Lawsuit Filed Against 3M for Dumping Toxic Chemicals Into the Tennessee River
By Tennessee Riverkeeper
With a major American river poisoned by toxic chemicals dumped into it by one of the nation's largest corporations, Tennessee Riverkeeper has filed a federal lawsuit against 3M Company and other defendants under the U.S. Resource Conservation and Recovery Act (RCRA).
The suit alleges the defendants' contamination of the Tennessee River in and near Decatur, Alabama with perfluorooctanoic acid (PFOA), perfluorooctane sulfonate (PFOS) and related chemicals has created an “imminent and substantial endangerment to health and the environment."
The toxins—components or byproducts of 3M's manufacture of its profitable lines of “non-stick" products like Scotchgard and Stainmaster—have polluted the Tennessee River's Wheeler Reservoir, a popular recreation destination and home to various important wildlife species and ecosystems. The Tennessee Riverkeeper's RCRA suit seeks to compel the immediate and thorough clean-up of the contaminants.
As even minimal exposure to PFOS and PFOA is linked to a variety of lethal health hazards, there exist virtually no safe levels of the chemicals in the environment. Research strongly indicates PFOA and PFOS are potent carcinogens and they have also been tied to birth defects and adverse effects on childhood development, significantly decreased immune system function, liver tissue damage and a host of other serious health problems. Consequently, in a May 2016, the U.S. Environmental Protection Agency (EPA) announced Drinking Water Health Advisories for PFOA and PFOS of only 0.07 parts per billion.
However, PFOA and PFOS levels in the Tennessee River near the 3M site are, respectively, more than 70,000 and 50,000 times higher than the EPA's safety advisory.
“We don't mind 3M making profitable products—but, we cannot tolerate the defendants putting profit ahead of the health of people, the environment and the river," David Whiteside, Tennessee Riverkeeper's founder and executive director, said.
“Tennessee Riverkeeper members are both this river's users and guardians. After nearly five decades of 3M's pollution of the Tennessee River, where no one has held the defendants accountable, we felt we needed to act to protect this precious resource and all the wildlife and restore justice to the hundreds of thousands of people who rely upon her waters everyday."
Notably, the Tennessee Riverkeeper's lawsuit is wholly separate from a suit recently filed by local residents. Last fall, residents and a local water authority initiated a class action lawsuit against 3M and its subsidiaries, claiming the residents have ingested dangerous levels of PFOA and PFOS and seeking monetary damages as a result.
Tennessee Riverkeeper's RCRA suit does not seek money, but instead demands the broadbased clean-up of the aforesaid contaminants.
“The rights to clean air and water and to a safe secure environment are fundamental civil rights and as with all pollution, the injuries from 3M's pollution land hardest on the backs of Alabama's poor and minority communities," Robert F. Kennedy, Jr., president of Waterkeeper Alliance, said.
3M has produced PFOS at its Decatur plant since the early 1960s and PFOA at the site since 1999. On-site disposal practices have resulted in groundwater contamination and the contamination of the Wheeler Reservoir of the Tennessee River. 3M has also transported waste off-site to nearby landfills. The largest volume has been delivered to the City of Decatur-Morgan County Sanitary Landfill, owned by co-defendant City of Decatur.
Waste was also transported to landfills owned and/or operated by other defendants, like the A.J. Morris Landfill (Morris Farms Landfill), in Hillsboro, Alabama, owned by BFI Waste Systems of Alabama, LLC. Finally, waste was also received by the now closed Bert Jeffries Landfill (also called the Browns Ferry Road Site), which is now owned by 3M.
These landfills all have high levels of groundwater contamination from PFOA, PFOS and related chemicals. The chemicals are also found at high levels in the liquid waste, called leachate, collected from Morris Farms and the Decatur-Morgan County landfills. The collected leachate from both landfills is sent to the Dry Creek Waste Water Treatment Plant (WWTP), owned by Decatur Utilities. The plant has inadequate treatment capabilities for these chemicals and, therefore, discharges harmful amounts into the Tennessee River.
Tennessee Riverkeeper's RCRA lawsuit seeks to compel the immediate, thorough and verifiable clean-up of all of these areas. Riverkeeper demands that 3M dramatically increase its efforts to remediate up its on-site groundwater contamination, that groundwater at the landfill sites be mitigated, that leachate from the two landfills that collect leachate be treated before discharge to the Dry Creek WWTP and that the WWTP treat its discharge to remove these chemicals before discharge to the Tennessee River. Riverkeeper further asks that 3M be held responsible for the required remediation at the off-site facilities.
“3M profited for decades off of the products it produced that polluted the Tennessee River and now it needs to live up to its moral responsibility—and its legal obligation—to do and spend what it is necessary to expeditiously eliminate the threats to human health and the environment that these contaminants cause," Matsikoudis & Fanciullo, a New Jersey law firm that is representing the Tennessee Riverkeeper, said. Mark Martin, Tennessee Riverkeeper's chief prosecuting attorney, also represents the nonprofit.
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By Ana Maldonado-Contreras
- Your gut is home to trillions of bacteria that are vital for keeping you healthy.
- Some of these microbes help to regulate the immune system.
- New research, which has not yet been peer-reviewed, shows the presence of certain bacteria in the gut may reveal which people are more vulnerable to a more severe case of COVID-19.
You may not know it, but you have an army of microbes living inside of you that are essential for fighting off threats, including the virus that causes COVID-19.
How Do Resident Bacteria Keep You Healthy?<p>Our immune defense is part of a complex biological response against harmful pathogens, such as viruses or bacteria. However, because our bodies are inhabited by trillions of mostly beneficial bacteria, virus and fungi, activation of our immune response is tightly regulated to distinguish between harmful and helpful microbes.</p><p>Our bacteria are spectacular companions diligently helping prime our immune system defenses to combat infections. A seminal study found that mice treated with antibiotics that eliminate bacteria in the gut exhibited an impaired immune response. These animals had low counts of virus-fighting white blood cells, weak antibody responses and poor production of a protein that is vital for <a href="https://doi.org/10.1073/pnas.1019378108" target="_blank">combating viral infection and modulating the immune response</a>.</p><p><a href="https://doi.org/10.1371/journal.pone.0184976" target="_blank" rel="noopener noreferrer">In another study</a>, mice were fed <em>Lactobacillus</em> bacteria, commonly used as probiotic in fermented food. These microbes reduced the severity of influenza infection. The <em>Lactobacillus</em>-treated mice did not lose weight and had only mild lung damage compared with untreated mice. Similarly, others have found that treatment of mice with <em>Lactobacillus</em> protects against different <a href="https://doi.org/10.1038/srep04638" target="_blank" rel="noopener noreferrer">subtypes of</a> <a href="https://doi.org/10.1038/s41598-017-17487-8" target="_blank" rel="noopener noreferrer">influenza</a> <a href="https://doi.org/10.1371/journal.ppat.1008072" target="_blank" rel="noopener noreferrer">virus</a> and human respiratory syncytial virus – the <a href="https://doi.org/10.1038/s41598-019-39602-7" target="_blank" rel="noopener noreferrer">major cause of viral bronchiolitis and pneumonia in children</a>.</p>
Chronic Disease and Microbes<p>Patients with chronic illnesses including Type 2 diabetes, obesity and cardiovascular disease exhibit a hyperactive immune system that fails to recognize a harmless stimulus and is linked to an altered gut microbiome.</p><p>In these chronic diseases, the gut microbiome lacks bacteria that activate <a href="https://doi.org/10.1126/science.1198469" target="_blank" rel="noopener noreferrer">immune cells</a> that block the response against harmless bacteria in our guts. Such alteration of the gut microbiome is also observed in <a href="https://doi.org/10.1073/pnas.1002601107" target="_blank" rel="noopener noreferrer">babies delivered by cesarean section</a>, individuals consuming a poor <a href="https://doi.org/10.1038/nature12820" target="_blank" rel="noopener noreferrer">diet</a> and the <a href="https://doi.org/10.1038/nature11053" target="_blank" rel="noopener noreferrer">elderly</a>.</p><p>In the U.S., 117 million individuals – about half the adult population – <a href="https://health.gov/our-work/food-nutrition/2015-2020-dietary-guidelines/guidelines/" target="_blank" rel="noopener noreferrer">suffer from Type 2 diabetes, obesity, cardiovascular disease or a combination of them</a>. That suggests that half of American adults carry a faulty microbiome army.</p><p>Research in my laboratory focuses on identifying gut bacteria that are critical for creating a balanced immune system, which fights life-threatening bacterial and viral infections, while tolerating the beneficial bacteria in and on us.</p><p>Given that diet affects the diversity of bacteria in the gut, <a href="https://www.umassmed.edu/nutrition/melody-trial-info/" target="_blank" rel="noopener noreferrer">my lab studies show how diet can be used</a> as a therapy for chronic diseases. Using different foods, people can shift their gut microbiome to one that boosts a healthy immune response.</p><p>A fraction of patients infected with SARS-CoV-2, the virus that causes COVID-19 disease, develop severe complications that require hospitalization in intensive care units. What do many of those patients have in common? <a href="https://www.cdc.gov/mmwr/volumes/69/wr/mm6912e2.htm" target="_blank" rel="noopener noreferrer">Old age</a> and chronic diet-related diseases like obesity, Type 2 diabetes and cardiovascular disease.</p><p><a href="http://doi.org/10.1016/j.jada.2008.12.019" target="_blank" rel="noopener noreferrer">Black and Latinx people are disproportionately affected by obesity, Type 2 diabetes and cardiovascular disease</a>, all of which are linked to poor nutrition. Thus, it is not a coincidence that <a href="https://www.cdc.gov/mmwr/volumes/69/wr/mm6933e1.htm" target="_blank" rel="noopener noreferrer">these groups have suffered more deaths from COVID-19</a> compared with whites. This is the case not only in the U.S. but also <a href="https://www.washingtonpost.com/world/europe/blacks-in-britain-are-four-times-as-likely-to-die-of-coronavirus-as-whites-data-show/2020/05/07/2dc76710-9067-11ea-9322-a29e75effc93_story.html" target="_blank" rel="noopener noreferrer">in Britain</a>.</p>
Discovering Microbes That Predict COVID-19 Severity<p>The COVID-19 pandemic has inspired me to shift my research and explore the role of the gut microbiome in the overly aggressive immune response against SARS-CoV-2 infection.</p><p>My colleagues and I have hypothesized that critically ill SARS-CoV-2 patients with conditions like obesity, Type 2 diabetes and cardiovascular disease exhibit an altered gut microbiome that aggravates <a href="https://theconversation.com/exercise-may-help-reduce-risk-of-deadly-covid-19-complication-ards-136922" target="_blank" rel="noopener noreferrer">acute respiratory distress syndrome</a>.</p><p>Acute respiratory distress syndrome, a life-threatening lung injury, in SARS-CoV-2 patients is thought to develop from a <a href="http://doi.org/10.1016/j.cytogfr.2020.05.003" target="_blank" rel="noopener noreferrer">fatal overreaction of the immune response</a> called a <a href="https://theconversation.com/blocking-the-deadly-cytokine-storm-is-a-vital-weapon-for-treating-covid-19-137690" target="_blank" rel="noopener noreferrer">cytokine storm</a> <a href="http://doi.org/10.1016/S2213-2600(20)30216-2" target="_blank" rel="noopener noreferrer">that causes an uncontrolled flood</a> <a href="http://doi.org/10.1016/S2213-2600(20)30216-2" target="_blank" rel="noopener noreferrer">of immune cells into the lungs</a>. In these patients, their own uncontrolled inflammatory immune response, rather than the virus itself, causes the <a href="http://doi.org/10.1007/s00134-020-05991-x" target="_blank" rel="noopener noreferrer">severe lung injury and multiorgan failures</a> that lead to death.</p><p>Several studies <a href="https://doi.org/10.1016/j.trsl.2020.08.004" target="_blank" rel="noopener noreferrer">described in one recent review</a> have identified an altered gut microbiome in patients with COVID-19. However, identification of specific bacteria within the microbiome that could predict COVID-19 severity is lacking.</p><p>To address this question, my colleagues and I recruited COVID-19 hospitalized patients with severe and moderate symptoms. We collected stool and saliva samples to determine whether bacteria within the gut and oral microbiome could predict COVID-19 severity. The identification of microbiome markers that can predict the clinical outcomes of COVID-19 disease is key to help prioritize patients needing urgent treatment.</p><p><a href="https://doi.org/10.1101/2021.01.05.20249061" target="_blank" rel="noopener noreferrer">We demonstrated</a>, in a paper which has not yet been peer reviewed, that the composition of the gut microbiome is the strongest predictor of COVID-19 severity compared to patient's clinical characteristics commonly used to do so. Specifically, we identified that the presence of a bacterium in the stool – called <em>Enterococcus faecalis</em>– was a robust predictor of COVID-19 severity. Not surprisingly, <em>Enterococcus faecalis</em> has been associated with <a href="https://doi.org/10.1053/j.gastro.2011.05.035" target="_blank" rel="noopener noreferrer">chronic</a> <a href="https://doi.org/10.1016/S0002-9440(10)61172-8" target="_blank" rel="noopener noreferrer">inflammation</a>.</p><p><em>Enterococcus faecalis</em> collected from feces can be grown outside of the body in clinical laboratories. Thus, an <em>E. faecalis</em> test might be a cost-effective, rapid and relatively easy way to identify patients who are likely to require more supportive care and therapeutic interventions to improve their chances of survival.</p><p>But it is not yet clear from our research what is the contribution of the altered microbiome in the immune response to SARS-CoV-2 infection. A recent study has shown that <a href="https://doi.org/10.1101/2020.12.11.416180" target="_blank" rel="noopener noreferrer">SARS-CoV-2 infection triggers an imbalance in immune cells</a> called <a href="https://doi.org/10.1111/imr.12170" target="_blank" rel="noopener noreferrer">T regulatory cells that are critical to immune balance</a>.</p><p>Bacteria from the gut microbiome are responsible for the <a href="https://doi.org/10.7554/eLife.30916.001" target="_blank" rel="noopener noreferrer">proper activation</a> <a href="https://doi.org/10.1126/science.1198469" target="_blank" rel="noopener noreferrer">of those T-regulatory</a> <a href="https://doi.org/10.1038/nri.2016.36" target="_blank" rel="noopener noreferrer">cells</a>. Thus, researchers like me need to take repeated patient stool, saliva and blood samples over a longer time frame to learn how the altered microbiome observed in COVID-19 patients can modulate COVID-19 disease severity, perhaps by altering the development of the T-regulatory cells.</p><p>As a Latina scientist investigating interactions between diet, microbiome and immunity, I must stress the importance of better policies to improve access to healthy foods, which lead to a healthier microbiome. It is also important to design culturally sensitive dietary interventions for Black and Latinx communities. While a good-quality diet might not prevent SARS-CoV-2 infection, it can treat the underlying conditions related to its severity.</p><p><em><a href="https://theconversation.com/profiles/ana-maldonado-contreras-1152969" target="_blank">Ana Maldonado-Contreras</a> is an assistant professor of Microbiology and Physiological Systems at the University of Massachusetts Medical School.</em></p><p><em>Disclosure statement: Ana Maldonado-Contreras receives funding from The Helmsley Charitable Trust and her work has been supported by the American Gastroenterological Association. She received The Charles A. King Trust Postdoctoral Research Fellowship. She is also member of the Diversity Committee of the American Gastroenterological Association.</em></p><p><em style="">Reposted with permission from <a href="https://theconversation.com/a-healthy-microbiome-builds-a-strong-immune-system-that-could-help-defeat-covid-19-145668" target="_blank" rel="noopener noreferrer" style="">The Conversation</a>. </em></p>
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