Norfolk Southern has a 54 billion dollar market cap. Punitive damages are often capped as a percentage of actual damages, and proving enough actual damages for the total damages to materially harm Norfolk Southern is a big reach.
Because they don't price actual damage accordingly. How much would you price you getting cancer at? For me I would price that at a few billion easily, because I value my life quite high. I'm sure bill gates would put the price of him getting cancer in the billions too. There's of course no telling which child you are harming in the ohio river valley might be the next bill gates, so you might as well price them all at that valuation. That would put the costs of remediation well beyond what northfolk southern's market cap is, and would justify either closure or if its truly essential, having those assets and infrastructure being taken over by the public, much like how any other debt collection agency would take your assets if you lack liquidity.
