A federal district judge issued a scathing dismissal of a conservative group’s complaint alleging EPA’s and state officials’ response to the fiery train derailment in East Palestine, Ohio, breached constitutional rights.
Judge David Ruiz of U.S. District Court for the Northern District of Ohio wrote in an opinion published Wednesday that We the Patriots USA Inc. “cite no authority for their novel and unconvincing theory” which “seeks to silence the EPA by judicial order.”
The group in its lawsuit alleged the multi-agency approach to monitoring and cleaning up hazardous chemicals spilled from train cars was “a delicately staged farce or a stunning display of incompetence” in violation of due process under the 14th Amendment.
Ruiz, a Biden appointee, sided with the federal government’s defense that litigation challenging EPA’s remedial actions is barred under the Comprehensive Environmental Response, Compensation, and Liability Act, also known as CERCLA, or the Superfund law.
