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Lawsuit claims West Orange residents weren't alerted of Thursday chemical leak for 12 hours

The leak came from Eagle Railcar Services on Foreman Road in West Orange.

WEST ORANGE, Texas — 12News is learning new details about a lawsuit filed after authorities say an Orange County company released a odorous chemical into the air on July 18 that sent dozens people to the hospital.

The leak came from Eagle Railcar Services on Foreman Road in West Orange.

According to the U.S. Environmental Protection Agency (EPA) the company was flaring a railcar after a chemical reaction caused the tank to fill with pressure and heat up.

Brent Coon & Associates law firm filed the first lawsuit which claims the chemical was released as early as 1 a.m., but people living nearby weren't alerted until nearly 12 hours later.

Attorneys also say the business didn't have sufficient personnel and failed to inform the public about the potential danger.

"These industries need to be a better neighbor," said Barbara Dardeau, a West Orange resident.

Dardeau is one of many Orange County residents who felt the effects from the release of ethyl acrylate.

She described the strong odor coming from Eagle Railcar Services as a "really harsh superglue and a nail salon at the extreme max."

She claims this isn't the first time that something like this has happened.

"It's a fairly frequent occurrence. But I did file a complaint in 2022, about something similar, it just wasn't as long lasting," she said.

Dardeau tells 12News she never received a warning before she experienced the same symptoms that put 18 people in the hospital.

"So I called the city hall and they really weren't forthcoming with any information. And I had already heard that there was going to be a shelter in place order to be called, but they knew nothing about it, apparently," said Dardeau.

Dardeau believes there should be financial responsibility.

Brent Coon & Associates filed the first of a number of lawsuits with the 163rd District Court the day after the leak.

Attorney Brent Coon believes Eagle Railcar Services may not be solely responsible.

"I mean, they should be emptied before they're brought in there because you have to do something with the product. So those products are usually offloaded somewhere before you go in and work on them. Why did you have these kinds of chemical compounds in a railcar that you guys would be working on? Where did this come from? How long have you been there? How much was still here? Were you aware that this product was an error where you open it up for cleaning and expose it not knowing that it hadn't been emptied?" Coon told 12News.

These are just some of the questions coon says his firm will begin looking into.

Both Coon and Dardeau agree that those affected deserve justice and a proactive response.

"We don't want to move but you know. But if we can't safely live here, then that's going to be a concern," said Dardeau.

12News reached out to Eagle Railcar Services for a statement on the impending lawsuit. We are still waiting to hear back.

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