Class Action Claims Chemtool, Lubrizol Corp. Could Have Prevented Rockton, Ill. Facility Explosion, Chemical Fire
Mackey et al. v. Chemtool Incorporated et al.
Filed: June 18, 2021 ◆§ 2021-L-0000165
Chemtool Incorporated and the Lubrizol Corporation face a class action in the wake of a massive explosion at the companies’ Rockton, Ill. production facility.
Chemtool Incorporated and the Lubrizol Corporation face a proposed class action in the wake of a massive explosion at the companies’ Rockton, Illinois production facility.
The 12-page lawsuit in Winnebago County Circuit Court charges that the June 14, 2021 explosion and resulting toxic smoke and dust plume—as well as the myriad problems experienced by nearby residents—were the result of Chemtool and Lubrizol’s negligence and failure to exercise a reasonable level of care that would have prevented the incident.
Rockton residents, as a result of the explosion, which the suit says was visible from more than 100 miles away and detected by weather satellites, have suffered “nuisance-level discomforts,” including respiratory difficulties and a putrid smell, and been deprived of the use and enjoyment of their properties, the complaint says. Per the lawsuit, residents of at least 150 homes within a one-mile radius were displaced as a result of a Winnebago County evacuation order, and those within a three-mile radius were advised to wear masks to protect against the inhalation of potentially toxic chemicals and remain indoors and not use air conditioning.
County officials also directed residents to not touch any debris deposited onto their properties as a result of the explosion but to have it removed by professionals, and cautioned against using lawnmowers due to concerns about the composition of particulates, the complaint says. According to the case, personnel, equipment and other resources from 89 fire departments were dispatched to the defendants’ facility to combat the fire, including an industrial firefighting organization from Louisiana.
“The harm experienced throughout the class area, as well as the exposure to the smoke and dust plume, were all foreseeable,” the lawsuit contends. “Defendants knew or should have known they would occur.”
Chemtool is a manufacturer of fluids, lubricants and greases, including industrial cleaners, corrosion inhibitors and metalworking fluids, the complaint relays. Lubrizol is a global specialty chemical company and owns and operates the Rockton production facility, according to the case. The suit says the defendants stored at the Rockton facility a variety of dangerous chemicals, including lead, antifreeze, nitrogen and sulfuric acid.
The explosion occurred in the early morning hours of June 14 and was so significant that Illinois Governor J.B. Pritzker mobilized multiple state departments and agencies, including the state’s National Guard, the case says. Officials from the U.S. Environmental Protection Agency were also on the scene in addition to personnel from the U.S. Department of Health and Human Services and Federal Emergency Management Agency, per the suit. Firefighting authorities were unable to promptly engage in fire suppression activities due to the risk of environmental harm to the neighboring Rock River, determining that the materials at the center were to burn out first before they engaged, the complaint says.
The lawsuit stresses that evacuated residents were unable to return to their homes to obtain medication, tech devices and other personal items and necessities. The suit seeks compensatory damages and injunctive relief in the form of remediation at the homes of nearby residents.
Law360 reports that a spokesperson for the defendants declined to comment on the proposed class action but said “we are devastated by this event and deeply regret the disruption and inconvenience that it has caused area residents.”
The case looks to represent all Illinois residents within a three-mile radius of the Rockton Production Center.
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