Lawsuits filed following Orange County railcar chemical incident

The first lawsuits and restraining orders have been filed in relation to the chemical incident at Eagle Railcar Services in Orange which caused a shelter-in-place order for much of Orange County. Beaumont-based law firm Brent Coon and Associates made the announcement via press release July 19. According to the release, Brent Coon and Associates filed the first of a number of lawsuits related to what was described as controlled flaring of a railcar containing ethyl acrylate.

The firm also included a temporary restraining order signed by District Court Judge Courtney Arkeen which prevents tampering with or destruction of any evidence related to the event, as well as providing access to inspections of the area and equipment involved.

The release included a statement from Brent Coon, lead counsel and founder of the firm. His statement read as follows.

“This is yet another in the continuing saga of highly volatile and carcinogenic (cancer causing) products being dumped, leaked, vented or spilled into our local environment. It happens with tragic regularity and goes unnoticed unless it results in a catastrophic situation where scores of people are rushed to the hospital or are ordered to stay inside homes with no air conditioning, often in 100 decree heat for hours or days at a time.  Our firm has dealt with very similar situations hundreds of times in cases all over the country, and even recently in the area with the KCS toxic chemical derailment in Mauriceville just two years ago and the infamous TPC refinery explosion in Port Neches that resulted in the mandatory evacuation of over 25,000.”

Orange County residents spent nearly seven hours under a shelter-in-place order July 18 after a railcar containing ethyl acrylate underwent what officials say was a controlled flaring operation.

Around 1:14 p.m., Orange County Emergency Management advised residents of West Orange, Bridge City and Orangefield to shelter in place due to reports of a strong chemical smell. The scent was described by many as being similar to that of nail polish remover, and some residents said via Facebook they experienced headaches or nausea.

County and city officials spent the next few hours working to determine the cause of any potential chemical leaks. After contacting local refineries and chemical plants, as well as using plume reports from National Weather Service’s, the origin was determined to be a railcar with Eagle Railcar Services on Foreman Road in Orange.

Officials said the railcar was conducting a controlled flaring operation, which released ethyl acrylate into the air and caused the smell.

If inhaled, the chemical has been known to cause ill effects such as nasal and eye irritation, nausea, headaches and gastrointestinal issues.

At least three people received emergency medical care at Baptist Hospital in Beaumont. They were decontaminated and monitored for symptoms before eventually being released.

At 8 p.m. that evening, Orange County Emergency Management lifted the shelter-in-place order after guidance from the Texas Commission on Environmental Quality said it was safe to do so.

A press release from OCEM said following rigorous testing and continuous air quality monitoring, the unified command of all agencies involved determined there were no longer detectable levels of ethyl acrylate in the affected area. As a result, the shelter-in-place was lifted.

“We sincerely appreciate the patience and cooperation shown by all citizens throughout this event,” Orange County Judge John Gothia said. “Our priority remains the safety and protection of our community, and we commend everyone for their resilience and understanding.”

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