Liberty County Commissioners Court voted on Nov. 7 to approve a $4.1 million settlement in the county’s lawsuit against Arkema Inc., closing a case that began after chemical releases from the company’s Crosby plant contaminated areas of Liberty County during Hurricane Harvey. The lawsuit, filed in March 2018, alleged that flooding from the August 2017 storm caused power failures and fires at the plant, which led to chemical reactions, emissions, and contamination that affected nearby communities.
Commissioners moved the Arkema item into executive session, returning about 20 minutes later to act on the settlement. Pct. 4 Commissioner Gerald Kolarik made the motion to approve the settlement, reading from the agenda item:
“Your honor, I move that the Liberty County Commissioners Court approve the settlement of a lawsuit – Liberty County vs. Arkema Inc. et al, Cause Number CV191381 in the 253rd District Court of Liberty County, Texas. The pending lawsuit for the total amount of $4.1 million, the settlement fund, in exchange for the fully and final release by Liberty County of all its claims against all of the defendants and the dismissal with prejudice of the pending lawsuit with each side bearing its own attorney’s fees, costs and expenses, and with payment of the settlement funds within 30 days of approval. This motion also includes authorization for the Liberty County Attorney’s Office to work with Baker Wotring LLP to finalize the settlement agreement of the pending lawsuit and when finalized to authorize the Liberty County judge to execute the settlement agreement on behalf of Liberty County, Texas.”
The motion was seconded and approved unanimously.
Kolarik publicly credited Baker Wotring LLP for their work on the case. He also asked that the record reflect appreciation for the late Pct. 4 Commissioner Leon Wilson, who initiated the lawsuit on behalf of Liberty County. Kolarik said the settlement “is going to greatly benefit the county and Pct. 4.”
Liberty County sued Arkema in March 2018, seeking more than $1 million in damages, attorney’s fees, costs, and injunctive relief requiring cleanup of contamination that followed the fires at the Crosby plant during Hurricane Harvey. Flooding from the storm caused power failures and chemical reactions that led to fires and the release of hazardous materials, some of which reached Liberty County.
Arkema denied the allegations, calling the county’s claims “false” and “unnecessarily alarming.” The company stated that environmental monitoring “revealed no exceedances of residential standards” on off-site properties.
The county’s case was one of many legal actions filed against Arkema by residents, first responders, and Harris County. A separate criminal case against Arkema executives was dismissed in 2020.
Before discussing the lawsuit, commissioners heard the canvass of the Nov. 3 election from County Clerk Lee Chambers. “The propositions all passed,” she said, noting that her office will notify TABC that JP 5 may now legally sell beer and wine. “Those convenience stores are going to be very happy. They have been fighting a long time for this.”
Chambers also warned commissioners that the county’s seven-year-old voting equipment is showing signs of age. A ballot scanner failed late on Election Day. “If you think of it like your car, you know at seven years, they are going to start having some issues,” she said. She added that election workers are concerned about pay, as Liberty County pays $12 per hour while some counties pay $16.
Commissioners unanimously accepted the canvass. Kolarik requested clarification on the locations of newly approved Municipal Management Districts. Chambers explained that the Freedom Trail MUD is on FM 1960 in Dayton; the Liberty County MMD may be in the Kenefick area; and the Plum Creek Management District extends into Montgomery County along the Tarkington line.
Commissioners also approved a request from the Lights in Liberty organization to place a large temporary light in the county-owned parking lot beside the Juvenile Probation Office to brighten the downtown area during the five-week Christmas program. Chambers asked whether volunteers could decorate the courthouse for Christmas; commissioners agreed as long as no county funds are used.
“Arkema denied the allegations, calling the county’s claims “false” and “unnecessarily alarming.”
I wouldn’t be surprised- I wouldn’t expect much integrity from Liberty County. Why don’t you take the windfall settlement and disperse it among every property taxpayer in the county as a form of tax relief? But we know that won’t happen.
So, if the claim by Liberty is damages for “property contamination” the settlement should be used for environmental remediation at the supposed contaminated property, right? Please post a story when that begins.