County court, seeking a trial and unspecified damages against several suspects charged in the killing.

The family, the lawsuit said, is seeking to hold defendants “responsible for their heinous acts that resulted in President Moïse’s assassination and that injured” his wife, former first lady Martine Moïse. The head of state was shot a dozen times inside his private bedroom on July 7, 2021, and his wife was seriously injured.

There are currently 11 suspects in U.S. custody and with the exception of two, Walter Veintemilla, head of Miramar-based Worldwide Capital Lending Group and Rodolphe Jaar, a Haitian Chilean businessman who recently pleaded guilty in the case — all have been found indigent by the court, meaning they have no assets.

“Not only do we want people to go to jail for this crime, but if they have any assets we want to take them. Nobody should be rewarded for this kind of action,” Paul Turner, the family’s attorney, told the Miami Herald. “And yes, some of these people won’t have anything, but some may. And so we’re going to pursue this lawsuit to identify everybody involved, what their roles were, and where possible take their assets.”

More than 40 individuals have been accused in the plot, in which 18 Colombian commandos are accused of storming the president’s residence along with Haitian police officers and two Haitian Americans posing as translators. Nearly two years later, the case remains under investigation in both the United States and in Haiti, where the inquiry is on its fifth investigative judge.

—Miami Herald