Oversight Committee Democrats Reveal New Information Showing Norfolk Southern Purposely Evaded and Misled Efforts to Investigate Train Derailment

Washington, D.C. (June 22, 2023)—Rep. Jamie Raskin, Ranking Member of the Committee on Oversight and Accountability, led Committee Democrats in sending a letter to Mr. Alan H. Shaw, President and Chief Executive Officer of the Norfolk Southern Corporation, renewing the Committee's repeated requests for responsive information about Norfolk Southern's role in, and response to, the February 3, 2023, derailment in East Palestine, OH. The letter follows Norfolk Southern's efforts to mislead Committee Democrats and use the National Transportation Safety Board's (NTSB) investigation as a shield to impede Congressional oversight.

"We write to renew our requests for the documents set forth in our March 5, 2023, letter. We are dismayed that, instead of producing all of the information we requested, Norfolk Southern has turned over only a handful of materials that appear to be publicly available or referenced in publicly available filings while falsely claiming that the regulations of a federal agency prevent it from complying with congressional requests. Norfolk Southern should immediately cease its efforts to hide from oversight and produce to the Committee all of the documents we have requested," wrote the Members.

In response to the Committee's request, Norfolk Southern produced information comprised largely of information that is publicly available. In today's letter, the Committee Members reiterated their request for responsive information as part of their investigation.

"Among other missing items, your company has not provided any internal documents regarding its implementation of precision scheduled railroading practices and their effects on Norfolk Southern's operations and financial position, nor has your company provided documents regarding positions cut as part of workforce reductions. Your company has also not provided documents relating to its internal policies regarding wayside detectors and sensors, and it has not provided its communications with state and federal agency officials involved in the response to the East Palestine derailment," wrote the Members.

During a call on April 11, 2023, with counsel for Norfolk Southern, the Committee learned for the first time that the company objected to the document requests. Specifically, the company claimed that agency regulations governing a separate, independent investigation into the East Palestine train derailment by the NTSB limit what the company can provide to Congress. However, information obtained by Committee Democrats shows that, just weeks after the February 3, 2023, train derailment, NTSB provided Norfolk Southern guidance regarding responses to Congressional oversight requests, making clear that the agency's "message to parties is that they should not use the NTSB investigation as a shield."

Deeply troubled by Norfolk Southern's efforts to mislead the Committee's investigation, Committee Democrats are demanding that the company produce the outstanding internal documents and communications by July 6, 2023.

Click here to read the letter.

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