Perseverance by Robert Bilott
I watched this film attracted by the gripping plot and the presence of famous actors such as Mark Ruffalo and Anne Hathaway. I didn't imagine that it would create such a profound awareness in me regarding the environmental impact and its serious consequences on our health.
The film details the TRUE STORY of Robert Bilott's legal battle against the multinational chemical company DuPont, following the Parkersburg water pollution scandal caused by unregulated chemicals. Based on the 2016 New York Times Magazine article “The Lawyer Who Became DuPont’s Worst Nightmare by Nathaniel Rich [1].
This film explores how Bilott takes on one of the world's largest chemical companies to reveal the truth and defend public health.
Let's explore the highlights of this investigation in detail!
.It all begins when rancher Wilbur Tennant asks Bilott to investigate a worrying onset of tumors and malformations in his cattle in Parkersburg, West Virginia. Tennant suspects that these anomalies are linked to DuPont's activities on land adjacent to his farm, handing Bilott a large container of video cassettes as evidence.
When Bilott visits the Tennant farm, he finds that 190 head of cattle have died due to unusual medical conditions, such as swollen organs, blackened teeth, and tumors. DuPont lawyer Phil Donnelly pretends to be unaware of the case. Bilott decides to file a small lawsuit to obtain information through legal discovery about the chemicals dumped at the site.
Finding that the EPA reports contain nothing useful, Bilott realizes that the chemicals may not be regulated. DuPont attempts to bury the evidence by sending hundreds of boxes of documents, but Bilott finds numerous references to PFOA, a chemical used to make Teflon, with no references in medical texts. PFOA, or perfluorooctanoic acid, is a persistent chemical that builds up in the bloodstream and causes cancer and birth defects, as confirmed by secret DuPont testing.
Bilott sends the evidence to the EPA and the Department of Justice, and the EPA fines DuPont $16.5 million. Bilott then seeks to obtain medical monitoring for all residents through a class action lawsuit. DuPont attempts to minimize the effects of PFOA, but the attempt is discovered late, giving those affected only a month to take action.
Although PFOA is not regulated, Bilott shows that the amount in water exceeds the safe threshold of one part per billion. After a long legal battle, DuPont settles for $70 million and an independent scientific evaluation is established. Bilott encourages nearly 70,000 people to donate blood for medical data, but seven years pass without results. Lawyer finally receives confirmation that PFOA causes multiple cancers and other diseases.
DuPont attempts to renege on the agreement, but Bilott wins the first three multimillion-dollar lawsuits against the company, which eventually settles the class action by paying $670.7 million.
Robert Bilott has demonstrated courage, justice and perseverance, offering a powerful call to action to protect the environment and our health. His fight against DuPont was not just a legal battle, but an example of how a single individual can make a difference, taking on powerful economic interests to protect the common good and ensure a more secure future for us all.
In the first of these lawsuits Robert obtained compensation of 1,600,000 dollars, in the second 5,600,000 dollars, in the third 12,500,000 dollars.
PFOA is believed to potentially be present in the blood of every living thing on the planet... including 99% of humans [2].
Today, thanks to Robert's work, organizations around the world are increasing to ban PFOA and study the over 600 perfluoroalkyl substances, almost all of which are unregulated.
And more than twenty years after Wilbur Tennant showed up on his doorstep...Robert Bilott is still fighting.
Let's delve into PFOA and its origin in more detail
How did it reach us?
PFOA is perfluorooctanoic acid, used to produce Teflon and used in American homes to make non-stick pans [3].
What is Teflon?
Its commercial names are: Fluon, Algoflon, Hostaflon, Inoflon and Guaflon, MecFlon, in which other stabilizing and fluidizing components are added to the polymer to improve its application possibilities, or fillers based on silica, carbon, bronze, stainless steel and sulphate barium to increase performance in the mechanical, pneumatic or chemical fields, as well as for pharmaceutical applications [3].
It is a plastic material that is smooth to the touch and resistant to temperatures up to 260 °C (533.1 K), used in industry to cover surfaces subjected to high temperatures which require "non-stick" and good chemical inertness. Kitchen pans defined as "non-stick" are such because they are covered inside with a layer of PTFE (Teflon) [3].
How did PFOA get into American homes?
It was used as a waterproofing coating for fabrics, leather, paper and in floor wax as it gives the treated surfaces oil-repellent and hydrophobic properties. It was also used in glass etching, as foam in fire extinguishers, and for waterproofing sports clothing.
Diseases and problems related to PFOA
Perfluorooctanoic acid (PFOA or C8) has been linked to cancer, thyroid disease, ulcerative colitis and high cholesterol, also reported in a recent study by the EPA (US Environmental Protection Agency) and one by the IARC (National Environmental Protection Agency). international for cancer research) which documents it as certainly carcinogenic. In the form of an ammonium salt, it is used as a surfactant in the emulsion polymerization of PTFE, and has been detected in some products containing PTFE. Levels that have been measured in nonstick cookware range from undetectable up to 75 parts per billion. These values are lower than those in PTFE products such as sealing tape, 1800 parts per billion (1.8 parts per million) of PFOA detected, because non-stick cookware is heated in order to volatilize the PFOA [2].
The EPA's 2009 study found levels of PFOA in nonstick cookware ranging between “not detected” (with a detection limit of 1.5 parts per billion) and 4.3 parts per billion. DuPont says there should be no measurable amounts on a pan as long as it has been properly cross-linked. Although PFOA has been detected in the low parts per billion range in people's blood, exposure from nonstick cookware is believed to be insignificant, compared to the marketing of other products. However, at temperatures well above those encountered in the kitchen, the pyrolysis of PTFE can form small amounts of PFOA.
In January 2006 DuPont, the only company that produces PFOA in the United States, agreed to eliminate emissions of the chemical from its manufacturing facilities by 2015, but made no commitments to completely eliminate use of the substance. In emulsion polymerization of PTFE, 3M subsidiary Dyneon has developed a replacement emulsifier despite DuPont's claims that PFOA is an "essential process aid." As of August 2008, the EPA's position was that it "has no alarming information about the routine use of household items or other products using fluoropolymers, such as nonstick cookware." Since 2005, DuPont, now Chemours, has been using GenX as a substitute for PFOA [2].
As of 2023, PFOAs are classified by the IARC in group 1 as carcinogenic substances for humans [2].
PFOA was proposed for listing in the Stockholm Convention on Persistent Organic Pollutants in 2015, and in 2019 the Conference of the Parties added PFOA, its salts and PFOA-related compounds to Annex A of the Stockholm Convention . Many hundreds of PFOA salts and precursors fall within the scope of the restriction.
The Stockholm Convention, adopted in Stockholm in 2001 under the United Nations Environment Program (UNEP) and entered into force in 2004, aims to protect human health and the environment from the harmful effects of persistent organic pollutants (known as acronym for POPs from the English “Persistent Organic Pollutants”), harmful chemical substances that remain intact in the environment for long periods and which accumulate in the adipose tissue of humans and wildlife. Furthermore, the Convention is aimed at undertaking research, development and monitoring activities and encouraging the sharing of responsibilities and collaboration between the countries that have ratified the treaty (Parties).
The Convention provides for the prohibition of the production, use and marketing (including import and export) of intentionally produced POPs, listed in Annexes A and B of the Convention itself, the continuous reduction and, if possible, the definitive elimination of emissions of the substances organic waste resulting from "unintentional" production, referred to in Annex C, in addition to the adoption of measures to reduce or eliminate emissions of POPs from stocks and waste.
The decision-making body of the Convention is the Conference of the Parties (COP), which meets ordinarily once every two years, in conjunction with the COP of the Rotterdam Convention and the COP of the Basel Convention. The Persistent Organic Pollutants Review Committee (POPs Review Committee or POPRC), composed of a small number of experts, has the task of implementing the procedure for the inclusion of new substances in the list of those provided for by the Convention (amendment of Annexes A , B, and/or C). Finally, it is up to the COP to decide, according to a precautionary approach, whether or not to include a new chemical substance in the aforementioned annexes, specifying the relevant control measures.
The Convention has been ratified by 182 countries, including Italy (with Law no. 93 of 12 July 2022) [4], and currently includes 39 substances, of which 29 in Annex A, 3 including DDT in Annex B and finally, 7 substances produced and released unintentionally, including PCBs and dioxins, in Annex C [2].
Within the European Union, the Stockholm Convention was ratified with Decision 2006/507/EC of the Council of 14 October 2004 and implemented by Regulation (EU) 2019/2021 of the European Parliament and of the Council of 20 June 2019 on organic pollutants persistent [2].
I leave you the link below where you can click to read the 2016 New York Times Magazine article "The Lawyer Who Became DuPont's Worst Nightmare by Nathaniel Rich.
Bibliography
[1] New York Times (2016). Nathaniel Rich, The lawyer who become dupont worst nightmare. Retrived August 4, 2024 from https://www.nytimes.com/2016/01/10/magazine/the-lawyer-who-became-duponts-worst-nightmare.html
[2] UNEP/POPS/CONF/4, App. II (2001), reprinted in 40 ILM 532 (2001). The text of the convention and additional information about POPs is available online at the United Nations Environment Programme's (UNEP's) POPs https://chm.pops.int/TheConvention/Overview/TextoftheConvention/tabid/2232/Default.aspx
[3] National Center for Biotechnology Information (2024). PubChem Compound Summary for CID 9554, Perfluorooctanoic acid. Retrieved August 4, 2024 from https://pubchem.ncbi.nlm.nih.gov/compound/Perfluorooctanoic-acid.
[4] Gazzetta Ufficiale. (2022, July 18). https://www.gazzettaufficiale.it/eli/id/2022/07/18/22G00101/sg