North Carolina law had blocked access to federal civil tort remedies until the 2022 Act’s passage
The Camp Lejeune Justice Act of 2022 (“Camp Lejeune Act”) was enacted into law last month as part of the historic Honoring our PACT Act of 2022. It has been effective law of the land for less than a month, so it may be shocking for some to know that federal agencies, safety advocates, and those advocating on behalf of injury victims have been very much aware that toxic tap water at the North Carolina base was severely harming people for decades — since the early 1950s.
Contaminated water on the North Carolina Marine Corps base was freely provided for human consumption for over thirty years. People got sick. People died. The new 2022 Camp Lejeune Act is not the first attempt to bring justice to these water contamination victims.
It is, however, an important avenue for justice that is long overdue. These toxic water victims and their loved ones need to understand its widespread scope as a civil action for personal injury damages now provided by the new federal law.
1982: Toxic Water Contamination Discovered at Camp Lejeune
Forty years ago, several volatile organic compounds (“VOCs”) were discovered in drinking water samples provided by two of the base’s eight water treatment plants (the Tarawa Terrace water treatment plant and the Hadnot Point water treatment plant).
Investigation revealed the Tarawa Terrace contamination came from a single dry cleaners’ waste disposal practice. The Hadnot Point toxins were from several sources: (1) leaking underground storage tanks; (2) industrial spills; and (3) waste disposal sites.
During the time period from August 1953 to January 1985, there was always at least one VOC that exceeded the current EPA maximum contaminant level to be found in the Camp’s drinking water.
The Center for Disease Control and Prevention’s Agency for Toxic Substances and Disease Registry (“ATSDR”) takes the following position:
“…. past exposures from the 1950s through February 1985 to trichloroethylene (TCE), tetrachloroethylene (PCE), vinyl chloride, and other contaminants in the drinking water at the Camp Lejeune likely increased the risk of cancers (kidney, multiple myeloma, leukemias, and others), adverse birth outcomes, and other adverse health effects of residents (including infants and children), civilian workers, Marines and Naval personnel at Camp Lejeune.”
- For more, read the 2017 Report compiled by the Center for Disease Control and Prevention’s Agency for Toxic Substances and Disease Registry, “ATSDR Assessment of the Evidence for the Drinking Water Contaminants at Camp Lejeune and Specific Cancers and Other Diseases.”
Veterans’ Affairs (“VA”) Recognition of Camp Lejeune Toxic Water Injuries
For several years, the Department of Veterans Affairs has recognized that the base water supply at the United States Marine Corps Base Camp Lejeune in Jacksonville, North Carolina was severely contaminated and had caused at least eight catastrophic diseases to those who had ingested Camp Lejeune tap water during the time period of August 1, 1953 to December 31, 1987. See, 38 C.F.R. §§3.307, 3.309 as amended, as the Final Rule is described in the Federal Register on January 13, 2017.
A claims process was initiated through the Department of Veteran’s Affairs (“VA”) to provide victims an opportunity to file for federal disability or death claims through the VA. However, this procedure has proven ineffective in providing proper justice to all those who were hurt, or killed, by the ingestion of the Camp Lejeune toxic water.
The Inspector General for the Department of Defense confirmed in a recent report that many of these claims were “mishandled.” Read, “VA botched thousands of Camp Lejeune water contamination cases,” written by Leo Shane III and published by the Marine Corps Times on August 25, 2022, and “IG Report finds VA incorrectly processed Camp Lejeune claims, underpaid veterans $13.8 million in benefits,” written by Sara Samora and published by Stars and Stripes on August 26, 2022.
March 2021: Camp Lejeune Justice Act was Introduced by Three U.S. Representatives
On March 26, 2021, three members of the House of Representatives joined forces to introduce the legislation that has become the bipartisan Camp Lejeune Act. From their news release, they explained the following:
- Victims include the following: (1) Marines; (2) their families; (3) civilian workers; and (4) government personnel;
- The toxic water exposure happened for over thirty years through the base’s government provided tap water; and
- The tap water was filled with harmful chemicals “…found at levels ranging from 240 to 3400 times the levels permitted by safety standards.”
The Representatives drafted the legislation because these victims needed federal intervention; due to a “unique provision in North Carolina law,” they were not able to file a claim under the Federal Tort Claims Act for injury compensation.
As Representative Cartwright explained,
“The servicemembers who signed up to defend their country and the people who supported them at Camp Lejeune were let down in a big way by their government. This tragedy was a major failure on the part of the Department of Defense, and all those who suffered for it deserve justice.”
The Camp Lejeune Justice Act Provisions
With the new August 2022 federal law, the victims are defined by law as (1) anyone who lived or worked at the United States Marine Corps’ Camp Lejeune in North Carolina; (2) between August 1, 1953 and December 31, 1987; (3) for at least thirty (30) days. The Camp Lejeune Act will provide legal avenues for justice to these victims where they may obtain financial compensation for bodily injuries such as full or partial disability; permanent physical harm; death; or miscarriage.
Justice for Victims of Toxic Tap Water Contamination at Camp Lejeune, North Carolina
Of course, this tragedy is not the first instance where toxins, hazardous materials, or environmental hazards have resulted in harm to military victims and their loved ones where financial claims for redress have been recognized by federal law. Precedent for the Camp Lejeune toxic tap water claims can be found in injuries suffered by things like: Agent Orange; Gulf War Illnesses in SW Asia and Afghanistan; Mustard Gas; Asbestos; Project 112/SHAD; and Radiation exposure.
However, the passage of the Camp Lejeune Act does provide a distinct legal avenue for justice to these injury victims and their loved ones. They have the ability to file a legal claim for injury damages in the civil justice system and to have personal injury damage claims covered by law if their burden of proof is met.
A caveat: these claims must be filed within the two (2) year statute of limitations provided within the Act itself. Read Deadlines for Injury Victims to File Lawsuits: Statutes of Limitations.
For more on the scope of the toxic water contamination and the conditions, diseases, or conditions that it covers, please read the next article in our Camp Lejeune series. Please be careful out there!
