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SOUTHEAST TEXAS RECORD

Wednesday, May 1, 2024

Fifth Ward community members sue Union Pacific over alleged contamination from rail yard

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HOUSTON — Members of a Houston community located near a Union Pacific rail yard allege the company has contaminated the air, water and soil in the area. 

Andrea Alexander, individually and as representative of the Estate of Rebecca Daugherty, deceased, Rita Aguilar and Brenda Alford, et al., filed a complaint July 26 in Harris County District Court against Union Pacific Railroad Company, Pastor, Behling & Wheeler LLC and Environmental Resources Management Southwest Inc., alleging wrongful death, negligence, fraudulent concealment and other claims. 

The plaintiffs allege in their complaint that Union Pacific has "knowingly contaminated" their residential neighborhoods in the Fifth Ward and Kashmere Gardens area in Houston. They claim Union Pacific has contaminated the air, water and soil near its rail yard in Englewood with hazardous chemicals including with the toxic wood preservative creosote. 


Gibson

The plaintiffs allege that Union Pacific's storing and improper dumping of the toxic chemicals in the rail yard has caused their exposure to the chemicals which has led to cancer, death and property damage. 

The plaintiffs also allege that although the cresote processing stopped at the site in the 1980s, that millions of gallons of the chemical remain and continue to contaminate the air, water and soil around the rail yard. The plaintiffs also allege Union Pacific's negligence for failing to warn of the health hazards, test and properly monitor the air, soil and water in the area or notify governmental agencies and authorities of the contamination which is known to be hazardous to human health. 

The plaintiffs seek monetary relief of more than $1 million, interest, trial by jury and all other just relief. They are represented by Jason Gibson and Casey Gibson of The Gibson Law Firm in Houston. 

Harris County District Court case number 2021-44936

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