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U.S. NEWS Tuesday 18 February 2020

Trial to begin over Arkema chemical plant fire during Harvey

By JUAN A. LOZANO the air due to the fire. The
HOUSTON (AP) — Hurricane charge carries a fine of up
Harvey's historic flooding in to $1 million against the
2017 overwhelmed power company and prison terms
systems at Arkema Inc.'s of up to five years for Rowe
chemical plant in subur- and Comardelle.
ban Houston, eventually Arkema and its vice presi-
causing organic peroxides dent of logistics, Michael
made at the facility to Keough, each face a felo-
catch fire and explode, ny assault charge for alleg-
sending noxious black edly misrepresenting the
smoke into the air. danger that the unstable
The blaze forced the evac- chemicals at the plant
uation of more than 200 posed to the community,
residents from the area leading to the injury of two
and sent 21 people, includ- deputies. If convicted, the
ing first responders, to the company could be fined
hospital. Many who live in and Keough could face up
the town of Crosby near to 10 years in prison.
the plant said they were Harris County District Attor- In this Sept. 1, 2017, file photo, smoke rises from the Arkema Inc. owned chemical plant in Crosby,
sickened by the toxic mix ney Kim Ogg has said the near Houston, Texas.
of chemicals that spewed indictments were "a wake- Associated Press
into the air and have since up call to companies that
sued the company. would ... ignore best prac- ter, said prosecutors could "Often times, the inference it be that someone did not
Arkema said the fire was tices in safety and put our have one advantage with that juries draw is that if the recognize the risk of that
caused by an act of God, communities at risk." jurors. harm is so great, how could occurring?" Kwok said.q
Harvey, which dumped Rusty Hardin, an attorney
nearly 50 inches (127 cen- for Arkema, said the charg-
timeters) of rain in parts es were an "an unprec-
of the Houston area and edented and outrageous
caused 36 deaths locally. attempt to criminalize a
But prosecutors say Arkema natural disaster."
bears criminal responsibility The U.S Chemical Safety
for the toxic cloud released Board in 2018 said Arkema
by the blaze because it crews worked "to the best of
failed to properly prepare their ability" to keep equip-
for the storm. ment that stabilized its or-
The Pennsylvania-based ganic peroxides, which are
company, which is a sub- used to make such things
sidiary of a French chemi- as plastic resins, from losing
cal manufacturer, and power. But Arkema didn't
three of its executives are consider flooding of safety
set to stand trial in Houston systems "a credible risk,"
this week in a case that even though the plant was
legal experts say will be a inside flood zones and its in-
challenge for prosecutors surance company warned
to win. in 2016 that it was at risk.
Opening statements Prosecutors could have a
are expected to begin difficult time as they would
Wednesday or Thursday have to show the actions
and the trial could last up by Arkema and its execu-
to six weeks. tives were willful and "so
Prosecutors have brought reckless about what you're
two different charges doing that it's as if you in-
against Arkema and its em- tended it," said Jonathan
ployees. Adler, a law professor at
The company, CEO Rich- Case Western Reserve Uni-
ard Rowe and plant man- versity in Cleveland.
ager Leslie Comardelle David Kwok, an associate
are accused of "recklessly" law professor at the Univer-
releasing chemicals into sity of Houston Law Cen-