In recent weeks, the 2023 Marathon refinery fire in Garyville, Louisiana has garnered significant media attention. This attention is not only for the dramatic blaze that engulfed the facility for days on end, but also for its profound impact beyond the refinery’s boundaries. This devastating fire, which erupted at one of the nation’s major oil refineries, continues to raise pressing concerns about the safety protocols in place and the ripple effects on surrounding communities.
In the article below, the petrochemical injury attorneys at Kherkher Garcia delve into the key aspects of the Marathon refinery fire. We examine the immediate and long-term impacts on areas outside the refinery’s perimeter, and discusses the legal avenues available for those affected by catastrophic refinery incidents.
Marathon Refinery Fire Details
A major incident at Marathon Petroleum’s refinery in Garyville, Louisiana, continues to raise concerns about health impacts on nearby communities. On August 25, 2023, residents noticed black smoke and a burning oil smell, but received no official warning. Unbeknownst to them, the refinery had been leaking the flammable chemical naphtha for over 13 hours, and a fire had been burning for 90 minutes. Despite alarmingly high air pollutant readings recorded near the plant, local authorities assured residents there was no need for evacuation.
Marathon Petroleum and state officials claimed there were “no offsite impacts” from the incident, which lasted four days. Despite widespread health complaints, including breathing issues and nausea, local officials and Marathon maintained that all impacts were contained within the refinery. Firefighters used thousands of gallons of C6 foam containing PFAS, raising health concerns. Marathon set up a call center for resident inquiries, but internal documents revealed the company requested officials not widely share information about the center.
An evacuation order was finally issued the next day, but was lifted in under four hours. Hospitals treated 29 patients in relation to the fire, while several firefighters were treated for heat-related issues. Many residents reported health problems, including respiratory issues, migraines, and eye irritation. Some required medical attention, with one resident becoming critically ill.
The event highlighted a broader issue of secrecy and lax safety enforcement in the heavily industrialized region of Louisiana known as “Cancer Alley.” Marathon defended its handling of the situation, stating it prioritized safety and followed proper notification procedures.
Now, a Guardian investigation, in collaboration with Forensic Architecture, raised doubts about claims of no impact. The investigation, which included air-monitoring data, police reports, and resident interviews, revealed that the fire caused one of the largest accidental releases of hazardous chemicals in the U.S. since 1994.
Marathon Refinery Fire Impacts Nearby Residents
Forty-five minutes after the initial 911 call, a second storage tank containing 40,000 barrels of diesel ignited at the Marathon refinery. Despite growing concerns, emergency officials repeatedly assured residents that the situation was under control. Residents were not instructed to evacuate until 16 hours after the initial leak. Despite claims that there were no offsite impacts, numerous nearby residents have come forward detailing exactly how they have been affected since the incident. Below are just a few stories of those affected:
- Andrew Sterling, a 74-year-old lifelong resident and former refinery worker, recalled seeing black smoke fill the sky and experiencing eye irritation and coughing as fumes entered his home. Sterling believes that his 2012 cancer diagnosis was due to prolonged exposure to toxins.
- Warren Glass Jr., who suffers from emphysema, struggled with breathing issues during the fire. Glass, along with other locals, expressed concerns about the long-term health impacts of living near the refinery.
- Ovidio Martinez and Annette Chelette returned to their Lions, Louisiana home at 4 p.m., surprised to see the Marathon refinery fire still raging nearby. The community of Lions, once thriving, dwindled to just four households after Marathon expanded its refinery. Martinez, a resident since 1974, refused to sell his land to Marathon and had evacuated earlier in the day with his family. Despite being told it was safe to return, he felt uneasy.
- Wayne James, a 63-year-old cancer survivor living with chronic obstructive pulmonary disease, experienced worsening respiratory symptoms during the second day of the Marathon refinery fire in Lions, Louisiana. After coughing intensely for 24 hours, he was rushed to the hospital with dangerously low blood oxygen levels (82%) and diagnosed with hypoxia and acute respiratory distress. He was intubated for three days in intensive care before recovering.
Toxins Released in the Refinery Fire
During the Marathon refinery fire, two EPA air monitors recorded elevated benzene levels, a known carcinogen. Although these spikes didn’t trigger violations due to EPA rules based on annual averages, they were the second-highest concentrations Marathon had reported since the EPA’s monitoring system began. Marathon claimed it hadn’t definitively linked the readings to a specific cause and noted that levels never exceeded annual limits. However, Forensic Architecture modeling showed benzene levels exceeded acute risk thresholds even after residents were told it was safe to return.
While Marathon assured the public of “non-detectable air quality impacts,” the Louisiana Department of Environmental Quality (LDEQ) reported high levels of volatile organic compounds, including benzene. A third-party group, CTEH, also detected unhealthy PM2.5 levels, which Marathon and local authorities attributed to wildfires. Dr. Kim Terrell from Tulane Environmental Law Clinic criticized this explanation, warning that PM2.5 levels remained hazardous, even discounting wildfire-related pollution, and questioned the reliability of the monitoring equipment used.
Marathon Responds to Injury Claims
In the aftermath of the Marathon refinery fire, the company has downplayed the severity of the incident. Despite drone footage showing two storage tanks engulfed in flames, Marathon delayed reporting emissions, filing data four months later. The company reported releasing over 22,000 barrels of naphtha, including 1,433 pounds of benzene, which exceeded the state’s daily limit by 143 times. However, Marathon claimed no chemicals escaped from a second tank containing 40,000 barrels of diesel, despite visible damage.
Additionally, Marathon reported 2.3 million pounds of flammable material from a third tank to the EPA, but this information was omitted in state filings. Marathon declined to explain discrepancies between reports to state and federal agencies, citing an ongoing investigation. An EPA report speculated that live electrical wiring under the leaking tank may have caused the fire, and deficiencies in tank inspections and repairs were noted. Marathon has not provided details on how it plans to prevent future incidents.
Government Response to “Cancer Alley”
The Marathon refinery, which began operations in 1977 and is now the largest in the U.S., has contributed to high levels of toxic pollution in Garyville and nearby Lions. The region ranks among the most polluted in the country, with residents frequently exposed to harmful chemicals.
Anne Rolfes, director of the Louisiana Bucket Brigade, criticized the lengthy delay in Marathon’s investigation of the refinery fire, calling it “excessive,” even for Louisiana, where poor reporting is common. Her organization monitored accidents at the state’s oil refineries for a decade but stopped in 2015. Public records suggest that the state isn’t closely tracking incidents either, as Louisiana’s internal refinery accident database is incomplete, often lacking updated information on released chemicals.
Since 2021, the Biden-Harris administration has introduced measures to improve air quality in Louisiana’s “Cancer Alley”, focusing on industrial preparedness for extreme weather events like hurricanes and heatwaves. However, Louisiana’s newly elected Republican governor, Jeff Landry, a climate change skeptic, has opposed these federal actions. Landry has countersued the EPA to block civil rights investigations into state agencies’ industrial permitting practices and has supported legislation limiting community air monitoring, potentially hindering efforts to track health impacts from industrial accidents.
Despite a national decline in reported incidents, the Garyville refinery has experienced an increase, with over a dozen accidents reported in 2022, including a significant explosion that injured six workers. A review of EPA data indicated that this explosion represented the second-largest release of flammable chemicals in the agency’s records over three decades. Louisiana also has the highest rate of facility accidents in the U.S., with about 12 accidents per 100,000 people, according to the accident database.
Communities Taking Action Against Harmful Chemicals
In response to government inaction, local communities are taking their own measures. Mary Hampton, a community leader and resident of Reserve, is organizing neighborhood watch captains to independently alert residents about industrial incidents like the Marathon refinery fire. Hampton’s initiative stems from concerns over a lack of proper emergency communication. Experts warn that as climate change intensifies, industrial accidents like the Marathon fire are likely to become more frequent, driven by extreme weather conditions and the volatile nature of certain industrial substances.
Can An Attorney Help Individuals and Communities After a Refinery Fire?
An attorney can provide crucial support to individuals and communities affected by a refinery fire. At Kherkher Garcia, our petrochemical injury attorneys help individuals navigate the complex legal and regulatory landscape following an incident like a refinery fire. Some of the ways that we support victims, their families, and communities include:
- Legal Representation for Damages: A refinery fire can lead to serious health issues, property damage, and financial losses. Our attorneys can help victims file personal injury claims to seek compensation for medical expenses, lost wages, and other damages.
- Class Action Lawsuits: Where applicable, our attorneys organize and participate in class action lawsuits. These lawsuits allow a large group of victims to collectively seek compensation. This can be particularly beneficial in refinery fire cases where many individuals experience similar harm, such as exposure to toxic chemicals.
- Environmental Law Expertise: Refineries are subject to numerous environmental regulations. Attorneys with experience in environmental law can challenge refinery operators if they violated safety protocols or failed to comply with regulations. They can also hold refineries accountable for releasing hazardous chemicals, such as benzene, naphtha, and PFOAs, which can cause long-term health risks.
- Advocating for Policy Changes: Our attorneys may work with local governments or advocacy groups to push for stronger safety regulations and better protections for residents living near industrial facilities.
- Holding Corporations Accountable: Large corporations may try to minimize the severity of incidents or delay investigations. The attorneys at Kherkher Garcia can file lawsuits to force companies to release critical information, report toxic emissions, and take responsibility for their actions, ensuring transparency and accountability.
By taking legal action, attorneys can help protect the rights of communities and ensure they receive the compensation and justice they deserve.
Contact Our Petrochemical Injury Attorneys
If you or a loved one has been harmed by a petrochemical fire or exposure, don’t wait – seek justice today. At Kherkher Garcia, our experienced petrochemical injury attorneys are dedicated to holding responsible parties accountable and securing the compensation you deserve. We offer compassionate support and a thorough approach to every case.
Contact us now for a free consultation and let us fight for your rights and recovery. Call us at 713-333-1030 or fill out our online form to get started. Your path to justice begins here.
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