The indictment accused the CEO of Arkema North America Richard Rowe and plant manager Leslie Comardelle of playing a role in “recklessly” releasing chemicals into the air, putting residents and first responders at risk.

Arkema said the trial sought to criminalize the impact of a natural disaster that Harris County itself was not prepared for.

“While Arkema was found to have been prepared for a 500-year flood, our Crosby plant had a 5,000-20,000-year rainfall and the resulting flooding rose 30 inches above the 500-year flood level,” the company stated. The flooding waterlogged the plant, which lost the power needed to keep the organic peroxides stored at the facility from overheating and igniting.

Arkema added that it had explicitly warned emergency responders to wear respirators if they might be exposed to smoke from the fires. “We cannot fathom why they did not do so, but it certainly was not for lack of warning,” it said.

Last month, prosecutors dismissed additional assault charges against Mike Keough and Arkema Inc. over smoke inhalation injuries suffered by public safety workers.

The company added that it did not believe any indictment would have been granted without false information being presented to the grand jury. “The prosecutors in this case repeatedly, blatantly, and unapologetically broke rules that are in place to protect us all by ensuring our fundamental right to a fair trial,” Arkema said, noting that Judge Belinda Hill found twice that the prosecutors had committed misconduct.

Author: Elaine Burridge, Freelance Journalist