Texas is home to the highest number of chemical facilities in the United States, and with this distinction comes an alarming frequency of chemical incidents such as spills, leaks, and explosions. These incidents, occurring nearly every other day, pose significant health and safety risks to nearby populations.
In Texas, the burden of these disasters disproportionately falls on Latino communities, particularly those living within close proximity to chemical plants. Known as fenceline communities, these neighborhoods face heightened exposure to hazardous chemicals, leading to increased health risks and environmental injustices.
In the article below, the chemical injury attorneys at Kherkher Garcia explore how Texas’ lenient regulatory environment, coupled with the strategic placement of industrial facilities, exacerbates the vulnerabilities of Latino residents, and highlights the urgent need for stronger protections and advocacy to safeguard these communities.
Information about Texas Chemical Incidents and Disasters
Texas leads the nation in chemical disasters, with a significant number of incidents occurring every year. The Coalition to Prevent Chemical Disasters’ database reveals that the state had 49 chemical incidents in 2023, particularly concentrated in the Houston-Galveston area. Nationwide, a chemical incident occurs approximately every other day, impacting communities with road closures, shelter-in-place orders, emergency room visits, and increased cancer risks. Those living within a mile of a chemical facility, termed fenceline communities, face the greatest vulnerability.
The Houston area, home to the largest petrochemical hub in the country, experiences elevated levels of these compounds. From January 2021 to December 2023, petrochemical manufacturing and oil and gas industries were responsible for over half of the 825 hazardous chemical incidents reported nationwide. Events like the 2021 winter storm Uri exemplify the scale of toxic releases, with 3 million pounds discharged from 194 facilities.
The frequency and proximity of these facilities heighten the risk of a ‘domino effect,’ where an incident at one facility triggers issues at neighboring ones. Such a scenario occurred in January 2023 when a tornado and power outages led to operational problems at the Ineos and Shell plants in Houston, causing flaring.
Factors Leading to Incidents and Safety Gaps
A study by the Environmental Defense Fund indicates that fenceline communities are increasingly Latino. From 2001 to 2019, the Latino population in these areas grew sixfold. The study highlights that Black and Latinx populations are disproportionately situated near industrial facilities, leading to inequitable exposure to chemical releases.
Texas’ lenient environmental regulations and historical resistance to the EPA contribute to the high incidence of chemical emergencies. The state’s conservative government prioritizes economic concerns, often at the expense of environmental regulations. Cities like Houston and Dallas have repeatedly violated EPA ozone limits, with record-breaking high ozone days continuing into recent years. Moreover, some petrochemical companies manipulate facility classifications to evade stricter regulations.
Response to chemical incidents varies, with local police and fire departments often being the first responders. Facilities are expected to self-report incidents, but delays are common. The complexity of each incident, depending on the chemical involved and the nature of the emergency, necessitates varied responses, including evacuations or shelter-in-place orders.
Opt-in alert systems are used to notify residents of incidents, but not everyone opts in, leading to gaps in communication. Language barriers and technological literacy also hinder effective dissemination of information. Local groups often step in to bridge these gaps and inform communities of chemical incidents.
Overview of Common Chemicals and Hazards
Texas houses 1,558 facilities handling hazardous chemicals, the highest number in the U.S. Commonly known chemicals like ammonia, mercury, and lead, along with more dangerous substances such as benzene, butadiene, and formaldehyde, present severe health risks, including cancer. Here is a brief overview of each chemical, including the hazards of exposure:
Ammonia
Ammonia (NH3) is a colorless gas with a pungent odor, commonly used in fertilizers, cleaning products, and industrial applications. Hazards of exposure to ammonia include:
- Respiratory Distress: Inhalation can cause irritation of the respiratory tract, coughing, and shortness of breath.
- Skin and Eye Irritation: Direct contact can lead to burns, irritation, and damage to the eyes and skin.
- Toxicity: High levels of exposure can cause severe respiratory damage and can be life-threatening.
Mercury
Mercury (Hg) is a heavy metal found in various forms, including elemental mercury, inorganic mercury compounds, and organic mercury compounds like methylmercury. Hazards of exposure to mercury include:
- Neurological Damage: Mercury exposure can lead to tremors, memory loss, and cognitive dysfunction.
- Kidney Damage: Inorganic mercury compounds can cause kidney damage.
- Developmental Toxicity: Methylmercury is particularly dangerous for pregnant women and young children, affecting brain development.
Lead
Lead (Pb) is a heavy metal used in batteries, paints, and various industrial products. It is highly toxic even at low exposure levels. Hazards of exposure to lead include:
- Neurological Effects: Lead exposure can cause cognitive deficits, behavioral problems, and learning disabilities, particularly in children.
- Organ Damage: It can harm the kidneys, liver, and reproductive system.
- Cardiovascular Effects: Lead can increase blood pressure and lead to cardiovascular diseases.
Benzene
Benzene (C6H6) is a colorless, flammable liquid with a sweet odor, used as an industrial solvent and in the production of chemicals like plastics and resins. Hazards of exposure to benzene include:
- Carcinogenicity: Benzene is a known carcinogen, linked to leukemia and other blood disorders.
- Respiratory Issues: Inhalation can cause drowsiness, dizziness, headaches, and respiratory tract irritation.
- Chronic Exposure: Long-term exposure can lead to bone marrow damage and immune system suppression.
Butadiene
1,3-Butadiene (C4H6) is a colorless gas with a mild gasoline-like odor, used in the production of synthetic rubber and plastics. Hazards of exposure to butadiene include:
- Carcinogenicity: Classified as a human carcinogen, associated with an increased risk of leukemia and other cancers.
- Respiratory Irritation: Inhalation can cause respiratory tract irritation, coughing, and shortness of breath.
- Chronic Effects: Long-term exposure may result in reproductive and developmental toxicity.
Formaldehyde
Formaldehyde (CH2O) is a colorless gas with a strong odor, used in building materials, household products, and as a preservative in medical laboratories. Hazards of exposure to formaldehyde include:
- Carcinogenicity: Formaldehyde is classified as a human carcinogen, linked to nasopharyngeal cancer and leukemia.
- Respiratory Issues: Inhalation can cause nose and throat irritation, coughing, and chest tightness.
- Skin and Eye Irritation: Contact can result in skin irritation, allergic dermatitis, and eye irritation.
Each of these chemicals poses significant health risks, especially with prolonged or high-level exposure, highlighting the importance of proper handling, regulatory measures, and safety protocols to minimize risks to human health.
Kherkher Garcia Helps Latino Communities Protect Their Rights Amidst Chemical Incidents
At Kherkher Garcia, our team of attorneys specialize in personal injury cases, including chemical injuries. Our attorneys can assist Latino families and communities in various ways to protect their rights amidst chemical incidents:
Legal Representation and Advocacy
- Filing Lawsuits: Kherkher Garcia can represent Latino families in lawsuits against companies responsible for chemical spills, emissions, or explosions that cause harm to individuals or communities.
- Class Action Lawsuits: The firm can organize and file class action lawsuits on behalf of multiple victims, amplifying their collective voice and increasing the chances of a successful outcome.
- Regulatory Advocacy: The firm can advocate for stronger environmental regulations and enforcement to protect communities from future incidents.
Assistance with Medical and Compensation Claims
- Medical Claims: Kherkher Garcia can help victims navigate the complex process of filing medical claims, such as workers’ compensation, ensuring they receive necessary medical treatment and compensation for their injuries.
- Compensation for Damages: Kherkher Garcia can assist families in obtaining compensation for property damage, lost wages, and other economic impacts resulting from chemical incidents.
Multilingual Support and Accessibility
- Language Services: Kherkher Garcia provides legal services and resources in Spanish to ensure effective communication with Latino families who may have limited English proficiency.
- Accessible Resources: Our team can provide easy-to-understand materials about chemical safety, legal rights, and emergency response procedures tailored to the cultural and linguistic needs of Latino communities.
Education and Awareness
- Legal Rights Education: Kherkher Garcia can educate Latino communities about their legal rights and the steps to take following a chemical incident, such as seeking medical attention, documenting the incident, and reporting it to authorities.
- Community Workshops: Organizing workshops and seminars to inform residents about the potential hazards of nearby chemical facilities and how to respond in case of an emergency.
By offering these services, the chemical injury attorneys at Kherkher Garcia can play a crucial role in empowering Latino families and communities to protect their rights, health, and wellbeing in the face of chemical incidents.
Contact Kherkher Garcia for Questions about Chemical Incident Injuries
If you or a loved one has been affected by a chemical incident in Texas, Kherkher Garcia is here to help. Our experienced legal team specializes in personal injury cases, including those involving chemicals or toxic exposure. We are dedicated to protecting the rights of communities impacted by hazardous chemicals.
We understand the unique challenges faced by families living in fenceline communities. To best assist Latino families, we offer multilingual support to ensure your voice is heard. Whether you need assistance with medical claims, filing a lawsuit, or understanding your legal rights, we are committed to fighting for the justice and compensation you deserve.
Contact Kherkher Garcia today for a free consultation and let us help you take the first step towards protecting your rights and pursuing justice. Reach out by calling us at 713-333-1030, or submit our online contact form to get started.
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