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    Is Failure To Prepare For Climate Change A Crime?

    en-usMarch 16, 2020

    Podcast Summary

    • Hurricane Harvey and Petrochemical Plant SafetyRobust power backup systems and emergency preparedness plans are essential to ensure petrochemical plant safety during natural disasters and protect communities and the environment.

      During natural disasters like Hurricane Harvey, the safety and stability of petrochemical plants are crucial, as they house chemicals that need to be refrigerated to prevent dangerous reactions. In the case of Hurricane Harvey in 2017, the Arkema plant outside Houston was flooded, leading to the compromise of emergency generators and the risk of chemical fires. This event highlights the importance of robust power backup systems and emergency preparedness plans to ensure the safety of communities and the environment. The BBC provides valuable information and insights into such events, allowing us to learn and reflect on their significance.

    • Arkema Chemical Plant incident highlights consequences of climate change inactionCompanies and employees may face criminal charges for climate change-related failures, potentially leading to extensive damage and potential prison time. Proactive measures to address climate change risks are crucial.

      The Arkema Chemical Plant incident serves as a stark reminder of the potential consequences when companies and their employees fail to adequately prepare for climate change-related risks. The plant, which produced volatile organic peroxides, experienced a fire due to the chemicals igniting without a spark, leading to a plume of black smoke and extensive damage. Two executives and another employee now face criminal charges for their roles in the incident. This unprecedented use of criminal courts raises the question of whether companies and their employees can be held accountable for climate change-related failures, potentially facing prison time. The incident underscores the importance of proactive measures to address climate change risks and prevent potential disasters.

    • Hurricane Harvey: Chemical Plant Evacuation and FireProper disaster preparedness is crucial to prevent injuries and hazardous events during natural disasters, especially when handling volatile chemicals.

      During Hurricane Harvey, the Arcma plant in Houston experienced severe flooding that led to the evacuation of its refrigerated warehouses. With the buildings flooded and electrical generators submerged, employees attempted to save the chemicals by transferring them to refrigerated trailers. However, as the trailers flooded and the chemicals warmed up, they caught fire. Although the plant had been evacuated, first responders and nearby residents reported injuries from air contamination and smoke inhalation. Interestingly, when the chemicals burned, they released only dioxide and water. This incident underscores the importance of proper disaster preparedness and the potential hazards of handling volatile chemicals during natural disasters.

    • Harris County DA files criminal charges against Arkema for toxic ash during Hurricane HarveyDuring Hurricane Harvey, Arkema was charged with reckless emission and endangerment for toxic ash produced from unburned chemicals, despite warnings of flood risk and location in a floodplain

      During the Hurricane Harvey disaster in 2017, the cause of harm to first responders and the community was not just the burning chemicals, but also the toxic ash produced from the containers that didn't completely burn. This ash contained a mix of container materials and unburned chemicals. The district attorney of Harris County, Texas, filed criminal charges against the plant manager, CEO, and an executive at Arkema for reckless emission of an air contaminant and endangerment of persons. The charges were surprising as it's uncommon for criminal courts to punish companies for polluting during natural disasters. The DA argued that Arkema ignored the risk of flooding, despite signs of increasing flood risk due to climate change, and the plant was located in a floodplain.

    • Trial between Harris County and Arkema: Shifting Legal Landscape Around Climate Change and Corporate ResponsibilityThe trial between Harris County and Arkema could set a precedent for stricter regulations and increased accountability for companies operating in flood-prone areas due to climate change, or signal that current regulations are sufficient and individuals and companies should not be held criminally liable for natural disasters.

      The trial between Harris County and Arkema, a chemical company, highlights the increasing frequency and severity of flooding, particularly in flood-prone areas like Houston, due to climate change. The county argues that Arkema should have recognized the rising flood risk and taken additional measures to prevent chemical fires. Arkema, on the other hand, maintains that they followed all regulations and should not be held criminally liable for natural disasters. The outcome of this trial could potentially shift the legal landscape around climate change and corporate responsibility. If the county wins, it could set a precedent for stricter regulations and increased accountability for companies operating in flood-prone areas. Conversely, a loss for the county could signal that current regulations are sufficient and that individuals and companies should not be held criminally liable for natural disasters, even if they could have taken additional measures to mitigate risks. The ongoing debate underscores the need for ongoing discussions and potential changes to regulations to address the new realities of a changing climate.

    • Businesses need to prepare for foreseeable climate risks or face legal consequencesBusinesses must stay informed about climate science and prepare for foreseeable extreme weather events to avoid potential legal repercussions.

      Climate change is leading to more extreme weather events, and businesses may be held accountable if they fail to prepare for these foreseeable risks. The definition of what is foreseeable hinges on the information businesses have access to, such as climate science, experts, and modeling. The ongoing trial between Arkema and prosecutors is a test of these scientific questions and the definition of foreseeability. The trial's outcome will be closely watched by lawyers and business leaders. In essence, businesses need to inform themselves about climate science and prepare for the foreseeable risks of extreme weather events to avoid potential legal consequences.

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