Harris County reaches settlement with Arkema over 2017 chemical plant fire – Houston Public Media

Harris County’s lawsuit against Arkema has been settled, nearly seven years after the county sued the chemical company over a fire that broke out at Arkema’s Crosby plant during Hurricane Harvey.

As part of the $1.1 million settlement, Arkema agreed to implement safety and flood protection measures at the Crosby plant, such as improving fire protection and strengthening buildings. The company also agreed to notify the public and authorities within two hours “after becoming aware of any release of contaminants with potential adverse health or safety effects.”

In addition, the settlement requires Arkema to obtain fire and flood protection permits from Harris County before production can resume at the Crosby plant.

“We are pleased with this settlement because it really aims to ensure that we protect our community going forward,” said District Attorney Christian Menefee. “It also ensures that Arkema will provide prompt and transparent communication with the district and the public.”

The factory fire broke out during Harvey in 2017 after the Crosby plant was submerged in 5 feet of water, shorting out main and emergency power supplies and setting off refrigerated trailers carrying organic peroxides. The fire lasted several days and sent thick plumes of dangerous smoke into the air, causing 21 people to require medical attention and 200 people in the area to evacuate their homes for a week.

Harris County’s lawsuit, filed shortly after the incident, accuses the company of violating Texas air and water pollution laws during the incident. The county also claimed that Arkema did not have the necessary flood plain permits.

In 2018, a grand jury indicted Arkema, its CEO and former Crosby plant manager for recklessly emitting air pollutants. In April 2019, the Harris County District Attorney’s Office also filed assault charges against the company and its former vice president of logistics, Mike Keough, alleging they injured first responders by downplaying the danger at the site.

The charges were eventually dropped in 2020.

Menefee said Harris County was unable to pursue most of the original allegations against Arkema because state environmental law allows Attorney General Ken Paxton to pursue those claims in a separate state lawsuit. Any money from the attorney general’s lawsuit will go into the state’s general fund, Menefee explained.

Menefee added that the money from the settlement with Harris County will go into the county’s general fund and be distributed through the Commissioners Court.

“As we continue to face the realities of climate change and the increasing frequency of severe weather events, it is critical that facilities storing hazardous materials consider disaster preparedness plans,” said Menefee. “This settlement with Arkema sets a precedent for how we expect companies to act and communicate in times of crisis.”