Phillips 66 accused of causing flooding
About 350 residents who suffered flood damages near Sweeny are suing Phillips 66 for allegedly damming bayous during Hurricane Harvey and diverting floodwaters into homes.
The plaintiffs from the small city southwest of Houston claim Phillips 66 employees erected temporary dams at the Linnville and Little Linnville bayous to prevent petroleum and chemical leaks at its Sweeny refining and petrochemical complex. The lawsuit alleges the Houston energy giant knew the efforts would cause nearby homes to flood but that it did so anyway without notifying the communities.
Phillips 66 and its joint venture with Chevron, Chevron Phillips Chemical Co., deny the claims, arguing that their actions didn’t cause any flooding.
Harvey was blamed for leaks, spills and emissions releases at Gulf Coast energy companies, but this is
the first lawsuit accusing one of forcing water into people’s homes. Attorney Josh Bowlin, who’s representing the residents, said Phillips 66 was determined to protect its own plant no matter the consequences for its neighbors. Sweeny counts a population of about 3,800.
“This was a deliberate and intentional act done to save their investment at the refinery, and it was done at the expense of the residents,” Bowlin said. “It’s unforgivable.”
The lawsuit alleges that Harvey passed through the Sweeny area without causing significant flooding in homes, leaving residents to believe their properties survived largely intact.
“They were wrong,” the lawsuit asserts.
Phillips 66 built dams “in the dark of night” on Aug. 30 to protect its massive refining complex, according to the lawsuit. It contends that, because of the dams, the water levels in Sweeny kept rising and flooded many homes, trapping people inside.
The company “never warned a single Sweeny resident of the imminent danger upon them,” the lawsuit claims. “Instead, defendants sat quietly even though their hydrologists had told them the town was going to flood because of the dams.”
Phillips 66, however, argues that its actions were completely unrelated to the flooding.
“While we still experienced significant flooding in the refinery, our actions prevented the release of feedstocks and products into the community and environment,” the company said in a prepared statement. “We do not believe that these actions on one side of our property impacted the ongoing flooding event adjacent to the refinery or in the community.
“The area was already flooded prior to our actions, and the rivers and bayous continued to rise in the days following. “
The company shared photos from Aug. 29 and Aug. 30 that showed flooding in and around the refining complex even before Phillips 66 took action to further protect its property.
Sweeny-area residents acknowledge some flooding did occur initially. But they argue the waters were receding when Phillips 66 erected the dams, causing the falling water levels to rise again as water allegedly was diverted into their communities. The second wave of floodwaters was much higher than the first and entered many more homes, the lawsuit says.
David Hartquist, a plaintiff who lives just northwest of the refinery along Linville Bayou, said the flooding intensified on Aug. 31 and Sept. 1, forcing about 8 inches of water into his home, flooding his vehicles and tractors, and killing various pigs, chickens and newborn calves that he raises on his property.
“Our house was an island, and it stayed that way for about 13 days,” Hartquist said, arguing the floodwaters didn’t significantly recede until Phillips 66 removed its makeshift dams.
He and his wife are staying in a hotel, hoping they can move back in before the year ends.
He understands why Phillips 66 tried to protect its complex, he said, “but your actions have consequences, and you need to be held accountable for them.”