Last month, when President Biden signed into law the historic Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, more commonly referred to as the “Honoring the PACT Act of 2022,” it incorporated legislation known as the “Camp Lejeune Justice Act of 2022” which also became effective (for details, see the tracking of S.3373 and incorporations at GovTrack.US).
The Camp Lejeune Justice Act of 2022 (“Camp Lejeune Act”) provides relief to those who suffered injuries due to contaminated water at the North Carolina Marine Corps Base Camp Lejeune during the time period of August 1, 1953 to December 31, 1987. It is opening up avenues for justice previously denied to these toxic water victims and their loved ones.
Specifically, those who meet the definition of victims or claimants under the Camp Lejeune Act have been given the legal right to file a personal injury civil lawsuit for tort damages against the United States Government. The federal government has been denied the ability to assert the defense of governmental immunity by the Camp Lejeune Act.
Federal Lawsuits for Camp Lejeune Water Contamination Victims
No matter where they live now, these victims must file these suits in one federal court. The United States District Court for the Eastern District of North Carolina is stated in the Camp Lejeune Act as having exclusive venue of these matters.
In order to establish a right to redress under the Camp Lejeune Act, these victims (or those acting on their behalf) must be able to prove they not only are claimants by statutory definition but they were at Camp Lejeune for at least thirty (30) days during the coverage period. They also have to prove with admissible evidence the harm they suffered was caused by the Camp Lejeune Toxic Water.
Causation is a critical component for advocating these Camp Lejeune claims where harm is known to have originated so many decades ago.
Chemicals and Causation: What Was in the Camp Lejeune Toxic Water?
In order to connect the harm to its cause, an understanding of the various chemicals known to have contaminated the Camp Lejeune water system must be developed. For this, many may turn to a 2017 study undertaken by the Center for Disease Control and Prevention’s Agency for Toxic Substances and Disease Registry (“ATSDR”) entitled, “ATSDR Assessment of the Evidence for the Drinking Water Contaminants at Camp Lejeune and Specific Cancers and Other Diseases.”
The ATSDR investigated the water found at the water treatment plants serving Camp Lejeune during the August 1953 – December 1987 time period. It found several chemicals known to be dangerous contaminants, especially at the levels discovered in the Camp Lejeune water.
Researchers at ATSDR found the following contaminants at both the Tarawa Terrace Water Treatment Plant and the Hadnot Point Water Treatment Plant serving the North Carolina Marine Base:
- Benzene;
- Tetrachloroethylene (also known as perchloroethylene or “PCE”);
- Trans-1,2-dichloroethylene (“DCE”);
- Trichloroethylene (“TCE”); and
- Vinyl chloride.
Tarawa Terrace
Based on the model results, PCE concentration was estimated to have exceeded the current EPA maximum contaminant level of 5 μg/L in drinking water at the Tarawa Terrace water treatment plant for 346 months during November 1957-February 1987. Over time, PCE degrades in ground water to trichloroethylene (TCE), trans-1,2-dichloroethylene (DCE) and vinyl chloride.
Hadnot Point
Trichloroethylene (TCE) was the main contaminant. The maximum level detected in drinking water was 1,400 μg/L in May 1982. The current limit for TCE in drinking water is 5 μg/L. Other contaminants detected in finished water at the Hadnot Point treatment plant included DCE (trans 1,2-dichloroethylene), PCE, benzene, and vinyl chloride. DCE was detected at a maximum of 407 μg/L in January 1985. There are reported detections of benzene in the finished water at Hadnot Point in late 1985.
There were multiple sources of contamination including leaking underground storage tanks and waste disposal sites. The most highly contaminated wells were shut down by February 1985. ATSDR modeled the contamination and determined that at least one VOC exceeded its current EPA maximum contaminant level in finished water between August 1953 and January 1985.
- Note: In 2017, the ATSDR had confirmed water contamination from the Holcomb Boulevard Water System serving the Marine Base, as well.
What is Benzene in the Camp Lejeune Water?
The ATSDR explains benzene as follows:
Benzene is a colorless liquid with a sweet odor that evaporates into the air very quickly and dissolves slightly in water. Some industries use benzene to make other chemicals which are used to make plastics, resins, and nylon and synthetic fibers. Benzene is also used to make some types of rubbers, lubricants, dyes, detergents, drugs, and pesticides. Natural sources of benzene include volcanoes and forest fires. Benzene is also a natural part of crude oil, gasoline, and cigarette smoke.
What is PCE and TCE in the Camp Lejeune Water?
The ATSDR explains PCE and TCE as follows:
Tricholorethylene (TCE) and perchloroethylene (PCE) … are chemicals that are used in dry cleaning and in cleaning metal parts of machines. VOCs are volatile organic compounds. They are a group of chemicals that generally include solvents and fuels that evaporate easily. TCE and PCE are examples of VOCs.
What is Vinyl Chloride in the Camp Lejeune Water?
The ATSDR explains Vinyl Chloride as follows:
Vinyl chloride (VC) is a colorless gas at room temperature. It is in liquid form if kept under high pressure or at low temperatures. VC has a mild, sweet odor and dissolves slightly in water. It is a manufactured substance that does not occur naturally. It can be formed when other substances such as trichloroethylene (TCE) and tetrachloroethylene (PCE) are broken down. VC is used to make polyvinyl chloride (PVC). PVC is used to make a variety of plastic products, including pipes, wire and cable coatings, and packaging materials.
Connecting The Chemicals Contaminating the Water to Harm Suffered by Victims
As explained by the CDC’s ATSDR, these chemicals can cause cancer, as well as other serious or fatal diseases. The ATSDR:
“TCE, vinyl chloride, and benzene are classified as human carcinogens, while PCE is classified as a “likely” or “probable” human carcinogen (1-6). The carcinogenicity of DCE cannot be classified because of a lack of studies..”
In 2017, at the time its report was published, the ATSDR not only confirmed there were known human carcinogens in the Camp Lejeune water, but that additional health studies were being conducted to find other hazards and harms resulting from these discovered water contaminants. Among them: birth defects; childhood cancers; and chronic diseases.
Seeking Justice Under the Camp Lejeune Justice Act of 2022
Anyone who suspects they or a loved one was the victim of toxic water at the North Carolina marine base Camp Lejeune during the years 1953 to 1987 deserves to investigate their possible avenues for justice under the new Camp Lejeune Justice Act of 2022.
Some of these claims can be made by the victims themselves; sadly, others will have to seek justice as representatives acting on behalf of deceased victims who cannot speak for themselves in the federal courtroom.
It is imperative that each of these claims be carefully and methodically investigated and documented to show the standard legal injury claim elements of (1) duty; (2) breach; (3) cause; and (4) harm. Expertise may be necessary here that comprehends the complexities of these chemicals and their exposures to the human body in order to build evidence of the element of causation.
After that, the victim will need to connect that causation to their personal harm (e.g., cancer, etc.). This is discussed in more depth in the next article of our Camp Lejeune Series.
Also read the first in our series, Camp Lejeune Water Contamination Victims: Filing Federal Civil Injury Claims for Toxic Tap Water Harm.
Water contamination is a silent and deadly killer, and it is a true American tragedy that our military heroes and their supporting loved ones have been victims of toxic water harm. Please be careful out there!
