HOUSTON -- Seven first responders who were hospitalized after the explosions last week at the Arkema chemical plant in Crosby filed a lawsuit for at least $1 million on Thursday.

The lawsuit alleges that first responders who maintained part of an arbitrary 1.5-mile evacuation radius around the chemical facility were not informed by Arkema of the explosions early in the morning of Aug. 31. Those responders were injured from “a release of toxic chemicals,” the lawsuit says.

On Thursday, Kimberly Spurlock & Associates filed the lawsuit, which accuses one of the world’s largest chemical companies of gross negligence, in the Harris County Civil Courthouse.

As Hurricane Harvey dumped more than a trillion gallons of water across Southeast Texas, floods began to fill the Arkema plant in Crosby. Six feet of water caused the backup generators that kept chemicals at the plant cool to fail. The floodwater also forced an 11-person storm ride-out crew to evacuate the chemical facility on Aug. 29. They had to abandon nine containers filled with chemicals, despite knowing that the chemicals could explode.

Later, the company said it believed there were about half a million pounds of organic peroxides in the containers. Organic peroxides are stored at a cool temperature, around 30 degrees Fahrenheit. When those peroxides heat up, they break down, causing chemical reactions. Without the storm crew on site, the peroxides began to rise in temperatures.

Around 2 a.m. on Aug. 31, the chemicals heated to the point that the first explosion occurred, releasing smoke into the air.

“Immediately upon being exposed to the fumes from the explosion, and one by one, the police officers and first responders began to fall ill in the middle of the road,” the lawsuit states. “Calls for medics were made, but still no one from Arkema warned of the toxic fumes in the air.”

The Harris County Sheriff’s Office announced that 15 deputies went to the hospital after inhaling a “non-toxic irritant.”

The lawsuit states that the first responders were vomiting and unable to breathe. The plaintiffs are seeking damages based on that Arkema was negligent, among many things, of “failing to provide the public and first responders accurate information on the chemicals at risk of exploding.”

The suit also asked that the court grant a temporary restraining order to preserve any equipment, documents, manuals, photographs and video, communication, etc. by Arkema surrounding the Crosby plant.

MORE: Inside the confusion and contradictions surrounding the Arkema chemical explosion </s> Attorneys representing several first responders filed a lawsuit Thursday, claiming an initial fire burning at the Arkema chemical plant in Crosby, Texas sickened their clients.

"It's not something that should happen when you go to work to protect your community," said attorney Misty Hataway-Cone.

For several days, those living within 1.5 miles of the Arkema plant were told to stay out of their homes. Flood waters swamped safety systems designed to keep organic peroxides at the facility cool. When the chemicals heated up, fires erupted.

A trio of attorneys now want to know about what the plant did to prepare for Harvey. On Thursday, a judge granted the attorneys a temporary restraining order to ensure the company preserves all evidence related to the crisis. </s> Well that was quick.

In the wake of the chemical explosion at the Arkema Inc. plant in Crosby, a handful of first responders who were exposed to noxious smoke have filed a lawsuit against the company in Harris County District Court.

When it became clear that the organic peroxide stored at the Arkema plant was going to degrade and explode after the plant was flooded, lost power and the backup generators gave out during Hurricane Harvey, Arkema employees informed local, state and federal officials of the situation and the National Guard swooped in and cleared everyone in a 1.5 mile radius from the area.

First responders remained on the perimeter of the plant and when the organic peroxide did begin to explode, sending a stream of black smoke 40 feet into the air, they got sick.

Rich Rowe, president and CEO of Arkema Inc., has acknowledged that much, reporting that Harris County sheriff's deputies and others were taken to the hospital, treated and released after exposure to the smoke, and making that exposure sound as casual as possible.

However, now a week after the first explosion — Arkema ultimately torched the whole load of organic peroxide on Monday because they didn't have any way to stop the peroxide from exploding without putting a lot of people at risk — seven first responders have filed a lawsuit against Arkema over the incident.

What's more intriguing is that the story they are telling in the suit is vastly different from how Rowe and company have spun the incident.

The plaintiffs acknowledge that Hurricane Harvey, a storm that rolled in and stalled over southeast Texas starting August 25, unleashing more than 50 inches of rain on much of the area, was devastating. It was the kind of disaster that gave businesses days of warning so that they could prepare.

"This has happened before," the lawsuit states. "As a matter of fact, this has happened so many times before that most industries, private businesses and even governmental agencies have put in place physical structures and written procedures to prevent harm and damage to their properties and the people in their communities."

But the plaintiffs maintain that Arkema failed to do this, so when the site flooded and Arkema employees were forced to evacuate, they left behind volatile toxic chemicals (more than 500,000 gallons of organic peroxide) that would definitely ignite if they were not refrigerated.

The suit goes even further, contending that Arkema employees knew the chemicals would explode because the same thing had happened at the plant before, as a citation from the Occupational Safety and Health Administration had documented. Despite this, Arkema still neglected to come up with a back-up plan, like a back-up refrigeration system, to ensure the chemicals would be kept cool in the event of some major disaster, like a hurricane.

The plaintiffs also maintain Arkema was less than forthcoming on August 31 when the chemicals actually began to ignite. On the perimeter of the 1.5-mile evacuation radius, police and first responders got sick as they were exposed to the fumes. Then the emergency medics arrived and started feeling the effects of the fumes and smoke from the chemicals before even leaving their vehicles, according to the lawsuit.

The initial explanation — that some officers and other personnel on the scene were being hit by the fumes but some of it was so mild that some of the officers even drove themselves to the hospital — is essentially a creative and positive take on what happened, judging by the court records.

"The scene was nothing less than chaos," according to the lawsuit. "Police officers were doubled over vomiting, unable to breathe. Medical personnel, in their attempts to provide assistance to the officers, became overwhelmed and they too began to vomit and gasp for air. Some of the police officers, unable to abandon their vehicles due to their weapons being present, jumped in their vehicles and drove themselves to the nearest hospital. The other officers and medical personnel were all placed in an ambulance and were driven to the nearest hospital."

Arkema issued a statement maintaining that the lawsuit is a mistake and that the company never failed to warn people of the dangers of breathing smoke from the fire at the site, nor misled anyone. Of course, Arkema's statement doesn't go anywhere near the accusations that the company should have had better emergency plans in place to begin with.

Despite Arkema's claims, on Thursday a judge granted the plaintiffs request for a temporary restraining order and injunction to keep Arkema from destroying or moving any of the evidence from the scene. </s> DALLAS — A Houston-area chemical plant that lost power after Harvey engulfed the area in extensive floods was rocked by two explosions early Thursday, the plant’s operator said.

Arkema Inc. said in a statement on its website that the Harris County Emergency Operations Center reported two explosions and black smoke coming from the plant at about 2 a.m.

The Harris County Sheriff’s Office said in a tweet that a deputy was taken to the hospital after inhaling fumes. Nine other deputies drove themselves to the hospital as a precaution.

The Harris County Fire Marshal’s Office said there had been “a series of chemical reactions” at the plant and advised people to stay away from the area.

A spokeswoman for the plant in Crosby, Texas, said late Wednesday that the flooded facility had lost power and backup generators due to the flooding, leaving it without refrigeration for chemicals that become volatile as the temperature rises. The plant is about 25 miles (40 kilometres) northeast of Houston.

“The fire will happen. It will resemble a gasoline fire. It will be explosive and intense in nature,” spokeswoman Janet Smith told The Associated Press late Wednesday.

There was “no way to prevent” the explosion, chief executive Rich Rowe said earlier Wednesday.

Arkema manufactures organic peroxides, a family of compounds used for making a variety of products including pharmaceuticals and construction materials.

“As the temperature rises, the natural state of these materials will decompose. A white smoke will result, and that will catch fire,” Smith said. “So the fire is imminent. The question is when.”

Harvey struck Southeast Texas last week, slamming into the coast as a Category 4 hurricane, then weakening to a tropical storm that dumped record amounts of rain on the state, in particular the Houston area. The storm was downgraded to a tropical depression late Wednesday.

The company shut down the Crosby site before Harvey made landfall last week, but a crew of 11 had stayed behind. That group was removed and residents living within a 1.5-mile (2.4-kilometre) radius were told to evacuate Tuesday after the plant lost power.

The plant falls along a stretch near Houston that features one of the largest concentrations of refineries, pipelines and chemical plants in the country. </s> Houston, August 31 – Two explosions have been reported at a Houston-area chemical plant that lost power amid flooding from Harvey.

The Houston Chronicle says a statement from the company says the Harris County Emergency Operations Center reported two explosions and black smoke coming from the Arkema Inc. plant early Thursday.

In a tweet, the Harris County Sheriff’s Office said a deputy was taken to the hospital after inhaling fumes. Nine other deputies drove themselves to the hospital as a precaution, the paper reported.

A spokeswoman for the plant in Crosby, Texas, said late Wednesday that the flooded facility had lost power and backup generators amid Harvey flooding, leaving it without refrigeration for chemicals that become volatile as the temperature rises. </s> HOUSTON — A series of explosions at a flood-damaged chemical plant outside Houston on Thursday drew sharp focus on hazards to public health and safety from the city’s vast petrochemical complex as the region begins a painstaking recovery from Hurricane Harvey.

The blasts at the plant, owned by the French chemical company Arkema, came after its main electrical system and backups failed, cutting off refrigeration systems that kept volatile chemicals stable. While nearby residents had been evacuated, 15 public safety officers were treated at a hospital after inhaling smoke from chemical fires that followed the explosions.

The Arkema plant has been identified as one of the most hazardous in the state. Its failure followed releases of contaminants from several other area petrochemical plants and systemic breakdowns of water and sewer systems in Houston and elsewhere in the storm-struck region.

The explosions — more are expected, the company said — will bring fresh scrutiny on whether these plants are adequately regulated and monitored by state and federal safety officials.

The chemical plant accident came as devastation from Harvey, now a tropical depression moving into the Mississippi Valley, continued to spread across the region. The known death toll from the storm and flooding remained at 39, the authorities said.

Record-breaking floods swept through Beaumont, Tex., 100 miles east of Houston, damaging the water system and leaving the city’s 120,000 residents without clean water.

Faced with that prospect, one hospital, Baptist Beaumont, began to transport most of its 193 patients to other hospitals outside the city. “We’re doing this before we’re in crisis mode,” a spokeswoman said.

Beaumont city officials said they would not be able to assess the damage to the water system until floodwaters began to recede, and that efforts were being made to distribute bottled water. But Harvey dropped nearly four feet of rain in the area, and most roads into the city remained impassable. </s> - Houston-based attorneys Kimberley M. Spurlock and Misty A. Hataway-Coné of Spurlock & Associates, P.C. and Mo Aziz of Abraham, Watkins, Nichols, Sorrels, Agosto & Aziz are representing seven first responders who were injured from what they are referring to as a "release of toxic chemicals" on Aug. 31 from the Arkema, Inc. plant.

The attorneys released the following statement on Thursday:

In the early morning hours of August 31, 2017 at the Arkema plant in Crosby, Texas, the first of several explosions occurred as a result of the abandoned chemicals heating up and igniting. Although the explosions had occurred, no one from Arkema alerted the first responders who were manning the perimeter of the arbitrary mandatory evacuation area. Immediately upon being exposed to the fumes from the explosion, and one by one, the police officers and first responders began to fall ill in the middle of the road. Calls from medics were made, but still no one from Arkema warned of the toxic fumes in the air. Emergency medical personnel arrived on scene, and even before exiting their vehicle, they became overcome by the fumes as well.

The senior corporate communication manager for Arkema Inc. released the following statement on behalf of the company:

We deeply regret that anyone suffered harm as a result of the havoc wreaked on our plant by Hurricane Harvey, particularly first responders who worked with us side-by-side to keep the public safe.

 

 Our employees acted in the same honorable and heroic way that thousands of other citizens in Harris County did when confronted with an unprecedented tragedy. They did everything they could to protect the public, while fighting fast-rising flood waters that were 5 to 7 feet high at our plant. We totally cooperated with all first responders and the numerous regulatory agencies working with us to keep the public safe.

 

 We reject any suggestion that we failed to warn of the danger of breathing the smoke from the fires at our site, or that we ever misled anyone. To the contrary, we pleaded with the public, for their own safety, to respect the 1.5 mile evacuation zone imposed by the unified command well prior to any fire. We will vigorously defend a lawsuit that we believe is gravely mistaken. </s> HOUSTON -- A lawsuit was filed Thursday against Arkema Inc., after attorneys said hazardous chemicals from a plant explosion in Crosby, Texas left several first responders sick and injured.

"From doubling over to vomiting, to chemical bronchitis. They're still being treated. We had a client go back today for a third or fourth visit. It's not something that should happen when you go to work to protect your community," attorney Misty Hataway-Cone said.

The plaintiffs are seeking their own investigation to find out exactly what sort of chemicals these first responders were exposed to and whether or not, Arkema has been keeping up with safety prevention protocols over the years.

"This is not the first time a hurricane has hit the Gulf Coast. It's up to the chemical manufacturers to have a plan so that they can foresee the natural disaster and then prepare for it. And obviously, in this particular situation, we know that they were not prepared for it," attorney Mo Aziz said.

The attorneys said the first responders were inside their vehicles and outside the 1.5-mile mandatory evacuation zone when they were exposed, meaning, they were supposedly in a safe zone when they started feeling the toxic effects.

"They were within what should have been a safe zone, they've all told me that. They were either outside or immediately, to secure the zone, or driving to it," Hataway-Cone said.

Attorney Kim Spurlock said a judge has granted a temporary restraining order to prevent any past documents or evidence that would indicate Arkema's safety testing and protocols. An injunction hearing has been scheduled for September 22nd. </s> Media playback is unsupported on your device Media caption Watch: Aerials show the chemical plant fire

A senior executive of the company which owns a flood-damaged chemical plant near the storm-hit US city of Houston says more fires and possibly explosions are expected at the site.

Arkema's Richard Rennard said people should stay away from the area as more chemicals could degrade and combust.

But he said no chemicals were released. The US environment agency said there was "no sign of dangerous toxicity".

Smoke was seen coming from the plant after a fire in a chemical container.

Earlier on Thursday Brock Long, head of the US emergency agency Fema, had described the smoke as "incredibly dangerous".

But the Environmental Protection Agency said in a statement: "EPA has emergency response personnel on the scene and the agency is currently reviewing data received from an aircraft that surveyed the scene early this morning.

"This information indicates that there are no concentrations of concern for toxic materials reported at this time."

Media playback is unsupported on your device Media caption A team of volunteer rescuers set out to reach a man spotted clinging to a tree in Hardin County

However, 15 police officers at the site who were exposed to fumes were admitted to hospital for checks.

Residents living within a 1.5-mile (2.4km) radius of the plant were evacuated after the company warned there was a risk of explosions and fire.

During heavy rainfall from Hurricane Harvey, the complex lost the ability to refrigerate chemical compounds that need to be kept cool.

At least 33 people have been killed in eastern Texas in the aftermath of the storm, which the US National Weather Service has now downgraded to a tropical depression.

Heavy rainfall is expected from Louisiana to Kentucky over the next three days, and flood warnings remain in effect for south-east Texas and parts of south-west Louisiana.

US energy supplies have been hit, as oil companies shut down refineries and part of a major pipeline in the Houston area.

Meanwhile US Vice-President Mike Pence and other cabinet members have arrived in Texas to meet residents affected by the floods.

Mr Pence said President Donald Trump would make a second visit to the area on Saturday.

What happened at the chemical plant?

The Arkema chemical plant, 21 miles from Houston, shut down production on Friday before the storm made landfall.

But 40in (102cm) of rainfall in the area flooded the site and cut off its power, the company said. Back-up generators were also flooded.

Image copyright Google

The facility manufactures organic peroxides, compounds used in everything from making pharmaceuticals to construction materials, which can become dangerous at higher temperatures.

Harris County and company officials said there had been no massive explosions at the site, as originally reported, but a fire in part of a container.

Pressure valves in the container had been released causing a popping sound, they said.

The last remaining workers at the site were evacuated on Tuesday.

The Federal Aviation Administration has issued a temporary ban on flights near the plant.

What is expected to happen?

Mr Rennard said substances in another eight containers were expected to decompose in the same way as the first. He did not rule out explosions during the decomposition.

He would not say whether the smoke produced in the chemical reaction was toxic but said that it was "noxious" and anyone who inhaled it should seek medical advice.

"It's not a chemical release that's happening. I want to be clear about that. What we have is a fire."

Mr Rennard added that he did not know how long the product would take to degrade.

"We don't want people returning back to homes thinking it's over," he said. "It's not over."

How are flood rescue efforts progressing?

Media playback is unsupported on your device Media caption What are the long-term health risks for Storm Harvey victims?

Parts of Texas have been hit by more than 50in of rainfall since Hurricane Harvey landed on 25 August, setting new records before it was downgraded to a tropical storm and, late on Wednesday, to a tropical depression.

Firefighters have begun a door-to-door search of badly flooded areas of Houston on Thursday, to rescue survivors who are still stranded and recover the bodies of those who have died.

Interactive See how flood waters caused by Hurricane Harvey have covered low-lying areas After Before

The process is expected to take one to two weeks.

Thousands of people have been rescued so far, and more than 32,000 people are being housed in emergency shelters.

Large parts of Houston, the fourth most populous city in the US, remain under water.

The city is also a key energy hub. The storm and subsequent flooding have knocked out about a quarter of the country's refining capacity, sending petrol prices to a two-year high.

What happens next?

An additional 10,000 members of the National Guard are on their way to Texas to join the rescue efforts, adding to the 14,000 already deployed.

Harvey was the most powerful hurricane to hit Texas in more than 50 years when it first made landfall at Corpus Christi, 220 miles south-west of Houston.

Media playback is unsupported on your device Media caption The numbers behind Storm Harvey

At a news conference on Wednesday, Texas Governor Greg Abbott said the state could need more than $125bn (£97bn) from the federal government to help it recover.

Mr Abbott has accepted an offer of aid from the Mexican government, which has suggested it is willing to despatch troops with food, water and medicine - as it did in 2005 when New Orleans was devastated by Hurricane Katrina.

Are you affected by Tropical Storm Harvey? Let us know about your experiences. Email haveyoursay@bbc.co.uk with your stories.

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A series of small explosions occur at the Arkema chemical plant in Crosby, Texas, and according to the company more are expected, after floodwaters shut down the cooling systems that kept the chemicals stable. Houston Methodist San Jacinto Hospital in Baytown, Texas treated 21 first responders for chemical exposure. Residents living within a 1.5-mile (2.4 km) radius of the plant are evacuated.