A CIVIL ACTION – It’s Debatable

1. A CIVIL ACTION – It’s Debatable Movie Study and Gathering of Debate Evidence

2. ISSUE 6B: CASE STUDY: A CIVIL ACTION • DID TRICHLOROETHYLENE IN GROUND WATER FROM W.R. GRACE COMPANY CAUSE A CLUSTER OF LEUKEMIA DEATHS IN WOBURN, MASS.?

3. summary • "A Civil Action" is a book by Jonanthan Harr, and subsequent Hollywood movie of the same name, which documents a court trial in Woburn, Massachusetts. W.R. Grace Company and several other companies were accused of contaminating the drinking water, which in turn lead to a cluster of leukemia cancers. In this case study, we will look at a series of documents about the trial, subsequent studies, and the EPA Superfund Cleanup to determine the answer to the main debate question. After researching the the original trial and subsequent studies, you will be the jury for the retrial of this case. There are many documents in this case study, since it will be quite time consuming to read all of them, each student will concentrate on one or more and summarize the main points for the other students. Then the other students can read the summaries for the their decision about the trial.

4. QUESTION • DID TRICHLOROETHYLENE OR ANY CHEMICALS IN GROUND WATER FROM W.R. GRACE COMPANY CAUSE A CLUSTER OF LEUKEMIA DEATHS IN WOBURN, MASS.?

5. Round 1 •  SUMMARY ARTICLES - EVERYONE SHOULD READ AT LEAST THE FIRST ONE.A Civil Action by Jonathan Harr - Short review of the book and short summary of the case study • http://www.northshoreonline.com/woburn/civlbook.htm

6. Round 1 ADDITIONAL SOURCES • http://www.northshoreonline.com/woburn/themovie.htm • http://home.comcast.net/~dkennedy56/woburn.html • http://www.northshoreonline.com/woburn/woburn.htm • http://cyber.law.harvard.edu/evidence99/woburn/ • http://serc.carleton.edu/woburn/index.html

7. Chemical Descriptions, Toxicity, and Health EffectsTOX FAQ's / Most common chemicals found at Superfund Sites • http://www.atsdr.cdc.gov/toxfaq.html

8. GROUP WORK #1 http://serc.carleton.edu/woburn/issues/industrial_history.html Use the above link: Research two of the chemicals to give name, use, and toxicity. Use links in box above to find info about the chemicals. Use the above link: Briefly summarize the history of chemical contamination at Woburn and list several of the chemicals found.

9. GROUP WORK #2 http://serc.carleton.edu/woburn/issues/industrial_history.html Research two of the chemicals to give name, use, and toxicity. Use links in box above to find info about the chemicals. Briefly summarize the history of chemical contamination at Woburn and list several of the chemicals found.

10. GROUP WORK #2 http://www.northshoreonline.com/woburn/chemical.htm Research the following chemicals for given name, use, and toxicity. Be sure to look at the following as these were named specifically in the trial:trichloroethylene (TCE), tetrachloroethylene(PERC) Research the following chemicals for given name, use, and toxicity. Be sure to look at the following as these were named specifically in the trial:. and 1,2-trans-dichloroethylene (DCE)1,1,1-trichloroethane, or TCA; and chloroform.) and Hexavalent Chromium

11. GROUP WORK #3 Briefly, what is the nature of the evidence for an increase in cancer rates in Woburn. Summarize some of the key points USE ONLY THESE SOURCES http://www.northshoreonline.com/woburn/answers.htm http://cyber.law.harvard.edu/node/1401 Briefly, what is the nature of the evidence for an increase in cancer rates in Woburn. Summarize some of the key points. USE ONLY THESE SOURCES http://www.vhl.org/newsletter/vhl2000/00antric.htm http://www.northshoreonline.com/woburn/deaths.htm

12. GROUP 1 • What are the main conclusions of the leukemia childhood follow up study? What chemicals may be the cause? Consult the answers to Ques. 1b to find out if the toxicity data for these chemicals has been reported - if not post one or more of them. • Start here: • http://www.nlm.nih.gov/medlineplus/childhoodleukemia.html • Use other sources if needed

13. Group 2 • What are the main conclusions of the leukemia childhood follow up study? What chemicals may be the cause? Consult the answers to Ques. 1b to find out if the toxicity data for these chemicals has been reported - if not post one or more of them. • http://www.nlm.nih.gov/medlineplus/childhoodleukemia.html • Use other sources if needed

14. Group 1 & 2 • Summarize various aspects of the trial. • After the first summary, groups should work to fill in more details to the summary rather than just starting from scratch each time. • Points to look for – • What did they have to prove about the water from the wells? • What proof was needed? • What errors were made? • What did the experts say? • What evidence contradicted the facts that the chemicals came from W.R. Grace? (next page for links)

15. Links • http://home.comcast.net/~dkennedy56/woburn_trial.html • http://home.comcast.net/~dkennedy56/woburn_harr.html • http://serc.carleton.edu/woburn/issues/rulings.html

16. Group 2 • Summarize the trial and evidence from the point of view of W. R. Grace. What are the differences in the interpretation of the evidence? What evidence points away fromo WR Grace as being the cause of contamination in the wells? • Who really should have been sued along with the companies? • FIND LINKS ONLINE TO ANSWER QUESTIONS • CITE your sources

17. Group 1 • Find sources to determine the significance of the U. S. Geologic Survey study about the Aberjona River as a source of contamination of the well water? Also look for the relevant evidence and contention in the Take Two by Dan Kennedy • CONVERSATION: • "Schlichtmann's shortcomings were never more obvious than in the testimony of his poorly prepared lead witness, George Pinder, a nationally recognized hydrogeologist whose role was to explain how contaminated ground water beneath the Beatrice and Grace properties flowed into the drinking-water wells.Pinder put forth a bizarre theory that the wells couldn't have drawn water from the heavily polluted Aberjona River, on whose banks they had been drilled, yet could readily pull water from the Beatrice property, on the other side of the river and some distance away. Facher easily -- and brutally -- exposed Pinder's testimony as erroneous. Harr, in A Civil Action, describes Pinder's mistake as an honest one, and I believe him. But at the time, Pinder came off as someone who had been caught concocting a tale to benefit his client. ***(Government tests later revealed that the wells pulled about 40 percent of their water from the river, but that a considerable quantity of toxins from beneath the Grace and Beatrice properties had nevertheless found their way into the wells.)***“

18. Group 1 • As a result of the trial the area became a Superfund site. • What has or is being accomplished by the remediation of the Superfund sites? • Source http://yosemite.epa.gov/r1/npl_pad.nsf/51dc4f173ceef51d85256adf004c7ec8/25001afe0850c69a8525691f0063f701!OpenDocument

19. Group 2 • How are the problems of Superfund sites being corrected? • What chemicals are being removed from the ground water? • Source http://yosemite.epa.gov/r1/npl_pad.nsf/51dc4f173ceef51d85256adf004c7ec8/25001afe0850c69a8525691f0063f701!OpenDocument

20. Group 1 • As described in this article, what are the lessons to be learned from this case study? • SOURCE • http://home.comcast.net/~dkennedy56/woburn_tnr.html

21. Group 2 • Comment on the accuracy of the movie to actual events. What can be learned from this case? • SOURCE • http://home.comcast.net/~dkennedy56/woburn_realstory.html

22. OTHER SOURCES • WEB MD • US CDC • MED WEB • US GEOLOGICAL ASSOC • ERIN BROKOVITCH (www.brockovich.com) • http://en.wikipedia.org/wiki/A_Civil_Action

23. INDIVIDUAL RESPONSE • In a FREEWRITE Essay style response, • Using a minimum of THREE sources (Cited), • Write 4-6 paragraphs to support your answer to the following: • DID TRICHLOROETHYLENE IN GROUND WATER FROM W.R. GRACE COMPANY CAUSE A CLUSTER OF LEUKEMIA DEATHS IN WOBURN, MASS.? • NOTE: Answer as a jury would using and considering the information and evidence presented in the GROUP work and in the movie. • DUE: __________________ 2014

24. Source List • All sources derived from one location: • http://www.elmhurst.edu/~chm/onlcourse/chm110/issues/issue6B98.html#deb