First Responders Sue Arkema For Gross Negligence

CROSBY, TX — First responders who were affected by fumes from the exploding Arkema Chemical plant have filed a lawsuit, alleging they were not warned of the toxic fumes.

Seven first responders who were hospitalized after a release of toxic fumes from the plant on Aug. 31, are seeking at least $1 million in damages. (Want to get daily news updates and news of other events going on in your area? Sign up for the free Houston Patch morning newsletter.)

The chemicals inside the plant, known as organic peroxides, were compromised as Hurricane Harvey dumped trillions of gallons of rain over Southeast Texas during the last week of August.

As much as six feet of water flooded the Arkema plant, which caused refrigeration units inside the plant keeping the chemicals cool, to fail.

The lawsuit was filed on Thursday by Kim Spurlock and Associates, and alleges Arkema committed gross negligence, KHOU reported.

Fifteen Harris County Sheriff’s deputies were overcome by the fumes and were either transported to the hospital, or drove themselves to the hospital for treatment.

The lawsuit alleges that Arkem:

• Failed to store the chemicals properly
• Failed to have backup procedures for refrigeration
• Failure to have adequate safety procedures in place for public safety in the event of a catastrophe.
• Failing to provide information to the community and first responders about the risk of explosion.
• Failing to implement procedures put in place by Arkema and government agencies regarding how chemicals are handled.

Jessie Moreno, an independent truck driver who transports hazardous materials, said the organic peroxide that Arkema produces is dangerous.

“That stuff doesn’t need a flashpoint,” he told Patch. “When I haul that stuff, I have to wear a hazmat suit and a mask. It’s pretty dangerous.”

However, officials with the plant, as well as state and federal government agencies, have maintained that there haven’t been any toxic concentration levels in areas away from the evacuated facility detected, the Texas Tribune reported.

The lawsuit names Arkema’s Richard Rennard and Richard Rowe for denying that the chemicals released from the plant were harmful or toxic.

PHOTO: CROSBY, TX - SEPTEMBER 04: The Arkema plant received major damage from flooding caused by Hurricane and Tropical Storm Harvey on September 4, 2017 in Crosby, Texas. Today authorities lifted an evacuation order for a 1.5-mile perimeter around the facility which was put in place after the storm knocked out power, back-up generators and a nitrogen cooling system used to cool highly-volatile organic peroxides which the company warned would explode if they were not kept cool. Harvey, which made landfall north of Corpus Christi August 25, dumped nearly 50 inches of rain causing widespread flooding in Southeast Texas. (Photo by Scott Olson/Getty Images)

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