October/November 2023 TAL Spotlight On the 23 Sections | Page 53

COMMUNITY

Book Review : From Advocate to Activist : A Meet & Greet with Robert Bilott Author of " Exposure "

LINDSAY C . LEE Gray , Rust , St . Amand , Moffett & Briekse llee @ grsmb . com

T he Atlanta Bar Association ’ s Book Bar featured the book “ Exposure ” in its non-fiction fall edition . “ Exposure ” is a story of power , perseverance , and passion . It is the story of environmental lawyer Robert Bilott who fought against the world ’ s largest chemical company over the contamination of drinking water , the “ most heinous corporate environmental conspiracy in history ”, as Ken Cook , President of the Environmental Working Group once put it .

The book depicts a “ David and Goliath ” type battle which started with a single cattle farmer in West Virginia complaining that the public water was poisoning his livestock and family , then blowing up into copious court proceedings that are still going on today : In March 2022 , a Taft litigation team won class certification for plaintiffs who claim certain chemical companies knowingly jeopardized their health by contaminating their blood and bodies with toxic substances known as PFAS , or “ forever chemicals ”. The chemicals have been linked to a variety of diseases and are notable for their incredible persistence , not only in the environment , but in humans as well , where the chemicals tend to accumulate and build up in our blood and organs . A recent study by the CDC concluded that 97 % of the population has PFAS in their blood – a scary finding that makes Bilott ’ s story a reality for us all .
Slowly , Bilott ’ s work pays off – Bilott reported that in August 2022 , 23 years after he filed the lawsuit against DuPont , the EPA proposed to designate two chemicals of the PFAS class as hazardous , and steps are being taken toregulate the chemicals . The company 3M has announced it will stop making PFAS chemicals by 2025 , and Europe has announced a proposed ban on all PFAS chemicals . Asked about his thoughts on whether the legal community should take more radical approaches to political regulations rather than resorting to tort litigation first , Bilott responded that private tort litigation was necessary “ to get the ball rolling ” with these regulatory changes . Without these suits , which are unique to the United States ’ legal system , the world would not have listened and “ we would still wait for regulations ”, said Bilott . After the suit of Earl Tennant , Bilott tirelessly worked towards putting together a class of affected individuals for the class-action lawsuit . One reader in the group stated this was “ the best part ,” because it brought the community and the DuPont workers into the picture and made the issue so much more significant . As Bilott wrote , it “ put a human face on an abstract question .” We discussed the real-life individuals affected by the contamination , specifically the individuals who were former DuPont employees . In his book , Bilott shows how science intersects with the law . “ Exposure ” is full of scientific jargon which may go over the average person ’ s head . Likely this is why Bilott had such a hard time getting the general public to understand the harm .
In our discussion , we asked the question whether it is the lawyer ’ s job to debunk science , and if so , what if studies and data do not make it into the courtroom ? With all the scientists drawing conclusions even from insufficient data , how can we trust what is in our food , clothes , tools , or the environment in general ? Bilott confirmed that PFAS has been found in all kinds of products , not just Teflon , but also toothbrushes and toys , just to name a few . Bilott said that the DuPont case raised the awareness of consumers who increasingly demand transparen-
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