Groups Sue California Department of Public Health for Failing to Protect Millions from Toxic Drinking Water
The Natural Resources Defense Council (NRDC) and the Environmental Working Group (EWG) sued the California Department of Public Health on Aug. 14 for failing to protect millions of Californians from hexavalent chromium, the cancer-causing chemical made infamous in the movie Erin Brockovich for contaminating drinking water and sickening residents in the town of Hinkley, California.
The agency was supposed to establish a safe drinking water standard for hexavalent chromium eight years ago, but has failed in its duty to safeguard citizens from the toxin.
“Millions of Californians are drinking toxic water today due to government neglect,” said Nicholas Morales, attorney at the NRDC. “The state has not protected our drinking water supply from this carcinogen, so we’re going to the courts to put a stop to it. Clean drinking water is a precious resource, and it’s about time it’s treated as such.”
An EWG analysis of official records from the California Department of Public Health’s water quality testing conducted between 2000 and 2011 revealed that about one-third of the more than 7,000 drinking water sources sampled were contaminated with hexavalent chromium at levels that exceed safe limits. These water sources are spread throughout 52 of 58 counties, impacting an estimated 31 million Californians.
In 2001, the California State Legislature mandated the agency adopt a standard by Jan. 1, 2004, giving it two years to do so. Eight years past its legal deadline, the agency still hasn’t made any visible progress and says it could take several more years before a final standard is completed. Filed in the California Superior Court of Alameda, NRDC and EWG’s suit contends the department’s delay is unjustified and it must rapidly proceed to finalize the standard.
“Communities all over California and the U.S. are being poisoned by this dangerous chemical,” said Erin Brockovich, an environmental and consumer advocate. “We have waited long enough and the people of California should not continue to be exposed to unsafe levels of this toxin in their tap water. The California Department of Public Health needs to do its job and adopt a strong standard for hexavalent chromium in drinking water.”
Drinking water sources in Sacramento, San Jose, Los Angeles and Riverside were found to exceed the safe limits of hexavalent chromium, according to a 2010 EWG report that tested 25 U.S. cities’ tap water for hexavalent chromium contamination.
The report also found this threat isn’t limited to California. At least 74 million Americans in thousands of communities across 42 states drink tap water polluted with “total chromium,” which includes hexavalent and other forms of the metal.
Even though hexavalent chromium is known to cause cancer, reproductive harm and other severe health effects, there is no national or state drinking water standard for hexavalent chromium. Therefore, water agencies don’t have to comprehensively monitor for or remove hexavalent chromium before it comes out of the tap.
"You’d think the state of California would have moved quickly to protect its citizens from this carcinogen, which, sadly, still flows from the taps of millions of residents,” Renee Sharp, a senior scientist and director of EWG’s California office said. “It’s absolutely unacceptable that at this minute countless children in California are likely drinking a glass of water laced with unsafe levels hexavalent chromium.”
The California Environmental Protection Agency's Office of Environmental Health Hazard Assessment announced a final “Public Health Goal” for hexavalent chromium in drinking water in July 2011, a preliminary step in creating a drinking water standard. The goal was set at 0.02 parts per billion, a level that does not pose a significant health risk to people.
While this goal has been set for more than a year, the department has not taken the necessary steps for setting a “Maximum Contaminant Level”—the maximum concentration of a chemical that is allowed in public drinking water systems—for hexavalent chromium.
The department’s plan to take several more years to finalize a rulemaking that is already eight years behind schedule is too long, especially since the agency could fall behind its own intended schedule, and industry pressure could delay the standard even more.
Communities adjacent to industrial facilities using hexavalent chromium or Superfund sites, such as low income communities like Hinkley and communities of color are among those most highly exposed to hexavalent chromium pollution. People can be exposed to hexavalent chromium by drinking contaminated water, eating contaminated food, by inhaling it or by exposure to contaminated soils.
Hexavalent chromium usually enters the drinking water supply by running off from industrial operations into surface waters or leaching from soil into groundwater.
Hexavalent chromium is used for the production of stainless steel, textile dyes, wood preservation, leather tanning and as an anti-corrosive as well as a variety of niche uses. Due to its wide use by industry, hexavalent chromium is a common pollutant found at contaminated sites and has been documented at approximately two-thirds of Superfund sites.
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By Bob Jacobs
Hanako, a female Asian elephant, lived in a tiny concrete enclosure at Japan's Inokashira Park Zoo for more than 60 years, often in chains, with no stimulation. In the wild, elephants live in herds, with close family ties. Hanako was solitary for the last decade of her life.
Hanako, an Asian elephant kept at Japan's Inokashira Park Zoo; and Kiska, an orca that lives at Marineland Canada. One image depicts Kiska's damaged teeth. Elephants in Japan (left image), Ontario Captive Animal Watch (right image), CC BY-ND
Affecting Health and Altering Behavior<p>It is easy to observe the overall health and psychological consequences of life in captivity for these animals. Many captive elephants suffer from arthritis, obesity or skin problems. Both <a href="https://doi.org/10.11609/JoTT.o2620.1826-36" target="_blank">elephants</a> and orcas often have severe dental problems. Captive orcas are plagued by <a href="https://doi.org/10.1016/j.jveb.2019.05.005" target="_blank">pneumonia, kidney disease, gastrointestinal illnesses and infections</a>.</p><p>Many animals <a href="https://doi.org/10.1016/j.neubiorev.2017.09.010" target="_blank">try to cope</a> with captivity by adopting abnormal behaviors. Some develop "<a href="https://doi.org/10.1016/j.applanim.2017.05.003" target="_blank" rel="noopener noreferrer">stereotypies</a>," which are repetitive, purposeless habits such as constantly bobbing their heads, swaying incessantly or chewing on the bars of their cages. Others, especially big cats, pace their enclosures. Elephants rub or break their tusks.</p>
Changing Brain Structure<p>Neuroscientific research indicates that living in an impoverished, stressful captive environment <a href="https://doi.org/10.1016/j.jveb.2019.05.005" target="_blank" rel="noopener noreferrer">physically damages the brain</a>. These changes have been documented in many <a href="https://doi.org/10.1002/cne.903270108" target="_blank" rel="noopener noreferrer">species</a>, including rodents, rabbits, cats and <a href="https://doi.org/10.1006/nimg.2001.0917" target="_blank" rel="noopener noreferrer">humans</a>.</p><p>Although researchers have directly studied some animal brains, most of what we know comes from observing animal behavior, analyzing stress hormone levels in the blood and applying knowledge gained from a half-century of neuroscience research. Laboratory research also suggests that mammals in a zoo or aquarium have compromised brain function.</p>
This illustration shows differences in the brain's cerebral cortex in animals held in impoverished (captive) and enriched (natural) environments. Impoverishment results in thinning of the cortex, a decreased blood supply, less support for neurons and decreased connectivity among neurons. Arnold B. Scheibel, CC BY-ND<p>Subsisting in confined, barren quarters that lack intellectual stimulation or appropriate social contact seems to <a href="https://doi.org/10.1590/S0001-37652001000200006" target="_blank" rel="noopener noreferrer">thin the cerebral cortex</a> – the part of the brain involved in voluntary movement and higher cognitive function, including memory, planning and decision-making.</p><p>There are other consequences. Capillaries shrink, depriving the brain of the oxygen-rich blood it needs to survive. Neurons become smaller, and their dendrites – the branches that form connections with other neurons – become less complex, impairing communication within the brain. As a result, the cortical neurons in captive animals <a href="https://doi.org/10.1002/cne.901230110" target="_blank">process information less efficiently</a> than those living in <a href="https://doi.org/10.1002/dev.420020208" target="_blank">enriched, more natural environments</a>.</p>
An actual cortical neuron in a wild African elephant living in its natural habitat compared with a hypothesized cortical neuron from a captive elephant. Bob Jacobs, CC BY-ND<p>Brain health is also affected by living in small quarters that <a href="https://doi.org/10.3233/BPL-160040" target="_blank">don't allow for needed exercise</a>. Physical activity increases the flow of blood to the brain, which requires large amounts of oxygen. Exercise increases the production of new connections and <a href="http://dx.doi.org/10.1126/science.aaw2622" target="_blank">enhances cognitive abilities</a>.</p><p>In their native habits these animals must move to survive, covering great distances to forage or find a mate. Elephants typically travel anywhere from <a href="https://www.elephantsforafrica.org/elephant-facts/#:%7E:text=How%20far%20do%20elephants%20walk,km%20on%20a%20daily%20basis." target="_blank">15 to 120 miles per day</a>. In a zoo, they average <a href="https://doi.org/10.1371/journal.pone.0150331" target="_blank" rel="noopener noreferrer">three miles daily</a>, often walking back and forth in small enclosures. One free orca studied in Canada swam <a href="https://doi.org/10.1007/s00300-010-0958-x" target="_blank" rel="noopener noreferrer">up to 156 miles a day</a>; meanwhile, an average orca tank is about 10,000 times smaller than its <a href="https://www.cascadiaresearch.org/projects/killer-whales/using-dtags-study-acoustics-and-behavior-southern" target="_blank" rel="noopener noreferrer">natural home range</a>.</p>
Disrupting Brain Chemistry and Killing Cells<p>Living in enclosures that restrict or prevent normal behavior creates chronic frustration and boredom. In the wild, an animal's stress-response system helps it escape from danger. But captivity traps animals with <a href="https://doi.org/10.1073/pnas.1215502109" target="_blank">almost no control</a> over their environment.</p><p>These situations foster <a href="https://doi.org/10.1037/rev0000033" target="_blank">learned helplessness</a>, negatively impacting the <a href="https://doi.org/10.1155/2016/6391686" target="_blank" rel="noopener noreferrer">hippocampus</a>, which handles memory functions, and the <a href="https://doi.org/10.1016/j.neuropharm.2011.02.024" target="_blank" rel="noopener noreferrer">amygdala</a>, which processes emotions. Prolonged stress <a href="https://doi.org/10.3109/10253899609001092" target="_blank" rel="noopener noreferrer">elevates stress hormones</a> and <a href="https://doi.org/10.1523/JNEUROSCI.10-09-02897.1990" target="_blank" rel="noopener noreferrer">damages or even kills neurons</a> in both brain regions. It also disrupts the <a href="https://doi.org/10.1016/j.neubiorev.2005.03.021" target="_blank" rel="noopener noreferrer">delicate balance of serotonin</a>, a neurotransmitter that stabilizes mood, among other functions.</p><p>In humans, <a href="https://doi.org/10.1006/nimg.2001.0917" target="_blank" rel="noopener noreferrer">deprivation</a> can trigger <a href="https://doi.org/10.3389/fnins.2018.00367" target="_blank" rel="noopener noreferrer">psychiatric issues</a>, including depression, anxiety, <a href="https://doi.org/10.3389/fnins.2018.00367" target="_blank" rel="noopener noreferrer">mood disorders</a> or <a href="https://doi.org/10.1177/1073858409333072" target="_blank" rel="noopener noreferrer">post-traumatic stress disorder</a>. <a href="https://doi.org/10.1007/s00429-010-0288-3" target="_blank" rel="noopener noreferrer">Elephants</a>, <a href="https://doi.org/10.1371/journal.pbio.0050139" target="_blank" rel="noopener noreferrer">orcas</a> and other animals with large brains are likely to react in similar ways to life in a severely stressful environment.</p>
Damaged Wiring<p>Captivity can damage the brain's complex circuitry, including the basal ganglia. This group of neurons communicates with the cerebral cortex along two networks: a direct pathway that enhances movement and behavior, and an indirect pathway that inhibits them.</p><p>The repetitive, <a href="http://dx.doi.org/10.1016/j.bbr.2014.05.057" target="_blank">stereotypic behaviors</a> that many animals adopt in captivity are caused by an imbalance of two neurotransmitters, dopamine and <a href="https://doi.org/10.1016/j.neubiorev.2010.02.004" target="_blank" rel="noopener noreferrer">serotonin</a>. This impairs the indirect pathway's ability to modulate movement, a condition documented in species from chickens, cows, sheep and horses to primates and big cats.</p>
The cerebral cortex, hippocampus and amygdala are physically altered by captivity, along with brain circuitry that involves the basal ganglia. Bob Jacobs, CC BY-ND<p>Evolution has constructed animal brains to be exquisitely responsive to their environment. Those reactions can affect neural function by <a href="https://www.penguinrandomhouse.com/books/311787/behave-by-robert-m-sapolsky/" target="_blank">turning different genes on or off</a>. Living in inappropriate or abusive circumstance alters biochemical processes: It disrupts the synthesis of proteins that build connections between brain cells and the neurotransmitters that facilitate communication among them.</p><p>There is strong evidence that <a href="https://doi.org/10.1523/JNEUROSCI.0577-11.2011" target="_blank">enrichment</a>, social contact and appropriate space in more natural habitats are <a href="https://doi.org/10.1111/j.1748-1090.2003.tb02071.x" target="_blank" rel="noopener noreferrer">necessary</a> for long-lived animals with large brains such as <a href="https://doi.org/10.1371/journal.pone.0152490" target="_blank" rel="noopener noreferrer">elephants</a> and <a href="https://doi.org/10.1080/13880292.2017.1309858" target="_blank" rel="noopener noreferrer">cetaceans</a>. Better conditions <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5543669/" target="_blank" rel="noopener noreferrer">reduce disturbing sterotypical behaviors</a>, improve connections in the brain, and <a href="https://doi.org/10.1038/cdd.2009.193" target="_blank" rel="noopener noreferrer">trigger neurochemical changes</a> that enhance learning and memory.</p>