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Dark Waters

In 1998, Robert Bilott, from Cincinnati, is a corporate defense lawyer at law firm Taft Stettinius & Hollister. Wilbur Tennant, a farmer and friend of Bilott's grandmother, asks him to investigate the deaths of numerous dairy cattle at his farm in Parkersburg, West Virginia. Tennant connects the deaths to chemical manufacturing corporation DuPont and gives Robert a large case of videotapes related to the case.

Robert visits the Tennants' farm, where he learns that 190 cows have died after exhibiting unusual medical conditions, including bloated organs, blackened teeth, and tumors. DuPont attorney Phil Donnelly says he is not aware of Tennant's concerns, but will help in any way he can. Bilott files a small suit to gain information through legal discovery of the chemicals dumped at a nearby landfill. When he finds nothing useful in the EPA report, he realizes the chemicals might be unregulated.

Bilott confronts Donnelly at an industry event, leading to an angry exchange. In response to Bilott's request to broaden discovery, DuPont sends hundreds of boxes. Bilott finds numerous references to something called "PFOA", and with difficulty learns that it is perfluorooctanoic acid, which DuPont uses to manufacture Teflon, a substance widely used in nonstick frying pans and carpeting. The company has been running tests of the effect of PFOA for decades, finding that it causes cancer and congenital disabilities, but kept the findings private. Dupont dumped several tons of toxic sludge in a landfill uphill from Tennant's farm. PFOA and similar compounds are forever chemicals, which slowly accumulate and never leave the bloodstream.

The local community shuns Tennant for suing their most significant employer. Bilott encourages him to accept DuPont's settlement, but he refuses, wanting justice, and reveals that both he and his wife have cancer. Bilott sends a summary and supporting documentation of the DuPont issues to the EPA and United States Department of Justice, among others. The EPA fines DuPont $16.5 million.

Bilott is unsatisfied, as he realizes the residents of Parkersburg will continue to suffer the effects of the PFOA and more will likely die from disease. He seeks an agreement for DuPont to pay for medical monitoring for all residents of Parkersburg in one large class-action lawsuit. However, DuPont sends a deceptive letter notifying residents of the presence of PFOA, thus starting the statute of limitations running, giving any further legal action only 12 months to begin.

Since PFOA is unregulated, Robert's team argues that the corporation is liable, as the amount in contaminated waters was 6 times higher than the 1 part per billion deemed safe by DuPont's internal documents. In court, DuPont claims that the West Virginia Department of Environmental Protection has recently found that 150 parts per billion are safe (contradicting DuPont's scientific findings since the 1970s).

The locals protest, and the story becomes national news. DuPont agrees to settle for benefits valued at over $300 million. It is agreed in mediation that the company will carry out medical monitoring only if it is proven that PFOA caused the ailments, and an independent science panel is set up. To gather data, Robert's team tells locals they can get their settlement money after they donate blood samples for testing. Nearly 70,000 people donate to the study.

Seven years pass with no results from the science panel. Tennant dies, and Bilott suffers financially following several pay cuts, since the case is not providing revenue. His marriage and health are strained. Finally, the science panel contacts Bilott and tells him that they have linked PFOA exposure to an increased incidence of two types of cancer and four other diseases in Parkersburg. His celebration is short-lived, however, as DuPont decides to withdraw from the mediated agreement. Bilott defiantly decides to sue the company separately for each Parkersburg resident with an illness that would have been covered by the medical monitoring (which currently includes over 3,500 individuals), and juries award his first three clients multi-million dollar settlements. In response, DuPont settles the remaining cases for $671 million.