The U.S. Supreme Court ruled against a group of homeowners in North Carolina yesterday who unknowingly bought land contaminated by toxic chemicals and then attempted to sue the company responsible for dumping them there.
Citing a lapse in a North Carolina state deadline, the high court decided that a law with a 10-year “statute of repose” can bar victims of toxic pollution from suing their polluters, even if they were not aware of the contamination until much later.
"I am outraged by today’s Supreme Court decision which once again demonstrates the power of corporations over the rights of individual in this country," consumer advocate Erin Brockovich said yesterday. "It’s a sad day when victims are denied the most basic right to their day in court.”
According to the Environmental Working Group, the ruling carries sweeping implications for countless Americans threatened by toxic dumping, among them, the legal claims of thousands of Marines and their families poisoned by water contamination at Camp Lejeune in Jacksonville, NC.
“I am stunned by today’s decision. It’s a blow to all victims exposed to and suffering from the health effects of toxic pollution," said retired Master Sgt. Jerry Ensminger, who uncovered the contamination at Camp Lejeune after losing his 9-year old daughter Janey to leukemia. "Science shows that the latency period of cancer after toxic chemical exposure is 20 or 30 years—this ruling means victims will not be able to sue a company for its wrongful pollution once the statute of repose has passed.”
Veterans and their families have charged that exposure to trichloroethlylene—a known carcinogen—in polluted waters at Camp Lejeune over a 30-year period has caused at least 84 cases of male breast cancer and thousands more rare cancers, leukemia, birth defects and other serious illnesses.
“I have been fighting for the rights of veterans to see justice from the toxic pollution of Camp Lejeune for more than 20 years and this ruling is a tragedy for all of us,” said Ensminger. “Words cannot describe my disappointment in the Obama Administration for siding with the polluters in this case and the ultimate decision that has resulted in a harmful precedent for polluted communities across the country.”
In Aug. 2012, President Obama signed the Janey Ensminger Act into law, which offered health benefits to those contaminated at Camp Lejeune. No word yet on what affects Monday's Supreme Court decision will have on the Janey Ensminger law.
“We are deeply disappointed in today’s wrongheaded decision,” said Danielle Brian, executive director of the Project on Government Oversight, one of Environmental Working Group’s partners in the fight for environmental health legislation. “We fear that this may set the precedent that the Obama Administration sought—denying justice to those harmed by toxic pollution at Camp Lejeune and elsewhere.”
“It is unconscionable that people may lose their right to seek justice before they even know they were harmed,” Brian continued. “Like Justice Ginsberg, we are concerned that this will encourage more secrecy and cover-ups like the one the government has engaged in over Camp Lejeune for decades. Ultimately, Congress may need to make clear its intent to protect the rights of victims of polluters no matter how long it takes for them to get cancer or die.”
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Here are three new films to watch this Earth Week that will transport you from pole to pole and introduce you to the scientists and activists working to save our shared home.
1. The Year Earth Changed
Where to Watch: Apple TV+
When to Watch: From April 16
The coronavirus pandemic has brought home the stakes of humanity's impact on the environment. But the lockdowns also proved how quickly nature can recover when humans give it the space. Birds sang in empty cities, whales surfaced in Glacier Bay and capybara roamed the South American suburbs.
The Year Earth Changed captures this unique year with footage from more than 30 lockdowned cities between May 2020 to January 2021. Narrated by renowned wildlife broadcaster David Attenborough, the film explores what positive lessons we can take from the experience of a quieter, less trafficked world.
"What the film shows is that the natural world can bounce back remarkably quickly when we take a step back and reduce our impact as we did during lockdown," executive producer Alice Keens-Soper of BBC Studios Natural History Unit told EcoWatch. "If we are willing to make even small changes to our habits, the natural world can flourish. We need to learn how to co-exist with nature and understand that we are not separate from it- for example if we closed some of our beaches at for a few weeks during the turtle breeding we see that it can make a huge difference to their success. There are many ways that we can adapt our behavior to allow the natural world to thrive as it did in lockdown."
2. After Antarctica
Where to Watch: San Francisco International Film Festival
When to Watch: 12 a.m. PST April 9 to 11:59 p.m. April 18
In 1989, Will Steger led an international team of six scientists and explorers to be the first humans to cross Antarctica by dogsled. Steger and his team weren't just in it for the adventure. They also wanted to draw attention to the ways in which the climate crisis was already transforming the icy continent and to rally support for the renewal of the Antarctic Treaty, which would keep the continent safe from extractive industries.
In After Antarctica, award-winning filmmaker Tasha Van Zandt follows Steger 30 years later as he travels the Arctic this time, reflecting on his original journey and once again bringing awareness to changes in a polar landscape. The film intersperses this contemporary journey with footage from the original expedition, some of which has never been seen before.
"Will's life journey as an explorer and climate activist has led him not only to see more of the polar world than anyone else alive today, but to being an eyewitness to the changes occurring across both poles," Van Zandt told EcoWatch. "But now, these changes are happening in all of our own backyards and we have all become eyewitnesses. Through my journey with Will, I have learned that although we cannot always control change, we can change our response. I feel strongly that this is a message that resonates when we look at the current state of the world, as we each have power and control over how we choose to respond to hardships, and we all have the power to unite with others through collective action around a common goal."
After Antarctica is available to stream once you purchase a ticket to the San Francisco International Film Festival. If you miss it this weekend, it will screen again at the Minneapolis St. Paul International Film Festival from May 13 to May 23.
Tasha Van Zandt
3. The Race to Save the World
Where to Watch: Virtual Cinema
When to Watch: From Earth Day, April 22
While many films about the climate crisis seek to raise awareness about the extent of the problem, The Race to Save the World focuses on the people who are trying to stop it. The film tells the story of climate activists ranging from 15-year-old Aji to 72-year-old Miriam who are working to create a sustainable future. It follows them from the streets to the courtroom to their homes, and explores the impact of their advocacy on their personal lives and relationships.
Emmy award-winning documentary filmmaker Joe Gantz told EcoWatch that he wanted to make a film about climate change, but did not want to depress viewers with overwhelming statistics. Instead, he chose to inspire them by sharing the stories of people trying to make a difference.
"Unless millions of people take to the streets and make their voices heard for a livable future, the politicians are not going to get on board to help make the changes needed for a sustainable future," Gantz told Ecowatch. "I think that The Race To Save The World will energize and inspire people to take action so that future generations, as well as the plants, animals and ecosystems, can survive and thrive on this planet."
Check back with EcoWatch on the morning of Earth Day for a special preview of this inspiring film!