Botched Arkema Trial Shows Enviro Crimes A Tough Sell

Law360 (October 2, 2020, 9:45 PM EDT) -- Texas prosecutors' high-profile failure to hold Arkema Inc. and its executives criminally liable for chemical releases that happened during Hurricane Harvey exposed both the difficulties involved in prosecuting environmental crimes and how the circumstances of an unprecedented natural disaster can factor into that.

The unraveling of the case began when the trial started in February with prosecutorial misconduct allegations and culminated Thursday when a state judge determined Harris County prosecutors hadn't presented evidence backing up their charges. Arkema, two of its executives and a former plant manager were among those indicted in August 2018, a year after Harvey dropped more than 50 inches...

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