DuPont’s Worst Nightmare?

The Lawyer Who Became DuPont’s Worst Nightmare https://t.co/za9KAqejT2 via @nytimes #FightForChemicalSafety

— EWG (@ewg) January 6, 2016

Bilott received a call from from Wilbur Tennant a cattle farmer in Parkersburg, W.Va who said;

“His cows were dying left and right. He believed that the DuPont chemical company, which until recently operated a site in Parkersburg that is more than 35 times the size of the Pentagon, was responsible. Tennant had tried to seek help locally, he said, but DuPont just about owned the entire town. He had been spurned not only by Parkersburg’s lawyers but also by its politicians, journalists, doctors and veterinarians. The farmer was angry and spoke in a heavy Appalachian accent. Bilott struggled to make sense of everything he was saying. He might have hung up had Tennant not blurted out the name of Bilott’s grandmother, Alma Holland White.”

Bilott met with the caller, Jim who regretted selling 66 acres in the early ’80s to DuPont who used the plot for a landfill for waste from its factory near Parkersburg, called Washington Works—where Jim also happened to work as a labourer for DuPont. He didn’t want to sell, however, having suffered mystery ailments for years he needed the money. Jim showed Bilott a video, and even though Bilott had worked alongside DuPont’s legal team many times in the past, what he witnessed that day set him on a trajectory that would change his moral compass and life forever: a large pipe running into the creek, discharging green water with bubbles on the surface showed the animals and land had been poisoned by chemical waste. But far, far worse was to come:

“At one point, the video cuts to a skinny red cow standing in hay. Patches of its hair are missing, and its back is humped — a result, Wilbur speculates, of a kidney malfunction. Another blast of static is followed by a close-up of a dead black calf lying in the snow, its eye a brilliant, chemical blue. ‘‘One hundred fifty-three of these animals I’ve lost on this farm,’’ Wilbur says later in the video. ‘‘Every veterinarian that I’ve called in Parkersburg, they will not return my phone calls or they don’t want to get involved. Since they don’t want to get involved, I’ll have to dissect this thing myself. … I’m going to start at this head.’’

The video cuts to a calf’s bisected head. Close-ups follow of the calf’s blackened teeth (‘‘They say that’s due to high concentrations of fluoride in the water that they drink’’), its liver, heart, stomachs, kidneys and gall bladder. Each organ is sliced open, and Wilbur points out unusual discolorations — some dark, some green — and textures. ‘‘I don’t even like the looks of them,’’ he says. ‘‘It don’t look like anything I’ve been into before.’’

Bilott watched the video and looked at photographs for several hours. He saw cows with stringy tails, malformed hooves, giant lesions protruding from their hides and red, receded eyes; cows suffering constant diarrhea, slobbering white slime the consistency of toothpaste, staggering bowlegged like drunks. Tennant always zoomed in on his cows’ eyes. ‘‘This cow’s done a lot of suffering,’’ he would say, as a blinking eye filled the screen.”

DuPont had been pumping PFOA into the water ways and the Ohio River for decades even though their own company practice and policy specified that “it was not to be flushed into surface water or sewers.”

“The company dumped 7,100 tons of PFOA-laced sludge into ‘‘digestion ponds’’: open, unlined pits on the Washington Works property, from which the chemical could seep straight into the ground. PFOA entered the local water table, which supplied drinking water to the communities of Parkersburg, Vienna, Little Hocking and Lubeck — more than 100,000 people in all.”

At first, Bilott had never heard of PFOA and it didn’t appear on any list of regulated materials, “The chemistry expert that he had retained for the case did, however, vaguely recall an article in a trade journal about a similar-sounding compound: PFOS, a soaplike agent used by the technology conglomerate 3M in the fabrication of Scotchgard.”

Bilott hunted through his files for other references to PFOA, which he learned was short for perfluorooctanoic acid

Scientists have found PFOA the world over: in the blood or vital organs of Atlantic salmon, swordfish, striped mullet, gray seals, common cormorants, Alaskan polar bears, brown pelicans, sea turtles, sea eagles, Midwestern bald eagles, California sea lions and Laysan albatrosses on Sand Island, a wildlife refuge on Midway Atoll, in the middle of the North Pacific Ocean, about halfway between North America and Asia.

Ergo, Billet’s discovery uncovered even more:

“Bilott learned from the documents that 3M and DuPont had been conducting secret medical studies on PFOA for more than four decades. In 1961, DuPont researchers found that the chemical could increase the size of the liver in rats and rabbits. A year later, they replicated these results in studies with dogs. PFOA’s peculiar chemical structure made it uncannily resistant to degradation. It also bound to plasma proteins in the blood, circulating through each organ in the body. In the 1970s, DuPont discovered that there were high concentrations of PFOA in the blood of factory workers at Washington Works. They did not tell the E.P.A. at the time. In 1981, 3M — which continued to serve as the supplier of PFOA to DuPont and other corporations — found that ingestion of the substance caused birth defects in rats. After 3M shared this information, DuPont tested the children of pregnant employees in their Teflon division. Of seven births, two had eye defects. DuPont did not make this information public.

In 1984, DuPont became aware that dust vented from factory chimneys settled well beyond the property line and, more disturbing, that PFOA was present in the local water supply. DuPont declined to disclose this finding. In 1991, DuPont scientists determined an internal safety limit for PFOA concentration in drinking water: one part per billion. The same year, DuPont found that water in one local district contained PFOA levels at three times that figure. Despite internal debate, it declined to make the information public.

In a statement, DuPont claimed that it did volunteer health information about PFOA to the E.P.A. during those decades. When asked for evidence, it forwarded two letters written to West Virginian government agencies from 1982 and 1992, both of which cited internal studies that called into question links between PFOA exposure and human health problems.

By the ’90s, Bilott discovered, DuPont understood that PFOA caused cancerous testicular, pancreatic and liver tumors in lab animals. One laboratory study suggested possible DNA damage from PFOA exposure, and a study of workers linked exposure with prostate cancer. DuPont at last hastened to develop an alternative to PFOA. An interoffice memo sent in 1993 announced that ‘‘for the first time, we have a viable candidate’’ that appeared to be less toxic and stayed in the body for a much shorter duration of time. Discussions were held at DuPont’s corporate headquarters to discuss switching to the new compound. DuPont decided against it. The risk was too great: Products manufactured with PFOA were an important part of DuPont’s business, worth $1 billion in annual profit.

But the crucial discovery for the Tennant case was this: By the late 1980s, as DuPont became increasingly concerned about the health effects of PFOA waste, it decided it needed to find a landfill for the toxic sludge dumped on company property.”

The same 66 hectare property bought of Jim and Della, which DuPont rechristened plot ‘Dry Run Landfill’, named after the creek that ran through it, flowing down through the pasture where the Tennants grazed their cows:

“Not long after the sale the cattle began to act deranged. They had always been like pets to the Tennants. At the sight of a Tennant they would amble over, nuzzle and let themselves be milked. No longer. Now when they saw the farmers, they charged.”

 “Bilott doesn’t regret fighting DuPont for the last 16 years, nor for letting PFOA consume his career. But he is still angry. ‘‘The thought that DuPont could get away with this for this long,’’ Bilott says, his tone landing halfway between wonder and rage, ‘‘that they could keep making a profit off it, then get the agreement of the governmental agencies to slowly phase it out, only to replace it with an alternative with unknown human effects — we told the agencies about this in 2001, and they’ve essentially done nothing. That’s 14 years of this stuff continuing to be used, continuing to be in the drinking water all over the country. DuPont just quietly switches over to the next substance. And in the meantime, they fight everyone who has been injured by it.’’

Really, it’s just another familiar game of Whack-a-mole—you know, different name, same story—that chemical companies (and even manufactures of fragrances) play; problem is it not fun for the people on the other end of #DuPont’s allegedly sick and twisted deliberate negligence in this grave, atrocious matter.

The NYT article concludes with: Bilott is currently prosecuting Wolf v. DuPont, the second of the personal-injury cases filed by the members of his class. The plaintiff, John M. Wolf of Parkersburg, claims that PFOA in his drinking water caused him to develop ulcerative colitis. That trial begins in March. When it concludes, there will be 3,533 cases left to try.

Finally, from the EWG: DuPont Found Liable For Cancer From Teflon Chemical – $1.6 Million In Damages

“A federal jury on Wednesday (Oct. 7) found DuPont liable for causing an Ohio woman’s kidney cancer by poisoning her drinking water with a chemical used to make Teflon. The jurors ordered the company to pay $1.6 million in damages.”

You can read more of this story over a The New York Times

What do you think the consequences should be for companies who poison the earth, animals and people should be? “Off with their heads?” Said the queen in Alice in Wonderland.