Thousands sign on for $10 billion BP suit

By MONICA HATCHER
HOUSTON CHRONICLE

TEXAS CITY — The revelation that BP's Texas City refinery emitted toxic benzene for more than a month has ignited a furor in the port community that has suffered its share of deadly industrial accidents and toxic spills.
Thousands of residents who fear they may have been exposed to the known carcinogen released at the oil refinery from April 6 to May 16 have been flooding parking lots and conference halls where local trial attorneys hosted information sessions and sought clients for class-action lawsuits against the oil giant.

BP faces the new challenge just as it is reaching a key milestone in another crisis — plugging the Gulf of Mexico well that blew out in an oil spill disaster that is costing the company billions of dollars.

On Wednesday, more than 3,400 people lined the hallways and sidewalks around the Nessler Center to sign on to a $10 billion class-action lawsuit filed Tuesday in Galveston federal court by Friendswood attorney Anthony Buzbee.
The lawsuit alleges the release of 500,000 pounds of chemicals - including 17,000 pounds of benzene - has jeopardized the health and property values of people who live and work in the area.

At the nearby College of the Mainland, a separate town hall meeting drew a crowd of 600.
"I've never seen anything like this," Buzbee said, looking at the lines waiting to enter a large room at the civic center where lawyers helped people fill out paperwork. "I can't believe this is mass hysteria and that everybody here is a faker," Buzbee said.
Webster-based lawyer Chad Pinkerton said he's met with about 8,000 residents over the past week. "I believe this is probably the largest prolonged release in Texas history and many, many people are sick," he said.
Word of the lawsuits spread this week, propelled in part by rumors that BP was cutting checks to head off the benzene claims from the $20 billion fund established to pay claims related to the oil spill.

BP spokesman Michael Marr said those rumors are untrue.
On Wednesday afternoon, a family used a convenience store copy machine to make dozens of copies of legal contracts. A clerk said the machine had been in constant use by would-be plaintiffs.
Lluvia Briones, 19, who signed up to join the lawsuit, said her colleagues at a Texas City fast-food restaurant were caught up in the fervor. "Everybody at work was like, 'go, go, go,' " she said.

Dozens of people the Chronicle interviewed complained of allergic reactions, sinus infections, headaches, nosebleeds and other symptoms consistent with exposure to noxious substances.
Linda Laver, 55, a former nurse, said she's enjoyed near-perfect health until she recently suffered an abscessed sinus infection, gall bladder failure and pneumonia.
"I told my doctor, 'You've known me for all these years and now all of a sudden I'm having all these things,' " Laver said as she stood in line at the Nessler Center.
Laver said she "freaked out" when she saw a Buzbee Law Firm newspaper ad describing the symptoms of benzene exposure. "It confirmed all my suspicions," she said.

Only two weeks before the well blowout in the Gulf of Mexico killed 11 workers and triggered the oil spill, BP was experiencing problems with a hydrogen compressor at the Texas City plant - itself the site of a deadly explosion in 2005 that killed 15 people.
The trouble started April 6, when the company said a fire compromised a seal on an ultracracker's hydrogen compressor. The malfunction forced the company to flare off gases. It reported the "emissions event" to the Texas Commission on Environmental Quality the following day. As it worked to fix the unit over the next 40 days, the plant released 538,000 pounds of pollutants into the air, BP told regulators.

BP said it operated the ultracracker at minimal capacity, reducing production and emissions. Buzbee says the unit should have shut down completely.
Information about the release became public when BP submitted a final incident report to regulators June 4.

After investigating, the environmental commission cited BP for an "excessive release" and, two weeks ago, referred its findings to the state attorney general for possible litigation.
"Based on a review of the incidents that occurred during the past year, there appears to be a pattern of poor operation and maintenance practices" at the plant, the report said.
The report said chemical concentrations in the air did not exceed state or federal standards, but that the commission could not determine the short-term health effects of the chemicals.

Coming on the heels of the oil spill, the lawsuits add new woes for BP and may aggravate an old one: BP North America - the company's refining division - is on federal probation for a felony environmental conviction related to the 2005 explosion, which also caused a massive release of benzene and other toxins.

Any further violations could be grounds for prosecutors to ask a judge to revoke BP's probation.
Already, lawyers representing victims of the 2005 blast have said a court should revoke BP's probation based on a complaint by the Occupational Safety and Health Administration that BP has failed to comply with safety agreements it made after explosion.
The company denies OSHA's claims, and a hearing is scheduled for later this month.

As to the recent emissions, BP's Marr said in an e-mail that community air quality and fence line monitors, which measure for the presence of benzene and other substances, did not show elevated readings or ground-level impact.
Other monitoring by environmental specialists similarly found that the emissions did not exceed exposure limits set by the government, he said.

"BP does not believe there was a health impact associated with this event," Marr said.
Many residents are skeptical of that claim, and are angry that the chemicals were released for 40 days without public disclosure, even to Texas City's emergency management coordinator, Bruce Clawson. Even though BP complied with state reporting requirements, under an agreement with the city, the company should have alerted officials to the situation. Clawson said he's now dealing with irate residents calling the city for details he doesn't have about the release.
Chronicle reporter Lise Olsen contributed.


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