Harris County has sent Valero Energy Corp. notice of its intent to sue the company after community members were exposed to cancer-causing toxins that its Houston refinery allegedly released after Hurricane Harvey when the roof or its crude storage tank fell during the hurricane. While the lawsuit has not yet been filed, the legal steps have been completed to initiate this action, if necessary.
About the Potential Lawsuit
Harris County is accusing Valero of failing to address dangerous levels of benzene following Hurricane Harvey. These cancer-causing toxins have been released in the environment for decades, but their levels increased after the roof of a crude storage tank collapsed during Hurricane Harvey. Residents in the Manchester neighborhood began complaining about smelling gasoline in the area. The U.S. Environmental Protection Agency stated that the source of the additional benzene emissions were most likely due to the Valero refinery. The Harris County Attorney’s Office alleges that 1,900 pounds of benzene were emitted from the refinery, which are in excess of those allowed under the Clean Air Act.
In June 2019, the County Commissioners Court granted permission to the Harris County Attorney’s Office to sue Valero. Harris County sent Valero a 60-day notice regarding its intent to sue. During this time, the company can settle the case out of court. The notice also went to the state and the EPA. The lawsuit is requesting that a federal court impose penalties on Valero for its Clean Air Act violations. It also asks the court to impose an injunction that would prohibit the company from committing future violations. The county is also requesting that Valero be required to provide real-time monitoring of the air quality surrounding the plant.
The case represents the first time a Texas County would file a lawsuit under the Clean Air Act, which are typically filed by advocacy organizations. The Sierra Club and Environment Texas have also threatened to sue the company regarding its emissions at its refinery in Port Arthur.
Dangers Associated with Benzene
The World Health Organization considers benzene a carcinogen. It is found in crude oil and is released as part of the refining process. Individuals who are exposed to benzene face significant potential consequences, including possible cancer. Exposure to any level of benzene is harmful to a person. People can be exposed in various ways, but inhalation is the most common form of exposure.
Individuals who are exposed to toxic substances can consult with a personal injury lawyer to determine their rights and legal options.
