Act Of God Versus Emerging Risk: Texas Trial Highlights Climate Liability For Factories

Opening arguments ended Monday in Texas in the highest profile criminal case ever brought against a company and its employees for allegedly failing to adequately prepare for the effects of climate change.

The company, Arkema, owns a chemical plant outside Houston that flooded when Hurricane Harvey dumped more than 5 feet of rain on the area in 2017.

The rising water knocked out power to the plant and caused volatile chemicals stored there to heat up and eventually catch fire. Burning containers and trailers sent up a column of black smoke above the facility for days.

It is that smoke that led to the current criminal case. The Harris County District Attorney is charging Arkema, the local plant manager, and a company executive with recklessly emitting air pollution, and a third employee with assault.

The criminal charges associated with air pollution allege that the company and its employees should have foreseen the risk of catastrophic flooding, and prepared for it better.