The saga began in 2019 when a containment pool ruptured following a fire at Intercontinental’s Deer Park storage facility, unleashing 400,000 barrels of oil into the channel. However, both a Texas federal court and the Fifth Circuit concurred that the inclusion of over 38,000 barrels of xylene, a hazardous chemical, altered the legal landscape, rendering Intercontinental immune to Oil Pollution Act litigation.
Uncharted Legal Territory
At the heart of the dispute lies the contentious “single molecule” theory, which, if upheld, could shield companies from liability in cases involving mixed chemical and oil spills. Texas Aromatics and its allies argue that such an interpretation would undermine environmental accountability, confining legal recourse to a narrower scope than intended by existing legislation.
The companies contend that both the Oil Pollution Act and the Comprehensive Environmental Response Compensation and Liability Act should apply to mixed spills, preventing wrongdoers from evading responsibility through legal technicalities.
Justices Won’t Review Texas Oil Spill Liability Fight : Ongoing Legal Battles
The fallout from the Deer Park fire has sparked a flurry of litigation, with companies seeking restitution for losses incurred during the channel closure and residents alleging property damage from the chemical blaze. Additionally, prosecutors have leveled criminal environmental charges against Intercontinental in connection with the spill.
