MOSCOW (MRC) -- A Texas jury began hearing arguments Wednesday in a lawsuit in which neighbors of a former BP refinery allege the oil giant's release of toxic gases exposed residents to potential health dangers, according to Hydrocarbonprocessing.
The suit is the latest BP has faced over the refinery it used to own in Texas City, where a 2005 explosion killed 15 workers, injured scores of others and cost the oil company USD2.1 billion in legal settlements.
The air emissions lawsuit, which is unrelated to the 2005 blast, could potentially put BP on the hook for an additional USD10 billion in punitive damages, according to court documents. BP has said in regulatory filings that the refinery emitted toxic gases, but that the releases weren't large enough to sicken neighbors.
The refinery, among the largest in the US, has been a mixed blessing for the roughly 45,000 people living in Texas City, an industrial area along the Gulf of Mexico about 45 minutes southeast of Houston. The 475,000 bpd plant employs thousands of people but has been prone to accidents, including an April 2011 power outage that caused a refinery fire and forced residents to shelter in place.
BP sold the refinery and affiliated assets to Marathon Petroleum in February 2013, in a deal valued at USD2.4 billion.
BP, which has said it invested heavily to improve operations, has paid state and federal regulators tens of millions of dollars in fines and settlements stemming from previous environmental and safety issues at the refinery. In November 2011, BP agreed to pay the Texas government USD50 million in a settlement related to pollution emissions at the plant after the 2005 explosion.
In the latest case, residents allege that the refinery emitted 500,000 pounds of carbon monoxide, benzene and other air pollutants in April and May of 2010, lowering their property values and putting their health in danger.
Mr. Buzbee has tussled unsuccessfully with BP before over emissions from the Texas City refinery. In 2009, a jury ordered BP to pay USD100 million to plaintiffs Mr. Buzbee represented who claimed to have been subjected to health risks by breathing toxic air from the plant. A judge later overturned the decision, saying the plaintiffs didn't prove BP was grossly negligent.
BP has previously said in information filings with the Texas Commission on Environmental Quality that a hydrogen compressor damaged by fire started emitting toxic materials in April 2010. BP continued operating the damaged equipment while it made repairs, sending emissions into the air for the next 40 days.
But BP said health problems cited by plaintiffs could be attributed to any number of factors outside the refinery.
As MRC wrote previously, The US Justice Department and Gulf Coast states consider offering BP a USD16 billion deal to settle civil claims related to the Deepwater Horizon incident. The settlement offer would cover potential fines owed by BP under the Clean Water Act and payments under another process known as the Natural Resources Damage Assessment, or NRDA, the people said. The fines stem from the massive Gulf of Mexico oil spill that ensued from the Deepwater Horizon well blowout in April 2010.
MRC