Newly released government documents raise questions about what the public was told about health risks after the 2023 Norfolk Southern derailment in East Palestine, Ohio. The fiery Feb. 3, 2023, accident involved 20 cars carrying hazardous chemicals. Norfolk Southern advocated burning five tanker cars of vinyl chloride it said could explode, and the plan unfolded three days later.

The railroad has since struck a $310 million consent decree with the federal government and state of Ohio for cleanup costs, civil penalties and funding for a 20-year community-health program and medical monitoring. But now a federal judge in Ohio is withholding approval of the decree, saying he first wants to review the latest evidence and won't "rubber stamp" the deal. The judge cited testimony from investigator Scott Smith, who said soil contamination persists in East Palestine and that dioxins and other compounds found in August 2025 far exceed background levels.

Newly released government documents, locals say, bolster concerns they have been voicing for the past three years. During the vent and burn of chemicals, residents within a one-by-two mile area were evacuated for about two days, then told it was safe to return. The released documents include an analysis requested by the Environmental Protection Agency one month after the accident that said a wind shift had pushed the plume back over the town, with possible local health effects. The analysis wasn’t released publicly.

An EPA spokesman said the Defense Department agency that produced the models had designated them "controlled unclassified information." The judge, appointed by President George W. Bush, also noted the EPA had approved Norfolk Southern’s request to exclude five carcinogenic compounds from soil testing. Rep. Michael Rulli, (R., Ohio), said the documents "raise serious questions" about information available to the Biden administration before the vent and burn.