New Film 'Dark Waters' Shines Light on Chemical Pollution History in Ohio River Valley
By Sharon Kelly
Dark Waters, the new film starring Mark Ruffalo as attorney Rob Bilott, is set in the Ohio River Valley city of Parkersburg, West Virginia — a place about 150 miles downstream from where Shell is currently building a sprawling plastics manufacturing plant, known as an "ethane cracker," in Beaver, Pennsylvania.
Ruffalo's film, directed by Todd Haynes, debuted to critical acclaim, earning a Rotten Tomatoes critics' rating of 91 percent, with The Atlantic calling it a "chilling true story of corporate indifference."
While much of Dark Waters, as the title suggests, centers on contaminated water, the story of perfluorooctanoic acid (PFOA), the Teflon-linked chemical at the heart of the film, is also a story about air pollution. And as much as the film looks back to history, DuPont's pollution — and the company's decades-long cover-up — may gain new relevance as the chemical industry plans a multi-billion dollar expansion, fed by fracked fossil fuels, along the banks of the Ohio.
The film begins as a detective story set in the 1990s, as Bilott, a corporate defense attorney, begins investigating the bizarre deaths of cattle in a farming region he'd visited as a child. Bilott discovers the chemical culprit's identity less than an hour into the 2 hour and 7 minute film — and then spends the remainder of the movie pitting his personal tenacity against the DuPont corporation's deep-pocketed endurance, as even partners at Bilott's own law firm question his work.
The movie highlights DuPont's legal maneuvering, showing the company seeking to evade liability by "notifying" customers that the chemical was in their water at levels the notice suggested were "safe" — starting a time clock running for the statute of limitations on DuPont's liability.
The film's extended runtime mirrors the duration of Bilott's real-life legal battles with DuPont, which began as a single civil suit on behalf of farmer Wilbur Tennant but gradually expanded to become one of the largest medical monitoring lawsuits in U.S. history. Real impacted people, including Bucky Bailey and Parkersburg elementary school teacher Joe Kiger and his wife, appear on screen along Ruffalo, Anne Hathaway and Tim Robbins, playing themselves in roles that layer an aura of realism onto the tale.
A Chemical History
Beyond the Ohio River Valley, PFOA, which according to a 2016 U.S. Environmental Protection Agency fact sheet, can cause cancer, harm to fetuses, immune system issues and other health problems, has spread rapidly around the world.
First developed in the lab less than a century ago, PFOA can now be found in the bloodstreams of an estimated 99.7 percent of Americans, according to the Centers for Disease Control and Prevention, and in wildlife ranging from polar bears to dolphins to bald eagles. Once released, PFOA and the hundreds of other PFAS chemicals like it may take millennia to break down. Tied together by one of nature's strongest known chemical bonds, the carbon-fluorine bond, the molecule doesn't naturally degrade from exposure to light or water to break down over time. Instead, it bioaccumulates in the bloodstream, building up and exposing those higher up the food chain to progressively higher levels of the chemical.
Bilott's class action lawsuit centers on the water contamination from PFOA, which DuPont started using to produce its nonstick coating Teflon at its Parkersburg plant in 1951. His plaintiffs were customers of six water districts along the Ohio River on both the West Virginia and Ohio sides of its banks.
But while DuPont buried drums of the PFOA waste on the banks of the Ohio and otherwise disposed of its waste — in part, long before the nation's cornerstone environmental laws were written — PFOA itself is also a powdery dust that readily becomes airborne — and the Ohio River is lined on both sides by tall hills that can at times trap air pollution in the valley, where coal and steel towns dot the riverbanks.
Documents obtained by Bilott's legal team show DuPont slowly realized the dangers that the mix of air pollution and steep hills posed to the surrounding communities. In fact, one DuPont lawyer later privately bemoaned the fact that the company, which had been secretly testing the water for decades, hadn't checked for PFOA in the air.
"We also learned that not only do we have people drinking our famous surfactant (PFOA), but levels in ambient air above our guidelines, sure we have margins of safety in our number, but we should have checked this years ago and taken steps to remedy, guess the hills on the other side of the river cause great conditions for high ambient levels, the plume hits them before it can disperse more fully," DuPont attorney Bernard Reilly wrote in an August 9, 2001 email. "Ugh."
Email that DuPont attorney Bernard Reilly wrote on Aug. 9, 2001.
PFOA's ability to become airborne may have helped it spread to some of the furthest reaches of the globe.
"The state of North Carolina has demonstrated atmospheric deposition of PFAS many miles downwind from a manufacturing facility," the Michigan Department of Environment said in a Q&A on the chemicals. "New Hampshire found contaminated groundwater was caused by atmospheric deposition of PFAS from industrial emissions of PFAS. Additionally, PFAS have been sampled and found in remote regions such as the Arctic."
In 2001, DuPont's attorney wrote that one scientist was so concerned about the PFOA air pollution in the valley that she suggested residents should wear masks. "Dr. Staats on our call last week seemed determined to assign a large does [sic] to air since that route of exposure is more difficult to deal with (e.g. she said it might require the public to wear 'gas masks'), of course she is aware of the recent dispersion modeling from the plant," Reilly wrote on Oct. 7 of that year.
Email that DuPont attorney Bernard Reilly wrote on Oct. 7, 2001.
DuPont also worked hard to pressure state environmental regulators to move slowly in response to the harms from PFOA — not because the dangers weren't real, but because the air pollution in the valley hadn't been accounted for.
"I go to Charleston Monday for a meeting Tuesday with WV regulators, we are also trying to convince them there is no emergency," Reilly wrote in an Oct. 13, 2001 email. "… [W]e are hoping [an independent agency] would actually agree to higher levels than we have been saying, if for no reason than we are exceeding the levels we say we set as our own guideline, mostly because no one bothered to do the air modeling until now, and our water test has been completely inadequate (until next week)."
Email that DuPont attorney Bernard Reilly wrote on Oct. 13, 2001.
Chemical Lessons for the Future
With an expanding petrochemical industry eyeing the Ohio as the site for tens of billions of dollars' worth of new petrochemical and plastic production, some in Parkersburg are wary of the environmental — and political — lessons from PFOA. Ohio and West Virginia have been slower than other states to respond to the pollution, reporter Nicholas Brumfield wrote in a piece published by expatalachians.
"For Parkersburg's Eric Engle, this inaction [on regulating PFAS in West Virginia and Ohio] is linked to the powerful influence of local petrochemical industries," Brumfield wrote. "'We have politicians still investing in petrochemicals to save the oil and gas industry … They're wanting to store ethane here now. We're still learning about the dangers of all these petrochemicals … We have to move past it,' Engle said.
It's worth observing that DuPont's PFOA pollution began long before today's federal environmental laws were written, like the Clean Water Act, the Clean Air Act and the Safe Drinking Water Act. Nonetheless, some in the Ohio River Valley remain concerned about the impacts that permitted pollution from new petrochemical projects could have.
"As I sat and watched the newly released movie Dark Waters, I thought, 'This could be the future of the Ohio River Valley,'" Randi Pokladnik, a retired research chemist who volunteers for the Ohio Valley Environmental Coalition, wrote in a Dec. 13 letter to the editor published by the Columbus Dispatch. "Ohio's regulatory agencies know millions of tons of toxins will be coming out of the plastics cracker smokestacks and into the air. They know toxic organic compounds will be flowing into the Ohio River."
Midway through Dark Waters, Darlene Kiger (played by Mare Winningham) describes the "Teflon flu" that workers, including her ex-husband — who used PFOA — developed. "We knew something wasn't right," Kiger says. "But this house, we bought it just by showing the bank my husband's DuPont ID. Put both our kids through college, engineers. And, in this town, that doesn't come without a price."
That's a moral dilemma that may confront more residents along the Ohio if the petrochemical industry arrives en masse (though it's worth noting that DuPont's Parkersburg plant employed 2,000 directly and roughly 1,000 more contractors, while modern petrochemical plants like Shell's ethane cracker in Beaver will employ an expected 600).
In the meantime, Dark Waters offers a look back at the extraordinary tenacity — and at times, simple luck — it took for those outside DuPont's inner circle to begin to understand the hazards and the harms the company's chemical contamination had caused.
Reposted with permission from DeSmogBlog.
After decades on the political periphery, the climate movement is entering the mainstream in 2020, with young leaders at the fore. The Sunrise Movement now includes more than 400 local groups educating and advocating for political action on climate change. Countless students around the world have clearly communicated what's at stake for their futures, notably Swedish activist Greta Thunberg, who just finished her yearlong school strike for climate. Youth activists have been praised for their flexible, big-picture thinking and ability to harness social media to deliver political wins, as Sunrise recently did for U.S. Sen. Ed Markey's primary campaign. They necessarily challenge the status quo.
A Convergence of Issues<p>The unequal impacts of a changing climate have become extremely clear in 2020, so equity has come to the fore of climate conversations in every corner of the country. A global deadly pandemic continues to rage out of control in the U.S., heat waves are setting new temperature records, wildfires are scorching American Western states, and the hurricane season has already made it to the end of the alphabet for naming storms. In all cases, low-income, Black, Latinx, and Indigenous communities are bearing a disproportionate amount of the impacts.</p><p>"Today, the scab is off, the ugly reality of injustice is hitting us up close and personal, made more realistic by this COVID pandemic," Bullard says.</p><p>This year the decidedly youthful focus on intersectionality is a big part of what defines the transformation of the climate movement. Climate is not just an environmental issue, according to youth activists. It's also a racial justice issue, an economic issue, and an access-to-health care issue.</p><p>"Environmental justice is really seeing the intersection of these issues," says Alex Rodriguez, a community organizer with the Connecticut League of Conservation Voters, which aims to make environmental issues a priority for the state's elected leaders. The group is now focusing their efforts on the coming election and recently succeeded in persuading the state to allow absentee voting in November. "We want people to be safe when casting their vote," says Rodriguez, 26, whose fellow grassroots committee members range from age 16 to 60.</p><p>Rodriguez, who also serves on the equity and environmental justice working group for the Governor's Council on Climate Change, says, "We see our programmatic work as a way to help lawmakers see what they can do to improve the dignity of those suffering from environmental racism, systematic racism, and economic oppression."</p><p>Seeing the overlap and bringing these issues together is a strength that Bullard says was missing from the civil rights organizing he was involved with in the 1960s. He says 2020 is unique in many ways.</p><p>"The number of marchers is unprecedented, from different economic, ethnic, and racial groups—an awakening unlike any that I've seen on this Earth in over 70 years," Bullard says. "Today, the different movements are converging, and I think that convergence makes for greater potential for success."</p>
Young and Old<p>But young people are one essential demographic among many when it comes to climate action. With all that's on the line for climate in the coming elections, up and down the ballot, collaboration becomes key. Bullard says previous generations of climate activists can now play the critical role of mentoring, assisting, and supporting. Standing with, not in front of, youth.</p><p>"Youth are leading us and taking on frontline activity," says Jayce Chiblow, the community engagement lead for Indigenous Climate Action, a Canadian organization that works for Indigenous-led climate justice solutions. But in doing so, she says many young Indigenous activists are experiencing the trauma of violence, getting arrested, and being taken away from their land. "All of our older people are supporting those youth: Elders, mentors, people trained in nonviolent action," Chiblow says. "The youth aren't alone."</p><p>That support can go a long way. "There's a lot of anger and a lot of fear, and that's understandable," says Wazer of Sunrise Connecticut. "I definitely feel those things, too, just considering the ways that our future has been threatened and kind of trashed by older generations."</p><p>Under the Trump administration, the number of environmental rollbacks alone can be disheartening, not to mention new <a href="https://www.yesmagazine.org/video/arctic-national-wildlife-refuge/" target="_blank">drilling permits in the Alaska National Wildlife Refuge going up for auction</a>.</p><p>Wazer is frank about the risks of burnout, depression, and anxiety from the stress of it all, but draws inspiration from the example of the late U.S. representative and lifelong civil rights activist John Lewis. "That forgiveness and that ability to keep fighting and stay motivated … I think that that is something really powerful to learn from older generations."</p><p>An intergenerational approach can leverage the individual strengths of youth and older people in all their diversity.</p><p>"The elders hold our stories," says Chiblow, who is Anishinaabe from Garden River First Nation, Ontario. Those stories include lived experiences, culture, history, and generations of adapting to changes in climate. Such collective experience continues to inform Indigenous knowledge and connections to the land, as well as how people manage and govern themselves in relation to it. This knowledge is passed on through relationship-building and storytelling.</p><p>"Every time you hear that story, you're at a different point in your life, and you'll pick up something else … something new," Chiblow says.</p><p>Changes in perspectives that come with time and experience are among the reasons why intergenerational learning and coalitions are critical to the climate movement. To combine that living and learning is to expand the reach and meaning of the message exponentially. As part of her research for her master's degree, Chiblow brought together youth, community leaders, and knowledge keepers in her community to workshop climate action. "Those relationships are vital to keep that movement going," Chiblow says.</p>
The Unique Value Proposition of Elders<p>Older activists bring unique strengths to the table, according to gerontologist Mick Smyer, who designs strategies to move people from anxiety to action on climate. He calls himself "the aging whisperer to climate groups" and "the climate whisperer to aging groups." He is quick to point out that the learning can go in both directions.</p><p>"I think older adults are untapped resources," Smyer says. "Older adults bring several resources, one of which is their circles of influence. Just by virtue of having lived longer, older adults are going to have denser and richer networks," Smyer says. "The second is, when it comes to voting and civic engagement, older adults, as an age group, outperform all other age groups."</p><p>He uses the 2016 presidential election to illustrate his point: "The older age groups, 70% of them voted. Nobody [else] came close." He is cautious about making sweeping statements about older people broadly, but he says that ageism is alive and well. And that can deter the kind of collaboration that would beget necessary progress on climate action.</p><p>As the twin global patterns of an aging population and a changing climate continue arm in arm, Smyer says a good place for starting this work is within one's family.</p><p>"We each have that power to use in our circles of influence, particularly in our families, and we don't realize it," Smyer says. Whether it's via Zoom or FaceTime or a phone call or a chat in the living room, Smyer says, family members have a superpower: They will listen to each other, and they'll at least start the conversation.</p><p> "Intergenerational collaboration around climate issues, particularly in this election season, starts at home, and then goes to the polling booth," he says.</p>
Speaking the Same Language<p>As an individual's network of family, friends, and connections becomes wider and more diverse, the more work will need to be done to have them all working toward the same goals. That is equally true for the climate movement at large.</p><p>In bridging the gaps among baby boomers, Gen Xers, and millennials, Bullard says, "Each generation will have some idiosyncrasy and uniqueness about it that another generation will not understand or comprehend."</p><p>If everybody in a group or institution is similar, then there's no need to explain a lot, Bullard says. There's usually a fair amount of shared knowledge and values. But the more diverse that group gets, in age, race, gender, or culture, he says, the greater the potential for making mistakes, stepping on people's culture, and causing pain. But the potential for learning also increases exponentially.</p><p>Chiblow says successful collaboration comes down to being able to speak in shared concepts. The term "justice," for example, is an English word that's hard to translate into the Anishinaabe language. Chiblow says that because her community sees itself as belonging to the land, and being part of the land, the Anishinaabe worldview, and therefore their understanding of justice, is necessarily more holistic than the mainstream.</p><p>"Indigenous people have been feeling [the effects of climate change] for so long," Chiblow says. Today, as wildfires rage across the West, the mantra of "I can't breathe" is being driven home on a grand scale. For better and worse, climate justice is finally a front-page story.</p><p>"It's affecting the broader society," Chiblow says. "We're finally at the turning point where we could start to make real change because … people are really starting to feel that urgency."</p><p>The urgency will be tantamount in the coming election. A lot is at stake, says Chiblow: "Incentives, funding, all-around agreement, and also the way we're able to manage our lands and ourselves as people."</p><p>Bullard, too, is insistent on urgency. "This election is one of the most important elections of a generation, because there's so many things at stake," he says. "We can't wait another 40 years on climate. We don't have that much time. We don't have 40 years to get justice."</p><p>Issues of climate justice will be on the ballot in state and local elections this fall, such as Nevada's proposed renewable energy standards and Louisiana's proposed disaster funding. And the topic has finally made it onto the national stage. Joe Biden called Trump a "climate arsonist" for not acting on or even admitting that the wildfires in California are clearly climate-related. The frequency and intensity of such disasters is indisputable.</p><p>"Hurricanes don't swerve to avoid red states or blue states. Wildfires don't skip towns that voted a certain way," Biden <a href="https://abcnews.go.com/Politics/biden-address-west-coast-fires-confront-growing-threat/story?id=73000218" target="_blank">said in a speech on Sept. 14</a>. "The impacts of climate change don't pick and choose. That's because it's not a partisan phenomenon."</p><p>In many ways, the results of the upcoming elections will reflect the ways youth activists and older activists are able come to a common understanding of what climate justice means and what they want the future world to look like. </p><p>"There's a lot of knowledge built up in experience, and there's a lot of energy that's stored in young people," Bullard says. "When you put those two together, you have … an excellent recipe for potential success."</p>
- Climate Activists Prepare for November Election - EcoWatch ›
- Covering the 2020 Elections as a Climate Story - EcoWatch ›
- Trump and Biden: Little Room for Climate Change in 2020 Election ... ›
EcoWatch Daily Newsletter
By Simon Montlake
For more than a decade, Susan Jane Brown has been battling to stop a natural gas pipeline and export terminal from being built in the backcountry of Oregon. As an attorney at the nonprofit Western Environmental Law Center, she has repeatedly argued that the project's environmental, social, and health costs are too high.
All that was before this month's deadly wildfires in Oregon shrouded the skies above her home office in Portland. "It puts a fine point on it. These fossil fuel projects are contributing to global climate change," she says.
Moderates Feeling the Heat<p>If elected, Mr. Biden has vowed to stop new drilling for oil and gas on federal land and in federal waters and to rejoin the 2015 Paris climate accord that President Donald Trump gave notice of quitting. He would reinstate Obama-era regulations of greenhouse gas emissions, including methane, the largest component of natural gas.</p><p>The Biden climate platform also states that all federal infrastructure investments and federal permits would need to be assessed for their climate impacts. Analysts say such a test could impede future LNG plants and pipelines, though not those that already have federal approval. </p><p>Climate change activists who pushed for that language say much depends on who would have oversight of federal agencies that regulate the industry. Some are wary of Biden's reliance on advice from Obama-era officials, including former Energy Secretary Ernest Moniz, who is now on the board of Southern Company, a utility, and a former Obama environmental aide, Heather Zichal, who has served on the board of Cheniere Energy, an LNG exporter. </p>
The Push for U.S. Fuel Exports<p>As vice president, Biden was part of an administration that pushed hard for global climate action while also promoting U.S. oil and gas exports to its allies and trading partners. As fracking boomed, Obama ended a 40-year ban on crude oil exports. In Europe, LNG was touted both as an alternative to coal and as strategic competition with Russian pipelines.</p><p>That much, at least, continued with President Trump. Under Energy Secretary Rick Perry, the agency referred to liquified U.S. hydrocarbons as "<a href="https://www.nytimes.com/2019/05/29/us/freedom-gas-energy-department.html" target="_blank">freedom gas</a>."</p><p>Mr. Trump has also championed the interests of coal, oil, and gas while denigrating the findings of government climate scientists. He rejected the Paris accord as unfair to the U.S. and detrimental to its economy, but has offered no alternative path to emissions cuts. </p><p>Still, Trump's foreign policy has not always served the LNG industry: Tariffs on foreign steel drove up pipeline costs, and a trade war with China stayed the hand of Chinese LNG importers wary of reliance on U.S. suppliers. </p><p>Even his regulatory rollbacks could be a double-edged sword. By relaxing curbs last month on methane leaks, the U.S. has ceded ground to European regulators who are drafting emissions standards that LNG producers are watching closely. "That's a precursor of fights that will be fought in all the rest of the developed world," says Mr. Hutchison. </p><p>Indeed, some oil-and-gas exporters had urged the Trump administration not to abandon the tougher rules, since they undercut their claim to offer a cleaner-burning way of producing heat and electricity. "U.S. LNG is not going to be able to compete in a world that's focused on methane emissions and intensity," says Erin Blanton, a senior research scholar at the Center on Global Energy Policy at Columbia University. </p>
Stepping on the Gas<p>In July, the Department of Energy issued an export license to Jordan Cove's developer, Canada's Pembina Pipeline Corp. In a statement, Energy Secretary Dan Brouillette said the project would provide "reliable, affordable, and cleaner-burning natural gas to our allies around the world."</p><p>As a West Coast terminal, Jordan Cove offers a faster route to Asia where its capacity of 7.8 million tons of LNG a year could serve to heat more than 15 million homes. At its peak, its construction would also create 6,000 jobs, the company says, in a stagnant corner of Oregon.</p><p>But the project still lacks multiple local and state permits, and its biggest asset – a Pacific port – has become its biggest handicap, says Ms. Blanton. "They are putting infrastructure in a state where there's no political support for the pipeline or the terminal, unlike in Louisiana or Texas," she says. </p><p>Ms. Brown, the environmental lawyer, says she wants to see Jordan Cove buried, not just mothballed until natural gas prices recover. But she knows that it's only one among many LNG projects and that others will likely get built, even if Biden is elected in November, despite growing evidence of the harm caused by methane emissions. </p>
- Biden Commits to Banning Fossil Fuel Subsidies After DNC Dropped It ›
- As Biden Embraces More Ambitious Climate Plan, Fossil Fuel Execs ... ›
- Biden Announces $2 Trillion Climate and Green Recovery Plan ... ›
By Grayson Jaggers
The connection between the pandemic and our dietary habits is undeniable. The stress of isolation coupled with a struggling economy has caused many of us to seek comfort with our old friends: Big Mac, Tom Collins, Ben and Jerry. But overindulging in this kind of food and drink might not just be affecting your waistline, but could potentially put you at greater risk of illness by hindering your immune system.
- 15 Indigenous Crops to Boost Your Immune System and Celebrate ... ›
- 15 Supplements to Boost Your Immune System Right Now - EcoWatch ›
- Should I Exercise During the Coronavirus Pandemic? Experts ... ›
- The Immune System's Fight Against the Coronavirus - EcoWatch ›
As the world continues to navigate the line between reopening and maintaining safety protocols to slow the spread of the coronavirus, rapid and accurate diagnostic screening remains critical to control the outbreak. New mobile-phone-based, self-administered COVID-19 tests being developed independently around the world could be a key breakthrough in making testing more widely available, especially in developing nations.
- FDA Approves First In-Home Test for Coronavirus - EcoWatch ›
- When Should You Get a COVID-19 or Antibody Test? - EcoWatch ›
- Trump Plans to End Federal Funding for COVID-19 Testing Sites ... ›
- Trump Insider Embeds Climate Denial Into Agency Reports ... ›
- Climate Denier Is Named to Leadership Role at NOAA - EcoWatch ›