Numerous media sources are reporting on an investigation into DuPont’s chemical plant near New Orleans. An Environmental Protection Agency (EPA) investigation reveals hazardous benzene emissions at the facility. The reports are highlighting the potential dangers of industrial emissions on surrounding communities and the environment.
In the article below, the chemical injury lawyers at Kherkher Garcia offer insight into the hazards of working or living near benzene emissions. We will also provide information on how chemical injury victims can protect their rights and pursue justice in the face of negligent chemical releases.
DuPont Receives Fine from the EPA
DuPont’s chemical manufacturing plant in Reserve, Louisiana, has agreed to a $480,000 fine and additional upgrades to curb the release of benzene, a cancer-causing chemical, following an EPA investigation. This decision, formalized in a settlement on September 25, came after a 2021 inspection revealed benzene emissions above federal limits, especially from a waste tank and pipeline valves. Located near an elementary school in an area known as “Cancer Alley” for its high concentration of industrial facilities, the plant’s benzene releases have raised community health concerns.
DuPont claims that its internal measurements found benzene levels below those reported by the EPA. However, DuPont’s spokesperson assured that corrective actions were taken, despite disputing the EPA’s findings. Benzene exposure, as the EPA highlights, can lead to serious health risks including leukemia, reproductive issues, and blood disorders. Federal regulations mandate no detectable emissions from benzene storage tanks and require that all open-ended valves be capped.
The DuPont facility, which produces materials for Kevlar, is located on the same site as Denka Performance Elastomers, previously cited for health risks to the nearby predominantly Black community. This case underscores heightened scrutiny on industrial emissions in vulnerable areas.
What is the Mississippi River Chemical Corridor?
The “Mississippi River Chemical Corridor,” often referred to as “Cancer Alley,” is an 85-mile stretch along the Mississippi River in Louisiana, between Baton Rouge and New Orleans. This area is home to over 150 chemical plants, oil refineries, and industrial facilities. It is one of the most industrialized regions in the United States. Due to the high density of petrochemical plants, it has been associated with significant environmental and health concerns, including:
- Increased cancer rates
- Respiratory issues
- Miscarriage
- High-risk pregnancies
- Infertility
- Poor newborn health
- Asthma
The region is predominantly populated by low-income and minority communities. Many residents have expressed concerns over environmental injustice, arguing that they bear disproportionate health burdens from industrial pollution. The term “Cancer Alley” highlights the area’s heightened risk of cancer and other health effects, though state and industry representatives sometimes contest the link between industrial emissions and the community’s health issues.
Understanding Benzene and its Dangers
Benzene is a colorless, highly flammable chemical with a sweet odor that is commonly used in industrial settings as a solvent and in the manufacturing of:
- Plastics
- Resins
- Synthetic fibers
- Rubber
- Lubricants
- Dyes
- Detergents
- Pesticides
It is also a natural component of crude oil and gasoline and can be released into the air through vehicle exhaust and industrial emissions.
Health Risks of Benzene Exposure
Benzene is hazardous to human health, and its effects depend on the exposure level and duration:
- Short-Term (Acute) Exposure: Brief exposure to high levels of benzene can lead to:
- Drowsiness, dizziness, and headaches
- Eye, skin, and respiratory tract irritation
- Nausea and vomiting
- In severe cases, it can cause unconsciousness and central nervous system depression
- Long-Term (Chronic) Exposure: Prolonged exposure, even at lower levels, is linked to more severe health effects, particularly affecting blood formation and increasing cancer risks. Chronic exposure has been associated with:
- Blood Disorders: Benzene impacts bone marrow, leading to conditions like anemia, reduced white blood cell counts, and other blood abnormalities.
- Cancer: Benzene is classified as a carcinogen, with prolonged exposure linked to leukemia (especially acute myeloid leukemia) and other blood cancers.
- Reproductive Effects: High benzene exposure may cause reproductive issues, particularly among women, including potential impacts on fertility.
Environmental and Occupational Safety Concerns
Due to its toxicity, benzene is regulated by agencies like the EPA and OSHA, which enforce strict guidelines to limit exposure. Industrial facilities handling benzene are required to monitor emissions to minimize the risk to workers and surrounding communities.
Legal Standards and Responsibilities for Industrial Facilities
Benzene emissions in the United States are regulated by the EPA under the Clean Air Act, which establishes National Emission Standards for Hazardous Air Pollutants (NESHAPs). These standards require that facilities using benzene minimize emissions, maintain regular inspections, and adhere to emission limits. Facilities found in violation of these standards face substantial fines and must implement corrective actions, as seen in the DuPont case.
Beyond regulatory compliance, industrial facilities bear a moral and social responsibility to protect the health and safety of surrounding communities. This responsibility includes conducting accurate environmental monitoring, reporting incidents transparently, and taking prompt corrective action when issues arise. When companies fail to fulfill these obligations, they risk not only public health but also the potential for civil and criminal liabilities.
Recognizing Symptoms of Benzene Exposure
For residents living near industrial plants like DuPont’s Reserve facility, understanding the symptoms of benzene exposure is crucial. Symptoms include:
- Respiratory issues
- Dizziness
- Headaches
- Blood disorders
As noted above, long-term exposure can also increase the risk of cancer. Those experiencing health issues should consult with medical professionals and document symptoms and potential exposure incidents.
Legal Recourse for Affected Residents
Residents affected by benzene emissions or other harmful industrial pollutants may have legal options for pursuing compensation and accountability. Toxic tort law allows individuals harmed by chemical exposure to sue the responsible parties for damages. Key damages include:
- Medical Expenses: Compensation for both current and future medical treatments related to exposure, such as hospital visits, medication, therapy, and specialized care for chronic conditions.
- Lost Wages and Reduced Earning Capacity: Damages for lost income during recovery and, if injuries impair the ability to work long-term, compensation for diminished earning capacity.
- Pain and Suffering: Compensation for the physical pain, emotional distress, and diminished quality of life due to exposure-related health complications.
- Property Damage: If toxic substances contaminate property, damages may cover the cost of decontamination or property devaluation.
- Punitive Damages: In cases of egregious misconduct or negligence by the defendant, punitive damages may be awarded to penalize and deter similar actions in the future.
These damages aim to provide comprehensive relief for individuals harmed by toxic exposure, helping cover financial burdens and address both immediate and lasting impacts on their lives. An attorney specializing in chemical injury claims can help evaluate a claim, gather evidence, and determine the best legal path forward.
How Kherkher Garcia Can Help
At Kherkher Garcia, we are committed to fighting for justice on behalf of individuals and communities affected by hazardous industrial emissions. Our experienced chemical injury lawyers understand the complexities of environmental law and toxic exposure cases. We work tirelessly to hold corporations accountable for the harm they cause.
If you or a loved one have been impacted by hazardous emissions from facilities like DuPont’s Reserve plant, you may have the right to seek compensation. Our team at is dedicated to providing the support and expertise needed to pursue justice in these cases. We offer free consultations to help you understand your rights and determine the best course of action.
If you believe that your health has been affected by benzene exposure or other hazardous emissions, don’t hesitate to reach out. Contact Kherkher Garcia for a free consultation to learn how we can help you seek justice and hold responsible parties accountable for your injuries. Call us at 713-333-1030, or submit our website contact form to get started.
Resources:
- https://abcnews.go.com/US/wireStory/dupont-plant-louisiana-fined-480000-releasing-cancer-causing-115273339
- https://www.nola.com/news/environment/louisiana-cancer-alley-dupont-epa-pollution-environment/article_41429cd2-9329-11ef-985a-735db2aff7a2.html
- Image by aleksandarlittlewolf on Freepik
