Summary: An Ohio jury awards $1.6 million after finding DuPont liable for dumping toxic chemicals into drinking water near its Washington Works Plant in Parkersburg, West Virginia. The Environmental Protection Agency has yet to set a definitive standard allowable for the chemical, C8, in drinking water even though it is hazardous to human health, making it difficult to hold companies responsible for their actions.

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By Lauren Gates

On October 7, 2015, an Ohio jury awarded Carla Marie Bartlett $1.6 million ($1.1 million for negligence and $500,000 for emotional distress) after finding DuPont liable for leaking a toxic chemical into drinking water near one of its plants. Bartlett, who lived in Coolville, Ohio, a few miles away from the Parkersburg plant, was diagnosed with kidney cancer in 1997. This case, Bartlett v. E.I. du Pont de Nemours & Co. , was the first of two test cases that are part of more than 3,500 cases for individuals that either reside near or work at DuPont’s Washington Works Plant in Parkersburg, West Virginia. The plaintiffs all believe they contracted one of six diseases linked to the same chemical, perfluorooctanoic acid, or C8. The chemical was used by DuPont to make Teflon and is found in numerous household items such as kitty litter, cosmetics, and dental floss.

For decades DuPont buried C8 in unlined landfills and also dumped up to 50,000 pounds per year directly into the Ohio River but it was not until March 2001 that an attorney, Robert Bilott, tried to hold DuPont accountable and eliminate the chemical from the water supply. Billot sent packages containing over 100 documents he obtained through discovery in 1999 to the West Virginia Department of Environmental Protection and the Attorney General of the United States. The documents revealed that DuPont knew for years that C8 is dangerous to health and that it entered drinking water so urces. The Environmental Protection Agency filed a lawsuit against DuPont in July of 2004 alleging that DuPont concealed evidence and DuPont eventually settled with EPA for $165 million, which pales in comparison to the $1 billion per year DuPont made in revenue for products containing C8.

In September of 2004, attorneys represented 80,000 plaintiffs in a class action lawsuit against DuPont which settled for $374 million. Part of the agreement stipulated that a portion of the money would go to fund a study to determine whether C8 actually harmed people. In 2005, residents near the Washington Works Plant were invited to be part of a health study conducted by court-appointed epidemiologists. In 2012, the results from the study were released and scientists found “more likely than not” that C8 exposure was linked to numerous health conditions including: testicular cancer, kidney cancer, liver cancer, thyroid disease, ulcerative colitis, high cholesterol, and pregnancy-induced hypertension. Based on these results, 3,500 residents that did not settle in the 2004 class action suit have brought individual liability lawsuits against DuPont for health problems linked to C8.

As of 2014, EPA found C8 in 94 public water systems in 27 states, serving over 6.5 million Americans. Additionally, C8 is in the bloodstream of 99.7% of Americans. The Toxic Substances Control Act of 1976 empowers EPA to study health impacts of chemicals and regulate its use but EPA has little authority to prevent use of chemicals before it is shown to be safe. Currently, EPA does not have an official drinking water standard for C8 and has only set a health advisory level for drinking water of .4 parts per billion. Studies suggest that even the advisory level for drinking water is not enough to protect the public. In May of 2015, over 200 scientists, including chemists, toxicologists, and epidemiologists, signed a statement urging governments to restrict the use of C8 because of the “risk of adverse effects on human health and environment.” If EPA sets definitive standard it would help people interpret results from water monitoring and would enable those affected to hold companies accountable for their actions.

Lauren Gates is a 3L at Vermont Law School, working towards her Masters of Environmental Law a

nd Policy, Water Law Certificate, and Energy Law Certificate. Prior to

law school, she attended Fairmont State University in West Virginia where she earned a B.S. in Biology. She is currently interning for the Vermont Natural Resources Board. Lauren enjoys reading, traveling, and spending time with friends and family.

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