A temporary restraining order was issued against Valero, its subsidiaries and Ergon Asphalt & Emulsions Inc. by Nueces County Court-at-Law No. 1 Judge Robert J. Vargas last Thursday, Dec. 15. The action came 24 hours into the city’s fourth — and worst — water crisis in about 18 months. The order prohibits the companies from destroying anything that might serve as evidence in investigations of the water crisis.
Also, protestors set up shop on the steps of city hall, handing out free water and sandwiches to the homeless while demanding answers from city and state officials.
The crisis began when the city was notified late Wednesday, Dec. 14, that water coming out of a faucet in a refinery complex had an oily sheen. At 10:25 p.m., the city issued a warning to residents to stop using their water. Three sections of the city — Flour Bluff, Calallen and Padre Island — were cleared Thursday, Dec. 15 and could begin using their water for both consumption and bathing. The judge’s restraining order came as a result of a lawsuit filed by Sico Hoelscher Harris & Braugh LLP on behalf of WaterStreet Ltd. and Costa Sur Peruvian Fusion LLC. Another lawsuit was filed by Hilliard Munoz Gonzales LLP on behalf of businesses Coiffures of Country Club Inc., Anthony’s Aveda Concept Salon and resident Paula Porter. Filed by Bob Hilliard, the second lawsuit seeks damages of $1 million.
A third lawsuit, this one a class action suit, was filed the following day by lawyer Josh Hopkins of Elliot & Ritch LLP. It named Valero, its subsidiaries and Ergon Asphalt and Emulsion Inc. on behalf of Lila’s Mexican Restaurant and the more than 1,000 other eateries in the city that lost customers because of the lack of usable water.
All three lawsuits name Valero Marketing and Supply Co., Valero South Texas Marketing Co., Valero Bill Greehey Plant, Valero Refining-Texas LP and Ergon Asphalt & Emulsions Inc. for any part they played in contaminating the city’s water supply with two chemicals: Indulin AA-86 and hydrochloric acid.
Early on in the crisis, Valero issued a statement saying it was not responsible for the contamination and was working closely with environmental agencies to solve the problem.
“The issue is not related to Valero’s Corpus Christi refineries,” the release stated. “We continue to believe this is a localized back-flow issue from Ergon in the area of Valero’s asphalt terminal.”
Valero leases the property to Ergon. One of the questions the Texas Attorney General’s office will be seeking to answer is who is responsible for the facility’s plumbing, including the back flow preventer, a necessary piece of equipment designed to keep chemical spills from happening.
Both attorneys are known for their successful civil actions. Hilliard has filed lawsuits against General Motors, Volkswagen and Toyota, while Sico helped the Texas State Aquarium win its $1 million judgment in last year’s fish kill incident.
FOR THE GREATER GOOD
For the Greater Good is a protest group that formed earlier this year during a round of city water troubles when three boil water notices were issued within 10 months. They held protests at city hall all four days of the crisis, handing out free water and sandwiches.
A member of For The Greater Good, Erin Handy, spent her day at city hall handing out water and carrying signs.
“I am protesting the fact that we have these corporate interests that are polluting our water with seemingly zero accountability,” she told Corpus Christi Business News. “In my opinion, it’s criminal and it needs to stop. We need to hold our elected officials, who work for us, accountable. We need to let them know we are holding them accountable.”
At a media briefing after an emergency executive session Dec. 15, newly-elected Mayor Dan McQueen promised to do just that.
“This was not the fault of the water department,” McQueen said. “This was a third party, and we will hold them accountable that they contaminated our water supply.”
