Administration

Office: (614) 466-2766

Fax: (614) 644-1926

February 15, 2023

Via Overnight Delivery

Alan Shaw
President and CEO
Norfolk Southern Corporation
650 W. Peachtree St., NW
Atlanta, Georgia 30308

Re: Notice of Intent to Sue and Notice to Request to Preserve Records

Dear Mr. Shaw:

You are hereby notified that my office is considering litigation against Norfolk Southern
Corporation under my statutory and common-law authority in connection with the East Palestine,
Ohio derailment. Should I receive a litigation referral from the Ohio Environmental Protection
Agency, Ohio Department of Natural Resources or any other Ohio agency, my office will also
pursue all remedies available under the law. I may seek injunctive and equitable relief, damages
and/or civil penalties, costs and fees and any other relief a court may deem proper.

After Norfolk Southern’s train derailed, the company caused the release of hazardous materials
into the air, land, and surface and ground waters in and around East Palestine. The pollution,
which continues to contaminate the area around East Palestine, created a nuisance, damage to
natural resources and caused environmental harm. Local residents and Ohio’s waters have been
damaged as a result.

Please note that Norfolk Southern is under a legal obligation to preserve all information
potentially relevant to the impending litigation. I ask that any information is preserved and is not
destroyed, altered, deleted or lost. The records of all current and former employees of Norfolk
Southern and its contractors pertaining to the derailment, pollution and the causes of the
pollution must be preserved.

To the extent Norfolk Southern is willing to engage in discussions to amicably resolve this matter,
please direct your legal counsel to contact Deputy Attorney General Jonathan Fulkerson at
jonathan.fulkerson@ohioago.gov.

Yours,

Dave Yost
Ohio Attorney General

30 E. Broad Street, 17th Floor Columbus, Ohio 43215

www.OhioAttorneyGeneral.gov