Louisiana Farmer files Lawsuit Against Smitty’s Supply Over Explosion Damages to Property, Livestock

By Wesley Muller

A Roseland, Louisiana, resident has filed a lawsuit against nearby Smitty’s Supply Inc. following the Aug. 22 explosion and subsequent fire at the petroleum products facility that took more than two weeks to extinguish. 

Ronnie Polezcek filed the case Tuesday in state court in Tangipahoa Parish. It alleges Smitty’s Supply failed to properly maintain its facility and follow state environmental and safety regulations. As a result, the explosion caused widespread property damage, livestock deaths, and the disbursement of toxic chemicals that contaminated nearby homes and businesses, the complaint alleges.

Polezcek, who lives about 3 miles from the facility, said he had to evacuate and relocate livestock after thick black smoke, soot, and oily substances blanketed his property, according to a statement from his attorneys with the San Diego-based Singleton Schreiber law firm.

The explosion, followed by a summer afternoon rainstorm, spread oily residue over neighboring properties and a nearby elementary school where students evacuated mid-day on a Friday and returned four days later. 

Firefighting crews battled flare-ups at the Smitty’s Supply site for over two weeks, with the U.S. Environmental Protection Agency finally reporting Tuesday that the fire was 100% extinguished. Crews remain at the facility to watch for signs of rekindling, according to a statement from Tangipahoa Parish President Robby Miller.

Polezcek alleges his home, pond, pasture, and vehicles were coated with toxic residue, forcing him to burn contaminated hay and rendering his land unsafe for grazing or water use. One of his cows gave birth to a stillborn calf shortly after the explosion, according to his lawsuit.

Smitty’s Supply did not respond to a request for comment Wednesday afternoon.

Polezcek’s complaint said the company stored large amounts of petrochemical products at the site, including antifreeze, motor oils, lubricants, greases, hydraulic fluids, and detergents. The combustion of these products released hazardous volatile and semi-volatile organic compounds, heavy metals, dioxins, and fine particulate matter. Some of the substances have been linked to cancer and long-term environmental harm, according to the lawsuit.

Polezcek’s lawsuit also cites the history of Smitty’s Supply with environmental regulators, including its federal Clean Water Act violations. The business has been assessed $161,522 in EPA penalties since 2022. 

The agency has categorized the facility’s status with regards to following federal pollution regulations as “Significant Noncompliance” for more than four years.

“Smitty’s knew the risks of its operations yet repeatedly failed to comply with the most basic safety and environmental standards,” said LaCrisha McAllister, Polezcek’s lawyer. “This explosion was not an accident, it was the foreseeable result of years of negligence, and the surrounding community is now left to deal with the fallout.”

The lawsuit, which is separate from litigation initiated by the Louisiana Environmental Action Network last week, does not list a specific dollar amount Polezcek is seeking, but it said he hopes to recover property damages, livestock relocation expenses, lost income, cleanup costs, environmental monitoring, and other losses associated with the incident.

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