Robert Sulnick: Casmalia Toxic Site Settlement Offers Lessons for East Palestine Disaster

In the aftermath of the Feb. 3 Norfolk Southern train derailment, residents in East Palestine, Ohio, have developed rashes, sore throats, nausea and headaches.

They’re worried their conditions were caused by chemicals released after the train wreck. They should be!

As a result of a Superfund site here in Santa Barbara County, however, there’s actually a protocol for how they should deal with their symptoms.

The protocol, which includes blood testing, was developed in relationship to toxic injuries linked to the now-closed Casmalia Resources Hazardous Waste Landfill.

Casmalia is a small, rural town a few miles west of Orcutt, near the northern edge of Vandenberg Space Force Base. Like East Palestine, it was, and is, an out of the way place.

Beginning in 1973, the 252-acre Casmalia Resources facility accepted millions of gallons of liquid hazardous waste along with millions of cubic yards of solid hazardous waste from throughout California.

It was later determined that operations at the site contaminated air, soil, surface water and groundwater on the property with a range of mixed hazardous chemicals.

Casmalia residents — like those in East Palestine — complained of headaches, nausea, and eye, nose and throat irritations, but Santa Barbara County health officials said their symptoms were transient and would dissipate. Sound familiar?

Authorities say East Palestine residents were exposed to vinyl chloride, phosgene and hydrogen chloride.

Vinyl chloride is a carcinogen; the other two toxic chemicals cause the exact symptoms the residents are complaining about.

Moreover, when vinyl chloride breaks down, butyl acrylate, ethylene, glycol monobutyl, ether acetate and 2-ethylhexyl acrylate are created.

These toxic chemicals change/mutate when they enter the environment. They break down, react with the environment and create a toxic stew.

I was one of the lawyers who represented the residents of Casmalia in their lawsuit against the waste dump, which was closed in 1989 and is now designated as an Environmental Protection Agency Superfund site.

We did a study of what was in the residents’ blood, and found a mix of the same toxicants in the dump that officials were saying did not exist in our clients. That study led to a settlement of the suit.

EPA and state government testing of air and water is obviously needed in East Palestine, and should continue long term.

Given the nature of toxic chemicals that persist in the environment now, however, these are not sufficient. Residents’ blood should be tested to see what’s in their systems.

Toxic chemicals are ubiquitous in our modern world. They damage humans, plants, animals and the ecosystems in which those humans, plants and animals exist.

East Palestine was a gigantic toxic chemical spill of more than 100,000 gallons. It would be naïve to assume that long-term toxic insult is not taking place.

Here’s where the Casmalia analogy is relevant: Casmalia residents got no response until they sued.

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I understand that most people are neither familiar with nor necessarily comfortable with lawsuits. However, the personal injury lawyers who have gone to East Palestine do not require upfront fees. They take part of the settlements (or jury verdicts) as their fees.

Defense protestations of no fault aside, vinyl chloride is a hazardous chemical, which means that in litigating over the damage it is causing, the legal theory will be strict liability.

This is a cause of action with no defense. Norfolk Southern will not want to litigate the East Palestine cases. They can’t win. They will settle. They were transporting an ultra-hazardous chemical and the derailment was all their fault.

What the East Palestine victims must realize, however, is that for their own future health and well being, they should have their blood tested to see what they have been infected with and what effect those toxic chemicals are likely to have in the long term.

Such testing should be undertaken by their lawyers as part of the litigation. It’s simply too much of a burden to place on the victims to organize and carry out individually. As it was in Casmalia, the costs of such testing will ultimately be borne by the defendant(s).

Not only will exposing what’s in the East Palestine residents’ blood systems increase the value of their cases, it will make clear that the utmost care must be taken in transporting dangerous, long-lasting chemicals throughout the country.

Lack of safety is very much a part of this disaster.

President Barack Obama imposed new safety regulations for electronically controlled brakes to be installed on all high-hazardous flammable trains. President Donald Trump rescinded the train safety regulations.

The regulations would have prevented the East Palestine derailment. There is simply no acceptable rationale for promoting railroad profits over safety.

What we did in Casmalia, by testing residents’ blood, can help reveal the kinds of dangers and injures that are necessarily part of these kinds of incidents.

Environmental lawyer Robert Sulnick represented the community of Casmalia in litigation against the Casmalia Resources Hazardous Waste Landfill, co-founded the American Oceans Campaign with Ted Danson, and is a partner in the Santa Barbara environmental consulting firm Environmental Problem Solving Enterprises. The opinions expressed are his own.