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Legislators must craft enforcement measures

2 min read

U.S. Transportation Secretary Pete Buttigieg got more involved over the weekend, as he put the CEO of Norfolk Southern on notice Sunday that being "deeply sorry" will not be enough for the people of East Palestine.

"It is imperative that your company be unambiguous and forthright in its commitment to take care of the residents -- now and in the future," Buttigieg wrote.

Federal investigations are ongoing. The National Transportation Safety Board is looking at what caused the derailment. The Federal Railroad Administration is searching for any safety violations. And the Environmental Protection Agency continues to press for documentation on what hazardous contaminants were released and how cleanup will proceed.

Uncertainty and worry are still high, as experts such as Peter DeCarlo, a professor of environmental health and engineering at Johns Hopkins University, say they simply do not have enough information. When asked whether he would move back to East Palestine if he were a resident who had been forced to evacuate, DeCarlo said "I have two little boys. I would not."

Despite all that, Buttigieg indicated he knew there is little bite behind the bark of his letter, as Norfolk Southern was among the rail companies who "spent millions of dollars in the courts and lobbying members of Congress to oppose common-sense safety regulations, stopping some entirely and reducing the scope of others."

He is reduced to pleading with Norfolk Southern to do the right thing.

"This is the right time for Norfolk Southern to take a leadership position within the rail industry, shifting to a posture that focuses on supporting, not thwarting, efforts to raise the standard of U.S. rail safety regulation," Buttigieg wrote. Good luck with that, sir.

But the good news is Congress does not have to wait for Norfolk Southern's say-so, nor does the Department of Transportation. It's time to take another look at what didn't get done (or what was undone) over the past five years or so. And when we do, let's ensure this time there are enforcement measures that will hold accountable companies such as Norfolk Southern in the hopes federal and state officials will not again find themselves begging after the next disaster.

Starting at /week.