- Hurricane inflation: The costliest storms in today's dollars
- Francine weakens moving inland from Gulf Coast after hurricane winds cause blackouts
- Tens of thousands in the dark as Hurricane Francine strikes Louisiana with 100 mph winds
- Hurricane Francine makes landfall in Louisiana as a Category 2 storm
- Lenovo signage installation begins at Hurricanes arena
Arkema, Harris County reach settlement 7 years after Hurricane Harvey causes explosions, fire
Floodwaters from Harvey led to explosions at the Arkema plant in Crosby, causing the release of toxic chemicals and forcing nearby residents to evacuate.
HOUSTON — Seven years ago this week, Hurricane Harvey inundated the Houston area with floodwaters that caused explosions and a massive fire at the Arkema plant in Crosby.
Editor’s note: The above video originally aired in 2020.
The flooding knocked out power to Arkema warehouses that store hazardous organic peroxides, which must be kept cold. The chemicals that exploded released toxic fumes into the air and forced nearby residents to evacuate for nearly a week.
Several first responders were treated after inhaling toxic fumes.
On Tuesday, Harris County Attorney Christian D. Menefee announced the county had reached a $1.1 million settlement with Arkema Inc. The company also agreed to improve safety measures to help prevent future incidents and to ensure quick communication with the community and government agencies if something goes wrong.
“With this settlement, we’re holding Arkema accountable and taking steps to protect the health and safety of Harris County residents,” Menefee said.
After Harvey, Arkema implemented significant flood mitigation measures, according to Menefee, including the following.
- Adding a large detention pond
- Reinforcing buildings to withstand flooding
- Raising generators out of the floodplain
- Upgrading fire safety to meet current standards
Arkema must also obtain fire safety and flood management permits from Harris County to ensure the facility meets the highest safety standards before any new operations begin, Menefee said.
“As we continue to face the realities of climate change and the increasing frequency of severe weather events, it’s crucial that facilities housing hazardous materials are thinking about disaster preparedness plans,” Menefee said.
To improve communications when there’s an issue, Arkema agreed to report any “significant release of pollutants” within two hours to alert the public and government agencies.
“This settlement with Arkema sets a precedent for how we expect companies to operate and communicate during crises,” added Menefee.
Harris County couldn’t sue Arkema for most claims under the state’s main environmental law because Attorney General Ken Paxton took control of those claims. Any money from the attorney general’s lawsuit will go into the state’s general fund.
Money from the settlement will go into Harris County’s general fund and will be allocated through Commissioners Court.
Criminal charges against Arkema executives dismissed in 2020
A separate criminal case against Arkema executives was tossed out by a Harris County judge in 2020, ending a long legal drama delayed by the COVID-19 pandemic.
Harris County District Attorney Kim Ogg accused CEO Richard Rowe and former Crosby plant manager Leslie Comardelle of putting profits ahead of safety.
But Arkema attorney Rusty Hardin and his legal team argued that Hurricane Harvey was an act of God that no one could have anticipated.
MORE COVERAGE: Arkema explosions after Harvey lead to legal battle
After several days of testimony at the 2020 trial, the judge dismissed all three charges.
“The state’s incompetence in handling this criminal case put Arkema and three of its executives through three years of excruciating stress,” Hardin said then. “In my career, I have never seen such rampant prosecutorial misconduct and ignorance in handling a criminal case.”
“We are grateful that justice was served despite the smoke and mirrors conjured up by the prosecution,” Arkema spokeswoman Janet Smith said in a statement. “The facts of this case did not warrant any indictments, and we do not believe any indictment would have been granted but for the false information presented to the grand jury by prosecutors.”
Ogg’s office called the judge’s decision “disappointing and frustrating”
The judge had already dismissed assault charges against former VP of Logistics Mike Keough and Arkema, who were accused of assault after some first responders were injured when they responded to the scene.
More than a dozen first responders were treated after inhaling fumes, according to reports. Some later sued Arkema.
Liberty County also sued Arkema after a toxic cloud seeped into the air there.