Please forward this story from the New York Times, which was not even on the front page, from their investigative reporting, but rather was a “feature” article, with research assembled by a novelist, not on their staff. As one commenter wrote in: The story that the corporate attorney (Bilott) began to see was astounding in its breadth, specificity and sheer brazenness. ‘‘I was shocked,’’ he said. That was another understatement. Bilott could not believe the scale of incriminating material. ‘‘It was one of those things where you can’t believe you’re reading what you’re reading,’’ he said. ‘‘That it’s actually been put in writing. It was the kind of stuff you always heard about happening but you never thought you’d see written down.’’
Here is an excerpt. See the whole story at the New York Times online
The story began in 1951, when DuPont started purchasing PFOA (which the company refers to as C8) from 3M for use in the manufacturing of Teflon. 3M invented PFOA just four years earlier; it was used to keep coatings like Teflon from clumping during production. Though PFOA was not classified by the government as a hazardous substance, 3M sent DuPont recommendations on how to dispose of it. It was to be incinerated or sent to chemical-waste facilities. DuPont’s own instructions specified that it was not to be flushed into surface water or sewers. But over the decades that followed, DuPont pumped hundreds of thousands of pounds of PFOA powder through the outfall pipes of the Parkersburg facility into the Ohio River. 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.
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 their workers this. 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.
By 1990, DuPont had dumped 7,100 tons of PFOA sludge into Dry Run Landfill. DuPont’s scientists understood that the landfill drained into the Tennants’ remaining property, and they tested the water in Dry Run Creek. It contained an extraordinarily high concentration of PFOA. DuPont did not tell this to the Tennants at the time, nor did it disclose the fact in the cattle report that it commissioned for the Tennant case a decade later — the report that blamed poor husbandry for the deaths of their cows.
The Tennants settled. The firm would receive its contingency fee. The whole business might have ended right there. But Bilott was not satisfied. DuPont had for decades been actively trying to conceal their actions. They knew this stuff was harmful, and they put it in the water anyway. These were bad facts.’’ He had seen what the PFOA-tainted drinking water had done to cattle. What was it doing to the tens of thousands of people in the areas around Parkersburg who drank it daily from their taps? What did the insides of their heads look like? Were their internal organs green?
Bilott spent the following months drafting a public brief against DuPont. It was 972 pages long, including 136 attached exhibits. His colleagues call it ‘‘Rob’s Famous Letter.’’ ‘‘We have confirmed that the chemicals and pollutants released into the environment by DuPont at its Dry Run Landfill and other nearby DuPont-owned facilities may pose an imminent and substantial threat to health or the environment,’’ Bilott wrote. He demanded immediate action to regulate PFOA and provide clean water to those living near the factory. On March 6, 2001, he sent the letter to the director of every relevant regulatory authority, including Christie Whitman, administrator of the E.P.A., and the United States attorney general, John Ashcroft.
DuPont reacted quickly, requesting a gag order to block Bilott from providing the information he had discovered in the Tennant case to the government. A federal court denied it. Bilott sent his entire case file to the E.P.A.
‘‘DuPont freaked out when they realized that this guy was onto them,’’ says Ned McWilliams, a young trial lawyer who later joined Bilott’s legal team. ‘‘For a corporation to seek a gag order to prevent somebody from speaking to the E.P.A. is an extraordinary remedy. You could realize how bad that looks. They must have known that there was a small chance of winning. But they were so afraid that they were willing to roll the dice.’’
With the Famous Letter, Bilott crossed a line. Though nominally representing the Tennants — their settlement had yet to be concluded — Bilott spoke for the public, claiming extensive fraud and wrongdoing. He had become a threat not merely to DuPont but also to, in the words of one internal memo, ‘‘the entire fluoropolymers industry’’ — an industry responsible for the high-performance plastics used in many modern devices, including kitchen products, computer cables, implantable medical devices and bearings and seals used in cars and airplanes. PFOA was only one of more than 60,000 synthetic chemicals that companies produced and released into the world without regulatory oversight.
‘‘Rob’s letter lifted the curtain on a whole new theater,’’ says Harry Deitzler, a plaintiff’s lawyer in West Virginia who works with Bilott. ‘‘Before that letter, corporations could rely upon the public misperception that if a chemical was dangerous, it was regulated.’’ Under the 1976 Toxic Substances Control Act, the E.P.A. can test chemicals only when it has been provided evidence of harm. This arrangement, which largely allows chemical companies to regulate themselves, is the reason that the E.P.A. has restricted only five chemicals, out of tens of thousands on the market, in the last 40 years.
It was especially damning to see these allegations against DuPont under the letterhead of one of the nation’s most prestigious corporate defense firms. ‘‘You can imagine what some of the other companies that Taft was representing — a Dow Chemical — might have thought of a Taft lawyer taking on DuPont,’’ Larry Winter says. ‘‘There was a threat that the firm would suffer financially.’’ When I asked Thomas Terp about Taft’s reaction to the Famous Letter, he replied, not quite convincingly, that he didn’t recall one. ‘‘Our partners,’’ he said, ‘‘are proud of the work that he has done.’’
Bilott, however, worried that corporations doing business with Taft might see things differently. ‘‘I’m not stupid, and the people around me aren’t stupid,’’ he said. ‘‘You can’t ignore the economic realities of the ways that business is run and the way clients think. I perceived that there were some ‘What the hell are you doing?’ responses.’’
The letter led, three years later, in 2006, to DuPont’s reaching a $16.5 million settlement with the E.P.A., which had accused the company of concealing its knowledge of PFOA’s toxicity and presence in the environment in violation of the Toxic Substances Control Act. (DuPont was not required to admit liability.) At the time, it was the largest civil administrative penalty the E.P.A. had obtained in its history, a statement that sounds more impressive than it is. The fine represented less than 2 percent of the profits earned by DuPont on PFOA that year.
The obvious next step was to file a class-action lawsuit against DuPont on behalf of everyone whose water was tainted by PFOA. In all ways but one, Bilott himself was in the ideal position to file such a suit. He understood PFOA’s history as well as anyone inside DuPont did. He had the technical and regulatory expertise, as he had proved in the Tennant case. The only part that didn’t make sense was his firm: No Taft lawyer, to anyone’s recollection, had ever filed a class-action lawsuit.
It was one thing to pursue a sentimental case on behalf of a few West Virginia cattle farmers and even write a public letter to the E.P.A. But an industry-threatening class-action suit against one of the world’s largest chemical corporations was different. It might establish a precedent for suing corporations over unregulated substances and imperil Taft’s bottom line. This point was made to Terp by Bernard Reilly, DuPont’s in-house lawyer, according to accounts from Bilott’s plaintiff’s-lawyer colleagues; they say Reilly called to demand that Bilott back off the case. (Terp confirms that Reilly called him but will not disclose the content of the call; Bilott and Reilly decline to speak about it, citing continuing litigation.) Given what Bilott had documented in his Famous Letter, Taft stood by its partner.
A lead plaintiff soon presented himself. Joseph Kiger, a night-school teacher in Parkersburg, called Bilott to ask for help. About nine months earlier, he received a peculiar note from the Little Hocking water district. It arrived on Halloween day, enclosed in the monthly water bill. The note explained that an unregulated chemical named PFOA had been detected in the drinking water in ‘‘low concentrations,’’ but that it was not a health risk. Kiger had underlined statements that he found particularly baffling, like: ‘‘DuPont reports that it has toxicological and epidemiological data to support confidence that exposure guidelines established by DuPont are protective of human health.’’ The term ‘‘support confidence’’ seemed bizarre, as did ‘‘protective of human health,’’ not to mention the claim that DuPont’s own data supported its confidence in its own guidelines.
Still, Kiger might have forgotten about it had his wife, Darlene, not already spent much of her adulthood thinking about PFOA. Darlene’s first husband had been a chemist in DuPont’s PFOA lab. (Darlene asked that he not be named so that he wouldn’t be involved in the local politics around the case.) ‘‘When you worked at DuPont in this town,’’ Darlene says today, ‘‘you could have everything you wanted.’’ DuPont paid for his education, it secured him a mortgage and it paid him a generous salary. DuPont even gave him a free supply of PFOA, which, Darlene says, she used as soap in the family’s dishwasher and to clean the car. Sometimes her husband came home from work sick — fever, nausea, diarrhea, vomiting — after working in one of the PFOA storage tanks. It was a common occurrence at Washington Works. Darlene says the men at the plant called it ‘‘Teflon flu.’’
In 1976, after Darlene gave birth to their second child, her husband told her that he was not allowed to bring his work clothes home anymore. DuPont, he said, had found out that PFOA was causing health problems for women and birth defects in children. Darlene would remember this six years later when, at 36, she had to have an emergency hysterectomy and again eight years later, when she had a second surgery. When the strange letter from the water district arrived, Darlene says, ‘‘I kept thinking back to his clothing, to my hysterectomy. I asked myself, what does DuPont have to do with our drinking water?’’
Joe called the West Virginia Department of Natural Resources (‘‘They treated me like I had the plague’’), the Parkersburg office of the state’s Department of Environmental Protection (‘‘nothing to worry about’’), the water division (‘‘I got shut down’’), the local health department (‘‘just plain rude’’), even DuPont (‘‘I was fed the biggest line of [expletive] anybody could have been fed’’), before a scientist in the regional E.P.A. office finally took his call.
‘‘Good God, Joe,’’ the scientist said. ‘‘What the hell is that stuff doing in your water?’’ He sent Kiger information about the Tennant lawsuit. On the court papers Kiger kept seeing the same name: Robert Bilott, of Taft Stettinius & Hollister, in Cincinnati.
Bilott had anticipated suing on behalf of the one or two water districts closest to Washington Works. But tests revealed that six districts, as well as dozens of private wells, were tainted with levels of PFOA higher than DuPont’s own internal safety standard. In Lubeck, the Kigers’ district, the water tested positive for PFOA at seven times the limit. All told, 70,000 people were drinking poisoned water. Some had been doing so for decades.
But Bilott faced a vexing legal problem. PFOA was not a regulated substance. It appeared on no federal or state list of contaminants. How could Bilott claim that 70,000 people had been poisoned if the government didn’t recognize PFOA as a toxin — if PFOA, legally speaking, was no different than water itself? In 2001, it could not even be proved that exposure to PFOA in public drinking water caused health problems. There was scant information available about its impact on large populations. How could the class prove it had been harmed by PFOA when the health effects were largely unknown?
The best metric Bilott had to judge a safe exposure level was DuPont’s own internal limit of one part per billion. But when DuPont learned that Bilott was preparing a new lawsuit, it announced that it would re-evaluate that figure. As in the Tennant case, DuPont formed a team composed of its own scientists and scientists from the West Virginia Department of Environmental Protection. It announced a new threshold: 150 parts per billion.
Bilott found the figure ‘‘mind-blowing.’’ The toxicologists he hired had settled upon a safety limit of 0.2 parts per billion. But West Virginia endorsed the new standard. Within two years, three lawyers regularly used by DuPont were hired by the state D.E.P. in leadership positions. One of them was placed in charge of the entire agency. ‘‘The way that transpired was just amazing to me,’’ Bilott says. ‘‘I suppose it wasn’t so amazing to my fellow counsel in West Virginia who know the system there. But it was to me.’’ The same DuPont lawyers tasked with writing the safety limit, Bilott said, had become the government regulators responsible for enforcing that limit.
Bilott devised a new legal strategy. A year earlier, West Virginia had become one of the first states to recognize what is called, in tort law, a medical-monitoring claim. A plaintiff needs to prove only that he or she has been exposed to a toxin. If the plaintiff wins, the defendant is required to fund regular medical tests. In these cases, should a plaintiff later become ill, he or she can sue retroactively for damages. For this reason, Bilott filed the class-action suit in August 2001 in state court, even though four of the six affected water districts lay across the Ohio border.
Meanwhile the E.P.A., drawing from Bilott’s research, began its own investigation into the toxicity of PFOA. In 2002, the agency released its initial findings: PFOA might pose human health risks not only to those drinking tainted water, but also to the general public — anyone, for instance, who cooked with Teflon pans. The E.P.A. was particularly alarmed to learn that PFOA had been detected in American blood banks, something 3M and DuPont had known as early as 1976. By 2003 the average concentration of PFOA in the blood of an adult American was four to five parts per billion. In 2000, 3M ceased production of PFOA. DuPont, rather than use an alternative compound, built a new factory in Fayetteville, N.C., to manufacture the substance for its own use.
Bilott’s strategy appeared to have worked. In September 2004, DuPont decided to settle the class-action suit. It agreed to install filtration plants in the six affected water districts if they wanted them and pay a cash award of $70 million. It would fund a scientific study to determine whether there was a ‘‘probable link’’ — a term that delicately avoided any declaration of causation — between PFOA and any diseases. If such links existed, DuPont would pay for medical monitoring of the affected group in perpetuity. Until the scientific study came back with its results, class members were forbidden from filing personal-injury suits against DuPont.
The chemical site near Parkersburg, W.Va., source of the waste at the center of the DuPont class-action lawsuit. CreditBryan Schutmaat for The New York Times
A reasonable expectation, at this point, was that the lawyers would move on. ‘‘In any other class action you’ve ever read about,’’ Deitzler says, ‘‘you get your 10 bucks in the mail, the lawyers get paid and the lawsuit goes away. That’s what we were supposed to do.’’ For three years, Bilott had worked for nothing, costing his firm a fortune. But now Taft received a windfall: Bilott and his team of West Virginian plaintiff lawyers received $21.7 million in fees from the settlement. ‘‘I think they were thinking, This guy did O.K.,’’ Deitzler says. ‘‘I wouldn’t be surprised if he got a raise.’’
Not only had Taft recouped its losses, but DuPont was providing clean water to the communities named in the suit. Bilott had every reason to walk away.
‘‘There was a gap in the data,’’ Bilott says. The company’s internal health studies, as damning as they were, were limited to factory employees. DuPont could argue — and had argued — that even if PFOA caused medical problems, it was only because factory workers had been exposed at exponentially higher levels than neighbors who drank tainted water. The gap allowed DuPont to claim that it had done nothing wrong.
Bilott represented 70,000 people who had been drinking PFOA-laced drinking water for decades. What if the settlement money could be used to test them? ‘‘Class members were concerned about three things,’’ Winter says. ‘‘One: Do I have C8 in my blood? Two: If I do, is it harmful? Three: If it’s harmful, what are the effects?’’ Bilott and his colleagues realized they could answer all three questions, if only they could test their clients. Now, they realized, there was a way to do so. After the settlement, the legal team pushed to make receipt of the cash award contingent on a full medical examination. The class voted in favor of this approach, and within months, nearly 70,000 West Virginians were trading their blood for a $400 check.
The team of epidemiologists was flooded with medical data, and there was nothing DuPont could do to stop it. In fact, it was another term of the settlement that DuPont would fund the research without limitation. The scientists, freed from the restraints of academic budgets and grants, had hit the epidemiological jackpot: an entire population’s personal data and infinite resources available to study them. The scientists designed 12 studies, including one that, using sophisticated environmental modeling technology, determined exactly how much PFOA each individual class member had ingested.
It was assured that the panel would return convincing results. But Bilott could not predict what those results would be. If no correlation was found between PFOA and illness, Bilott’s clients would be barred under the terms of the agreement from filing any personal-injury cases. Because of the sheer quantity of data provided by the community health study and the unlimited budget — it ultimately cost DuPont $33 million — the panel took longer than expected to perform its analysis. Two years passed without any findings. Bilott waited. A third year passed. Then a fourth, a fifth, a sixth. Still the panel was quiet. Bilott waited.
It was not a peaceful wait. The pressure on Bilott at Taft had built since he initiated the class-action suit in 2001. The legal fees had granted him a reprieve, but as the years passed without resolution, and Bilott continued to spend the firm’s money and was unable to attract new clients, he found himself in an awkward position.
‘‘This case,’’ Winter says, ‘‘regardless of how hugely successful it ends up, will never in the Taft firm’s mind replace what they’ve lost in the way of legal business over the years.’’
The longer it took for the science panel to conduct its research, the more expensive the case became. Taft continued to pay consultants to interpret the new findings and relay them to the epidemiologists. Bilott counseled class members in West Virginia and Ohio and traveled frequently to Washington to attend meetings at the E.P.A., which was deciding whether to issue advisories about PFOA. ‘‘We were incurring a lot of expenses,’’ Bilott says. ‘‘If the scientific panel found no link with diseases, we’d have to eat it all.’’
Clients called Bilott to say that they had received diagnoses of cancer or that a family member had died. They wanted to know why it was taking so long. When would they get relief? Among those who called was Jim Tennant. Wilbur, who had cancer, had died of a heart attack. Two years later, Wilbur’s wife died of cancer. Bilott was tormented by ‘‘the thought that we still hadn’t been able to hold this company responsible for what they did in time for those people to see it.’’
Taft did not waver in its support of the case, but the strain began to show. ‘‘It was stressful,’’ Sarah Barlage, Bilott’s wife, says. ‘‘He was exasperated that it was lasting a long time. But his heels were so dug in. He’s extremely stubborn. Every day that went by with no movement gave him more drive to see it through. But in the back of our minds, we knew that there are cases that go on forever.’’
His colleagues on the case detected a change in Bilott. ‘‘I had the impression that it was extremely tough on him,’’ Winter says. ‘‘Rob had a young family, kids growing up, and he was under pressure from his firm. Rob is a private person. He didn’t complain. But he showed signs of being under enormous stress.’’
In 2010, Bilott began suffering strange attacks: His vision would blur, he couldn’t put on his socks, his arms felt numb. His doctors didn’t know what was happening. The attacks recurred periodically, bringing blurry vision, slurred speech and difficulty moving one side of his body. They struck suddenly, without warning, and their effects lasted days. The doctors asked whether he was under heightened stress at work. ‘‘Nothing different than normal,’’ Bilott told them. ‘‘Nothing it hadn’t been for years.’’
The doctors ultimately hit upon an effective medication. The episodes ceased and their symptoms, apart from an occasional tic, are under control, but he still doesn’t have a diagnosis.
‘‘It was stressful,’’ Bilott says, ‘‘not to know what the heck was going on.’’
In December 2011, after seven years, the scientists began to release their findings: there was a ‘‘probable link’’ between PFOA and kidney cancer, testicular cancer, thyroid disease, high cholesterol, pre-eclampsia and ulcerative colitis.
‘‘There was relief,’’ Bilott says, understated nearly to the point of self-effacement. ‘‘We were able to deliver what we had promised to these folks seven years earlier. Especially since, for all those years, DuPont had been saying that we were lying, trying to scare and mislead people. Now we had a scientific answer.’’
As of October, 3,535 plaintiffs have filed personal-injury lawsuits against DuPont. The first member of this group to go to trial was a kidney-cancer survivor named Carla Bartlett. In October, Bartlett was awarded $1.6 million. DuPont plans to appeal. This may have ramifications well beyond Bartlett’s case: Hers is one of five ‘‘bellwether’’ cases that will be tried over the course of this year. After that, DuPont may choose to settle with every afflicted class member, using the outcome of the bellwether cases to determine settlement awards. Or DuPont can fight each suit individually, a tactic that tobacco companies have used to fight personal-injury lawsuits. At the rate of four trials a year, DuPont would continue to fight PFOA cases until the year 2890.
DuPont’s continuing refusal to accept responsibility is maddening to Bilott. ‘‘To think that you’ve negotiated in good faith a deal that everybody has abided by and worked on for seven years, you reach a point where certain things were to be resolved but then remain contested,’’ he says. ‘‘I think about the clients who have been waiting for this, many of whom are sick or have died while waiting. It’s infuriating.’’
In total, 70,000 people
were drinking poisoned
water. Some had been
doing so for decades.
As part of its agreement with the E.P.A., DuPont ceased production and use of PFOA in 2013. The five other companies in the world that produce PFOA are also phasing out production. DuPont, which is currently negotiating a merger with Dow Chemical, last year severed its chemical businesses: They have been spun off into a new corporation called Chemours. The new company has replaced PFOA with similar fluorine-based compounds designed to biodegrade more quickly — the alternative considered and then discarded by DuPont more than 20 years ago. Like PFOA, these new substances have not come under any regulation from the E.P.A. When asked about the safety of the new chemicals, Chemours replied in a statement: ‘‘A significant body of data demonstrates that these alternative chemistries can be used safely.’’
Last May, 200 scientists from a variety of disciplines signed the Madrid Statement, which expresses concern about the production of all fluorochemicals, or PFASs, including those that have replaced PFOA. PFOA and its replacements are suspected to belong to a large class of artificial compounds called endocrine-disrupting chemicals; these compounds, which include chemicals used in the production of pesticides, plastics and gasoline, interfere with human reproduction and metabolism and cause cancer, thyroid problems and nervous-system disorders. In the last five years, however, a new wave of endocrinology research has found that even extremely low doses of such chemicals can create significant health problems. Among the Madrid scientists’ recommendations: ‘‘Enact legislation to require only essential uses of PFASs’’ and ‘‘Whenever possible, avoid products containing, or manufactured using, PFASs. These include many products that are stain-resistant, waterproof or nonstick.’’
When asked about the Madrid Statement, Dan Turner, DuPont’s head of global media relations, wrote in an email: ‘‘DuPont does not believe the Madrid Statement reflects a true consideration of the available data on alternatives to long-chain perfluorochemicals, such as PFOA. DuPont worked for more than a decade, with oversight from regulators, to introduce its alternatives. Extensive data has been developed, demonstrating that these alternatives are much more rapidly eliminated from the body than PFOA, and have improved health safety profiles. We are confident that these alternative chemistries can be used safely — they are well characterized, and the data has been used to register them with environmental agencies around the world.’’
Every year Rob Bilott writes a letter to the E.P.A. and the West Virginia D.E.P., urging the regulation of PFOA in drinking water. In 2009, the E.P.A. set a ‘‘provisional’’ limit of 0.4 parts per billion for short-term exposure, but has never finalized that figure. This means that local water districts are under no obligation to tell customers whether PFOA is in their water. In response to Bilott’s most recent letter, the E.P.A. claimed that it would announce a ‘‘lifetime health advisory level for PFOA’’ by ‘‘early 2016.’’
This advisory level, if indeed announced, might be a source of comfort to future generations. But if you are a sentient being reading this article in 2016, you already have PFOA in your blood. It is in your parents’ blood, your children’s blood, your lover’s blood. How did it get there? Through the air, through your diet, through your use of nonstick cookware, through your umbilical cord. Or you might have drunk tainted water. The Environmental Working Group has found manufactured fluorochemicals present in 94 water districts across 27 states (see sidebar beginning on Page 38). Residents of Seattle; Wilmington, Del.; Colorado Springs; and Nassau County on Long Island are among those whose water has a higher concentration of fluorochemicals than that in some of the districts included in Rob Bilott’s class-action suit. The drinking water in Parkersburg itself, whose water district was not included in the original class-action suit and has failed to compel DuPont to pay for a filtration system, is currently tainted with high levels of PFOA. Most residents appear not to know this.
Where scientists have tested for the presence of PFOA in the world, they have found it. PFOA is 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.
‘‘We see a situation,’’ Joe Kiger says, ‘‘that has gone from Washington Works, to statewide, to the United States, and now it’s everywhere, it’s global. We’ve taken the cap off something here. But it’s just not DuPont. Good God. There are 60,000 unregulated chemicals out there right now. We have no idea what we’re taking.’’
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.’’
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.
STATES OF UNCERTAINTY
No one knows for certain how much PFOA is safe to drink. Rob Bilott’s lawsuit against DuPont in West Virginia included anyone whose drinking water had levels above 0.05 parts per billion. But last June, based on a comprehensive review of previous health studies, Philippe Grandjean of the Harvard School of Public Health and Richard Clapp of the University of Massachusetts-Lowell named an ‘‘approximate’’ safe level of 0.001 p.p.b. Soon thereafter, the nonprofit Environmental Working Group analyzed two years of E.P.A. survey data to find that this threshold had been exceeded — in some cases by factors of 100 or more — in 94 water systems across 27 states. Below, the estimated number of people in each state whose drinking water is affected.