Arkema officials say they are victims of Harvey, but plenty of plaintiffs want their day in court

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Following Hurricane Harvey, a variety of plaintiffs filed a number of lawsuits against the Arkema plant in Crosby on behalf of residents and first reponders, who claim the plant’s negligence exposed them to harmful chemicals.

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Now Harris County Attorney Vince Ryan is announcing a new lawsuit against the plant, saying they released toxins during the storm’s aftermath:

“This was a very dangerous situation,” Ryan provided in a press release. “Arkema must take responsibility for its inability to ensure the safety of the people of the Crosby community and those who protect them.”

RELATED: First responders file lawsuit against Arkema plant claiming they were exposed to noxious fumes

The suit reportedly includes allegations against the company, stating the fumes poisoned first responders, causing them nausea, vomiting and difficulty breathing.

According to Ryan, the plant also violated the Clean Air Act and the Clean Water Act because of its chemical runoff after the explosions.

“We will seek court-ordered changes that will guard against a similar disaster in the future,” Ryan further provided.

After Hurricane Harvey, Arkema made a chilling announcement the plant officials said they did not know another way of preventing an explosion, and the .5 million pounds of liquid organic peroxides stored inside the facility overheated, resulting in release-like explosions and some fire.

Arkema’s first explosion happened at 2:00 a.m. on August 31. For several days, explosions and fires at the plant garnered the attention of an area already reeling from unprecedented flooding.

Officials instructed residents from nearby homes to evacuate, while others outside the danger zone said they still suffered from affects of the fumes.

In total, more than 30 people received treatment at the hospital for exposure to the fumes.

The U.S. Chemical Safety Board said the Arkema plant situation is a warning to the chemical industry and an illustration of the need to plan for extreme weather events.

According to the board, the Arkema plant did not prepare for a weather disaster even though officials knew the chemicals held in their facility would catch fire if they overheated.

This turned out to be the case after the plant lost power in the late summer heat.

RELATED: Lawsuit filed on behalf of homeowners impacted by Arkema explosions, fire

“Our message is yes, you do have to reassess continuity,” Vanessa Sutherland, board chair, said in an interview. “You do have to reassess worst case scenario. You do have to look at storm over the last few years and do your own hazard and risk assessment. Plan, plan again and never assume it can’t happen here.”

Arkema released a statement regarding the lawsuit, in which the company called itself the victim:

“Suing a victim is never the right solution to a natural disaster. We are disappointed that this lawsuit was filed when we were in discussions with the county to cooperatively resolve the issues. As they and we all know, this was an extraordinary flooding event.  Arkema and its employees, like other businesses and individuals in Harris County, were victims of this storm. Our plant is still not open. Our employees are still not back to work. Filing lawsuits is not the solution here. Arkema plans to continue cooperating with authorities, but we will strenuously defend against any and all unfounded claims.”

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