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View Full Version : Erin Brockovich v. Halliburton in Duncan, OK



SoonerHoops
7/27/2011, 09:16 PM
DUNCAN — Around 400 people were in attendance Tuesday night to hear Erin Brockovich discuss perchlorate contamination affecting private water wells in the area of Fifth Street and Osage Road.

Brockovich struck an immediate chord with the crowd by telling them her mother was from Ponca City. But the famed legal clerk and environmental activist followed up by pulling few punches.

In addressing the serious nature of the contamination that’s now been discovered in over 30 wells, Brockovich said, “The science goes right out the door. Frankly, there is no kind way to put it, you’re being poisoned.

“You already know the answer — your gut Midwest common sense. People will come to me, confused, they don’t know what to do. You have a right to clean land, clean water.”

The perchlorate was discovered in the private wells in early July, following Department of Environmental Quality testing by Halliburton. At that time, Halliburton took responsibility for being the source of the contamination, noting the creation of perchlorate was linked to company-owned property on Fifth Street.

The land was the site of a project involving removal and burning of spent missile fuel contained in missile casings. The project was awarded to Halliburton in 1965 and came to an end in 1991.

During the public meeting at Simmons Center, Brockovich challenged some of the information residents have received from Halliburton and other sources.

She said many people know something isn’t right in their community, when they have neighbors who all begin to have the same illnesses.

“I’ve been doing (investigative environmental work) for 22 years and we just naturally, in our communities, know,” she noted. “How many of you have thyroid problems, cancer, lumps in your neck or breasts?

Brockovich then questioned some of the results from testing being done on wells in the Fifth and Osage area.

“Something’s wrong out here,” she said. “When you have 27,000 parts (perchlorate) per billion — I was stunned. We zig-zag all over the country and this is the highest reading percentage ever, ever, seen in groundwater.

“Everybody should be getting clean water from Halliburton. You deserve that. This didn’t just show up yesterday.”

While fielding questions, Brockovich suggested Halliburton, despite it’s claims of “transparency,” was not distributing all the facts to the public.

At one point she said, “They’ve known since 1991 they’ve been poisoning you. It’s criminal and they’ve been covering it up.”

Many wanted to know if the water was safe to drink or use in any form, even for livestock.

“Having grown up in Kansas (and) seeing a tornado, I didn’t care if it was an F1 or F5, I knew to run,” she said. “(The contaminated water is) poison. I wouldn’t [use it].”

Brockovich, who was the subject of an award-winning movie in 2000, was accompanied to Duncan by attorneys from Weitz & Luxenberg’s Environmental Tors Unit, and Robert Bowcock, environmental investigator.

Bowcock told the audience perchlorate is an ion that will “attach to anything.” He said it accumulates in the thyroid.

Repeating a warning first distributed by Halliburton and medical experts at the company’s public meeting, Bowcock said, “Pregnant women, don’t drink it. It will do significant damage to children. Avoid at all cost.”

After Halliburton went public on July 7 with its findings from the well water testing, the company hosted a public meeting on July 19, which drew an estimated 350 people. The company brought in experts from the DEQ to discuss the history of the contamination and the testing that is continuing.

At that meeting, there was medical and other information distributed, including a list of potential health problems and warnings to avoid using the contaminated water for a variety of activities.

During Tuesday’s meeting, Brockovich called for continued transparency on the part of Halliburton.

Before Brockovich addressed the crowd, Bowcock shared a history of perchlorate and its association with the U.S. Department of Defense. He and Brockovich also confirmed one reason they had taken an interest in the Duncan situation was receiving numerous emails from people in the community.

“This is by far the highest (perchlorate) contamination of ground water we’ve ever seen,” Bowcock said, adding that when there is a two parts per billion reading, doctors usually are concerned. To find 27,000 ppb is “horrific.”

“This is the beginning of an environmental investigation. We’re kinda doing a ‘Hinkley 2’” he said, making reference to the situation involving Pacific Gas & Electric in Hinkley, Calif., that brought Brockovich to prominence in the 1990s.

Brockovich told the crowd that Duncan is now the 901st dot on a map she has been keeping to record communities which have become contamination dumping grounds for a variety of chemicals and pollutants.

Brockovich said, “That map is telling us a story. Somebody’s not listening. We have health-failing communities.

“We have companies who need to make it right by you. You need to stay united. Respect is something we are starting to lose in this country. We are in peril.

“This is a complex situation that exists under our feet. Don’t give up.

“As a community, look united and have spokespeople at the meetings. This is where you can’t give up.”

GKeeper316
7/27/2011, 09:20 PM
ya **** halliburton!

oumartin
7/27/2011, 09:22 PM
f@ck that dyke.. Go Halliburton.... Go drill in that skanks yard

SoCaliSooner
7/27/2011, 09:24 PM
Cheney's fault!!!!

sooneron
7/27/2011, 09:33 PM
f@ck that dyke.. Go Halliburton.... Go drill in that skanks yard

That's the spirit! Who cares what the infant mortality is , keep the bottom line where it should be, Halliburton!

Srsly, your parents should have been sterilized. HUGE disservice.


Actually, please just go bottle up some of that deelish H2O and hydrate to your content. Please.... srsly.

GKeeper316
7/27/2011, 09:39 PM
f@ck that dyke.. Go Halliburton.... Go drill in that skanks yard

why do you hate julia roberts?

oumartin
7/27/2011, 09:41 PM
That's the spirit! Who cares what the infant mortality is , .

I should be democrat..

DIB
7/27/2011, 09:41 PM
why do you hate julia roberts?

Because her mouth is too big for her face

GKeeper316
7/27/2011, 09:42 PM
Because her mouth is too big for her face

i could see how that would be a problem for some men. not me, of course.

SoonerHoops
7/27/2011, 09:42 PM
Because her mouth is too big for her face


She kind of looks like a horse.





Wait, Stevo is Julia Roberts? :pop:

okie52
7/27/2011, 09:48 PM
That's the spirit! Who cares what the infant mortality is , keep the bottom line where it should be, Halliburton!

Srsly, your parents should have been sterilized. HUGE disservice.


Actually, please just go bottle up some of that deelish H2O and hydrate to your content. Please.... srsly.

Did you post the infant mortality or just immediately kiss erins azz?

sooneron
7/27/2011, 09:51 PM
Did you post the infant mortality or just immediately kiss erins azz?

Che?

okie52
7/27/2011, 09:55 PM
Che?

Guevara?

Memtig14
7/27/2011, 10:01 PM
mid-western?

okie52
7/27/2011, 10:07 PM
mid-western?

Boomer sooner!!!!

jkjsooner
7/27/2011, 10:08 PM
mid-western?

Yep, people from the east and west coasts think of Oklahoma as part of the midwest.

Maybe folks who live close to Kansas think of themselves that way. I never once heard us referred to as midwesterners until moving out of Oklahoma.

We are kind of hard to define though. Kansas is clearly midwest. Texas is clearly southwest (or their own category). New Mexico is clearly southwest. Arkansas is definitely the south. We're kind of stuck in the middle...

sooneron
7/27/2011, 10:12 PM
Yep, people from the east and west coasts think of Oklahoma as part of the midwest.

Maybe folks who live close to Kansas think of themselves that way. I never once heard us referred to as midwesterners until moving out of Oklahoma.

We are kind of hard to define though. Kansas is clearly midwest. Texas is clearly southwest (or their own category). New Mexico is clearly southwest. Arkansas is definitely the south. We're kind of stuck in the middle...

Thus, mid- west.

okie52
7/27/2011, 10:31 PM
Yep, people from the east and west coasts think of Oklahoma as part of the midwest.

Maybe folks who live close to Kansas think of themselves that way. I never once heard us referred to as midwesterners until moving out of Oklahoma.

We are kind of hard to define though. Kansas is clearly midwest. Texas is clearly southwest (or their own category). New Mexico is clearly southwest. Arkansas is definitely the south. We're kind of stuck in the middle...

The middle for us has nothing to do with the Midwest...SW or SE but no way, no how anybody thinks of us as midwest...hell that's ND, Ohio State, Indiana and Michigan....and now Nebraska.

sooneron
7/27/2011, 10:37 PM
The middle for us has nothing to do with the Midwest...SW or SE but no way, no how anybody thinks of us as midwest...hell that's ND, Ohio State, Indiana and Michigan....and now Nebraska.

Seeing as how you're an Okie, how much time have you really spent out of the state of OK, not visiting but residing?

You might be the first person that I have heard refer to ND as mid west. Michigan , too, for that matter.

okie52
7/27/2011, 10:50 PM
Seeing as how you're an Okie, how much time have you really spent out of the state of OK, not visiting but residing?

You might be the first person that I have heard refer to ND as mid west. Michigan , too, for that matter.

Lol...just where would you describe ND, michigan, Indy etc.?

You must not get out very often.

sooneron
7/27/2011, 11:00 PM
Haven't live in OK since 03 , LOL!!! haha.
I have never heard anyone refer to ND as mid west where I am and that is where those terms probably originated- east coast. Same goes for Mich.

Michigan is practically canada. Same for ND, I have heard northern plains for ND, nothing for michigan, because its just rust belt Mich.. Did I say Indy? No, your reading comprehension just sucks. :rolleyes:

okie52
7/27/2011, 11:13 PM
Haven't live in OK since 03 , LOL!!! haha.
I have never heard anyone refer to ND as mid west where I am and that is where those terms probably originated- east coast. Same goes for Mich.

Michigan is practically canada. Same for ND, I have heard northern plains for ND, nothing for michigan, because its just rust belt Mich.. Did I say Indy? No, your reading comprehension just sucks. :rolleyes:

You're geographical acumen is impressive. Since I am posting from an iPhone I will leave at this...a state (at the northermost extreme) that is sandwiched between the TX panhandle, NM, and AR is not the Midwest. Please show me where these states fit in the Midwest?

delhalew
7/28/2011, 12:25 AM
Sweet. My kids drink that water. Missle fuel? Wtf? I have come to terms with chemicals from fracs, but missle fuel? That's a new one.

lexsooner
7/28/2011, 08:11 AM
I can't speak for the Duncan, OK, environmental case, but the one which made Brockovich famous and was depicted in the movie was actually wrongly decided. Independent scientific experts say the plaintiffs' theory was faulty and scientifically unsound. This is not to say, of course, that industries will not try and get away with as much pollution and waste as possible, but in the original Brockovich case, she was full of it.

OhU1
7/28/2011, 08:31 AM
I can't speak for the Duncan, OK, environmental case, but the one which made Brockovich famous and was depicted in the movie was actually wrongly decided. Independent scientific experts say the plaintiffs' theory was faulty and scientifically unsound. This is not to say, of course, that industries will not try and get away with as much pollution and waste as possible, but in the original Brockovich case, she was full of it.

If it were up to Lex we'd all be drinking sludge and toilet water right now. Science smiance.

okie52
7/28/2011, 08:37 AM
Haven't live in OK since 03 , LOL!!! haha.
I have never heard anyone refer to ND as mid west where I am and that is where those terms probably originated- east coast. Same goes for Mich.

Michigan is practically canada. Same for ND, I have heard northern plains for ND, nothing for michigan, because its just rust belt Mich.. Did I say Indy? No, your reading comprehension just sucks. :rolleyes:

ha ha. Kinda my bad on this ( a few cocktails, perhaps).

The ND I was referring to was Notre Dame and the big ten states as being the midwest.

OK may be south central or a plains state. Probably most people think of it as a Southwestern state...same as many people view TX.

delhalew
7/28/2011, 08:45 AM
If they have been screwing that up since 1965, that prolly means our whole water table is ****ed.

lexsooner
7/28/2011, 08:52 AM
If it were up to Lex we'd all be drinking sludge and toilet water right now. Science smiance.

Global warming, pollution, carcinogens, what a buncha hogwash! What do those egg headed scientists know anyways except how to waste taxpayers money studying the mating habits of june bugs? I know more about the environment from my experiences than any egg head would know through that useless book learning! ;)

jkm, the stolen pifwafwi
7/28/2011, 11:38 AM
this one should be fairly straightforward. Perchlorate interferes with Iodine uptake so if goiters are statistically out of the norm...

texaspokieokie
7/28/2011, 11:46 AM
I can't speak for the Duncan, OK, environmental case, but the one which made Brockovich famous and was depicted in the movie was actually wrongly decided. Independent scientific experts say the plaintiffs' theory was faulty and scientifically unsound. This is not to say, of course, that industries will not try and get away with as much pollution and waste as possible, but in the original Brockovich case, she was full of it.

yep, full of it. they did however, win $300,000,000.

pphilfran
7/28/2011, 11:47 AM
Anyone interested in the facts?

Since there have been a lot of guessing I will add my wild azz prediction...

EPA didn't require testing...apparently the US military did not require testing for perchlorate since there were no limits or regs on the substance...

In Feb of this year the EPA issued the statement about future regs...Halliburton probably picked up on the EPA notice and started testing prior to the regs coming on line...

Halliburton found the high levels and notified all parties....they put people up in hotels...bought them bottled water...stated that Halliburton would hook people up to city water if their wells were found to be contaminated..



http://duncanbanner.com/local/x2057649356/Contaminated-water-wells-bring-Brockovich-to-Duncan

During testing required by the Department of Environmental Quality in June, Halliburton officials discovered the perchlorate in private wells. In the first week of July, Halliburton took an immediate proactive stance in addressing the issue, beginning with a press release and then a public meeting a week later.

Between 1965 and 1991, Halliburton contracted with the U.S. Defense Department to remove and burn used missile fuel contained in missile casings. Halliburton teamed with Oklahoma DEQ and initially found 18 tainted wells. Since that time, perchlorate has been found in at least a dozen more wells on Fifth Street and Osage Road.

Perchlorate is salt mineral that is toxic but not believed to be carcinogenic. There are health risks if it is ingested.

http://www.newsok.com/halliburton-confirms-duncan-water-well-contamination-takes-corrective-action/article/3583672

There is currently no legal limit for perchlorate in drinking water, but the U.S. Environmental Protection Agency has begun the process of proposing a regulatory drinking water limit for the substance, Halliburton officials said.

“Halliburton will reimburse any potentially affected resident for the costs of health screenings they may seek,” the company said. “Halliburton will also continue to determine whether additional water wells in the area have perchlorate impacts. Duncan residents who are connected to and using municipal or rural water lines should not be affected by this issue.”

Not until Feb of 2011 did the EPA decide to regulate perchlorate...but they still have no limits or regulations....

http://yosemite.epa.gov/opa/admpress.nsf/1e5ab1124055f3b28525781f0042ed40/6348845793f4cc5d8525782b004d81ae!OpenDocument

WASHINGTON – U.S. Environmental Protection Agency Administrator Lisa P. Jackson today announced the agency’s decision to move forward with the development of a regulation for perchlorate to protect Americans from any potential health impacts, while also continuing to take steps to ensure the quality of the water they drink. The decision to undertake a first-ever national standard for perchlorate reverses a decision made by the previous administration and comes after Administrator Jackson ordered EPA scientists to undertake a thorough review of the emerging science of perchlorate. Perchlorate is both a naturally occurring and man-made chemical, and scientific research indicates that it may impact the normal function of the thyroid, which produces important developmental hormones. Thyroid hormones are critical to the normal development and growth of fetuses, infants and children. Based on this potential concern, EPA will move forward with proposing a formal rule. This process will include receiving input from key stakeholders as well as submitting any formal rule to a public comment process.

GKeeper316
7/28/2011, 11:49 AM
ya from what i understand halliburton has actually tried to be as straight with these folks as possible... its still gonna cost em out the ***, tho.

pphilfran
7/28/2011, 11:52 AM
ya from what i understand halliburton has actually tried to be as straight with these folks as possible... its still gonna cost em out the ***, tho.

They have admitted to having added to the problem...and they will spend a bunch of bucks....

They have been a damn good company for Duncan...

texaspokieokie
7/28/2011, 11:54 AM
probably still are !!!

pphilfran
7/28/2011, 11:56 AM
probably still are !!!

They are...and by the way they are handling the contamination problem they want to stay that way...

delhalew
7/28/2011, 11:59 AM
They have admitted to having added to the problem...and they will spend a bunch of bucks....

They have been a damn good company for Duncan...

They have ensured they are the only game in town. Were it not for HB, we would have a Ford plant and more.

TitoMorelli
7/28/2011, 12:02 PM
Erin Brockovich's greatest concerns are promoting herself and increasing her net worth.

BillyBall
7/28/2011, 12:22 PM
this one should be fairly straightforward. Perchlorate interferes with Iodine uptake so if goiters are statistically out of the norm...

You rely too much on facts...

pphilfran
7/28/2011, 12:23 PM
They have ensured they are the only game in town. Were it not for HB, we would have a Ford plant and more.

Duncan is not big enough to support a Ford facility...

And how is Halliburton keeping them out?

Large manufacturing facilities look to see if they have enough skilled crafts people to support a facility...a company like Halliburton brings a lot of those skilled people into play...that would be a plus to a major manufacturer...

Lawton got Goodyear partly because of Sill and the availability of a lot of skilled workers leaving the armed forces...

Midtowner
7/28/2011, 12:27 PM
Erin Brockovich's greatest concerns are promoting herself and increasing her net worth.

She only does that if she can prove the plaintiff did something wrong and recover damages. If HB acted in a responsible manner, they have nothing to worry about. If, however, they covered things up, lied, etc., they ought to be prepared to write a big check.

pphilfran
7/28/2011, 12:31 PM
She only does that if she can prove the plaintiff did something wrong and recover damages. If HB acted in a responsible manner, they have nothing to worry about. If, however, they covered things up, lied, etc., they ought to be prepared to write a big check.

What liability will they have if there were no limits or testing required?

I don't know if they were testing or if they were required to test for the substance...just asking...

Midtowner
7/28/2011, 12:32 PM
What liability will they have if there were no limits or testing required?

I don't know if they were testing or if they were required to test for the substance...just asking...

I'd have to research that one. Good question though. I do know that, for example, there were no limits or testing in a lot of places which are now superfund sites. On those sites, under CERCLA, the EPA has a pretty long reach both in terms of time in the past and participation in creating the conditions in terms of naming potentially responsible parties and getting 'em to pay remediation costs.

CERCLA allows the EPA (or Oklahoma DEQ) to go back and assess cleanup fees to parties responsible for environmental contamination.

As far as civil damages, that's not what DEQ/EPA does. That's for a court or jury to decide, and there are plenty of viable legal theories, probably the most simple would be negligence; I don't want to expound too much on that because I'm sure the law in this area is a lot more nuanced and tricky where proof is concerned than just negligence.

Nuisance would probably also be a workable theory.

pphilfran
7/28/2011, 12:35 PM
I'd have to research that one. Good question though.

Don't bill me the hours...

delhalew
7/28/2011, 12:39 PM
Duncan is not big enough to support a Ford facility...

And how is Halliburton keeping them out?

Large manufacturing facilities look to see if they have enough skilled crafts people to support a facility...a company like Halliburton brings a lot of those skilled people into play...that would be a plus to a major manufacturer...

Lawton got Goodyear partly because of Sill and the availability of a lot of skilled workers leaving the armed forces...

Goodyear was looking at Duncan as being more suitable than Lawton.

pphilfran
7/28/2011, 12:41 PM
Goodyear was looking at Duncan as being more suitable than Lawton.

Yes...probably bigger tax incentives in Lawton....:)

pphilfran
7/28/2011, 12:42 PM
I'd have to research that one. Good question though. I do know that, for example, there were no limits or testing in a lot of places which are now superfund sites. On those sites, under CERCLA, the EPA has a pretty long reach both in terms of time in the past and participation in creating the conditions in terms of naming potentially responsible parties and getting 'em to pay remediation costs.

CERCLA allows the EPA (or Oklahoma DEQ) to go back and assess cleanup fees to parties responsible for environmental contamination.

As far as civil damages, that's not what DEQ/EPA does. That's for a court or jury to decide, and there are plenty of viable legal theories, probably the most simple would be negligence; I don't want to expound too much on that because I'm sure the law in this area is a lot more nuanced and tricky where proof is concerned than just negligence.

Nuisance would probably also be a workable theory.

Thanks!

BigTip
7/28/2011, 04:43 PM
I would like to run a test on these

http://www.chasingthefrog.com/reelfaces/brockovich/brockovichpr.jpg