A number of environmental and neighborhood groups have announced their plans to sue Valero Energy Corporation and the Premcor Refining Group, Inc. for alleged violations of the federal Clean Air Act. The groups have completed an intent to sue notice as required by the federal law, positioning them to enter into litigation against the companies. The groups allege that the companies are responsible for 1.8 million pounds of illegal pollution at the Port Arthur, Texas refinery that have been made during emission events, dating back to May 2014.
Allegations Against Valero
The environmental groups allege that the companies committed 600 violations regarding emissions limits related to the following substances:
- hydrogen sulfide
- volatile organic compounds
- nitrogen oxides
- sulfur dioxide
- particular matter
- other air pollutants
The groups further allege that the refinery has been responsible for releasing more than 850,000 pounds of sulfur dioxide during emission events since 2014. Exposure to this chemical can result in respiratory illness and exacerbation of asthma and cardiovascular disease.
Additionally, the groups allege that the companies violated other rules related to improper operation of the refinery’s industrial flares. Representatives of the groups allege that the company’s illegal emissions have negatively impacted the health, life and safety of Port Arthur residents by causing them to suffer respiratory illnesses, severe allergies and other health issues that prevent them from enjoying a healthy life.
History of Violations
The groups allege that Valero disclosed these violations in their own compliance reports. The environmental groups report that in March 2019 Valero released more than 100 tons of sulfur dioxide into the environment. It also released tons of other pollutants in a single emission event that spanned 36 hours. According to the intent to sue notice, the Port Arthur Refinery has a poor record of compliance when compared to other refineries in the state. The groups allege that the refinery has released millions of pounds of dangerous toxins into the surrounding communities over the last five years.
Additionally, the refinery experienced a fire in a storage tank in 2017. This caused more than 750,000 pounds of particulate matter to be released into the environment. During that same year, the company was responsible for releasing nearly a million pounds of pollutants into the air because of malfunction and maintenance events.
Legal Process of Suing the Refinery
The Clean Air Act allows private citizens who are impacted by violations of this law to bring a lawsuit in federal court. As a requirement of this law, they must provide 60 days’ prior notice to the defendant and relevant environmental agencies. Citizens are able to request the court order the defendant to comply with the law. Additionally, they can ask the court to fine the company approximately $100,000 per day for each violation of the law.
Now that the environmental groups have completed their intent to sue, they can file the lawsuit within 60 days at the federal U.S. District Court in Beaumont, Texas. The same groups have filed four such lawsuits since 2008 that alleged illegal air emissions from Texas refineries.
Legal Assistance with Environmental Claims
Citizens have a right to be free from pollutants and other environmental hazards. Laws like the Clean Air Act provide greater protections for individuals and communities, including the individual right to sue when they are adversely affected by these types of actions. If you have been injured due to environmental hazards, our experienced personal injury and environmental tort lawyers can discuss your rights during a free consultation.
