Erin Brockovich Sequel in the Works

The real-life sequel to the movie Erin Brockovich is in the making, as a result of a long-simmering legal battle between Pacific Gas & Electric and more than 1,000 plaintiffs who allege they've developed cancer and other life-threatening illnesses from exposure to chromium 6 from three PG&E facilities. A court date set for this month at Los Angeles County Superior Court was canceled to allow the judge to slog through numerous motions filed by PG&E. The case was originally filed in 1995 but was stayed until last January in the wake of PG&E's bankruptcy. The complaints are mainly being lodged against the utility's Kettleman plant, with some against the Topock facility, as well as the Hinkley plant featured in the movie. Plaintiffs allege that chromium 6 in the local environment is responsible for health effects. The utility's main argument is that charges should be dropped because there is no scientific evidence that chromium 6 causes cancer. As evidence, PG&E has pointed to several studies, including the finding of the United Nations' International Agency for Research on Cancer that "[F]or cancers other than of the lung or sinonasal cavity, no consistent pattern of risk has been shown among workers exposed to chromium compounds." According to Gary Praglin, an attorney representing many of the plaintiffs, PG&E admits chromium 6 causes cancer when inhaled, and so, he says, it's not a stretch to conclude that the chemical would be toxic when ingested. Alan Hirsch, spokesperson for California's Office of Environmental Health Hazard Assessment, confirmed that chromium 6 is "one of the most potent airborne carcinogens known" when inhaled. But a big unknown for the scientific community and regulators is the toxicity of chromium 6 when ingested. A national study is expected to shed light on the matter, but those results won't be available for several years. In 1968, the U.S. Geological Survey detected total chromium 6 levels of 4.7 parts per million at Well No. 4 at the Kettleman facility. The acceptable level for the state's safe drinking water is 50 parts per billion. Following the Fresno Regional Water Quality Control Board's directive, PG&E reported contaminants up to 4.7 ppm in 1968 and 0.52 ppm in 1982. The well was next to evaporation ponds into which PG&E dumped wastewater. The Fresno Water Board has said it learned of contamination problems after the well was destroyed. As far back as the 1950s, the well was used as a backup drinking water supply for PG&E employees who trained and lived at the site as well as families and visitors, according to Praglin. Vapors from the plant's cooling towers were another source of exposure. Former Girl Scouts recounted that their sleeping bags turned white after camping out at Kettleman, Praglin said. Attorneys for plaintiffs assert that PG&E knew chromium 6 was toxic. At Kettleman, they point to a 1965 PG&E document stating that the state Department of Public Health considers the maximum allowable chromate level to be 0.05 ppm. "Therefore it would seem mandatory. . . to take all necessary steps to ensure that the [contaminated] water from No. 4 well at Kettleman . . . not be. . . used for human consumption." PG&E agreed to abandon and destroy the well in 1982. Repeated calls to the utility to discuss the suit were not returned by press time. The utility's practice of dumping wastewater from cooling towers--allegedly at the Kettleman, Hinkley, and Topock sites--has drawn fire. Following warnings from the Metropolitan Water District (MWD) of Southern California that chromium-tainted groundwater has come within 125 feet of the Colorado River, the utility on March 8 started pumping between 10,000 and 20,000 gallons per day of contaminated groundwater near the Topock facility. MWD estimates the cleanup process could take years. Along with Praglin's company, the legal firm of Masry and Vititoe--which employs Erin Brockovich--is gearing up for trial. No money damages have been agreed upon. Praglin said the case is expected to go to trial sometime this year. The attorney said clients are suffering from kidney, lung, stomach, and blood cancers as well as respiratory and other illnesses. Since the case was filed, some clients have died from lung cancer and other ailments. A sampling of plaintiffs are ready to make their case, but "scores of plaintiffs with cancer are waiting for their day in court," he asserted. --Lisa Weinzimer

Over 11K Stories!

| Independently Powered Energy News

Erin Brockovich Sequel in the Works

vdharadmin

Related Posts

Op-Ed: Before and After Net Energy Metering 3, A Thought Experiment

Auld Lang Zine

CPUC Approves $51M to PG&E for 3,000 Chargers

CPUC Adopts Mountainview Changes, Opens DG Rulemaking