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Do you solemnly swear the
testimony you're about to give
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to be the truth, the whole truth
and nothing but the truth?
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Yes, I do.
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Hi, Dr Butenhoff.
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My name is Ned McWilliams
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and I'm one of the attorneys
representing
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the various water districts
around the country
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that's suing your company, 3M,
among others.
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♪ Man-made chemicals are
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♪ Poisoning the Earth ♪
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There were companies
and people
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that knew the nature and extent
of this threat
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but did it anyway.
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♪ Chemists move molecules around
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♪ Like we move furniture... ♪
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You can't help but ask
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what kind of people do that?
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♪ After we're dead and gone
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♪ It will be here
a million years... ♪
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This has to be
the most explosive information
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that I've found.
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♪ We'll all be dead and gone
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♪ And cried a billion tears... ♪
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It was
our 'holy shit' moment.
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Yeah.
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Like, people do this?!
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♪ In the water... ♪
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Do you swear to tell
the truth, the whole truth
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and nothing but the truth,
so help you God?
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I do.
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If you wanted to
contaminate the planet,
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you couldn't have invented
a better delivery device
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than firefighting foam.
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♪ Flowing deep in the water. ♪
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Our old people
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have always had a... a really
special intimate relationship
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with this place.
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And when we go to special places
like this,
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it's really important
that we pay respect...
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...to all this part here,
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all this country, the water,
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the trees...
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...grass, everything that's here.
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It's all connected
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and it was all here before us
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and we're obligated
to take care of it.
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The Wreck Bay
Aboriginal fishing community
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is tucked away
in a little bit of paradise
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on the south coast
of New South Wales.
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It's pristine ocean.
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And when you look across to the
distance, it's the mountains
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and they're quite blue because
of our eucalypt that we have.
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It's actually a place
right on the ocean
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that is just us, you know,
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and it's been like that
for thousands of years.
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Wreck Bay has always
been a fishing village
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and everything is here.
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Everything is here in abundance.
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We'd go diving.
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You know,
little ones that I'd get
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are little abalones or oysters.
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So we wouldn't go home
to have lunch.
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We'd have lunch as we catch it.
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So full of culture and heritage.
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It was a child's playground
in paradise.
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We don't exist.
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If... if we don't have water,
we're not here.
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It's who we are.
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But now there's
trouble in paradise.
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PFAS chemicals
used in firefighting foam
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have leached out
from a navy airfield
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known as the Jervis Bay
Range Facility.
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Head along Wreck Bay Road.
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See through there?
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That's the east-west runway
there.
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Into the right here,
we've got the training centre
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where they do
all their fire drills.
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Where the PFAS
was kept and stored.
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But everything from there,
from their training centre,
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all that water...
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...every time it rains,
everything runs down this hill
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and it runs straight into
little gutters and creeks
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and... and... all of these
little nooks and crannies
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that all flow down
into Wreck Bay
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and then it runs into...
into our ocean down here.
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The two main, um, killers
in the community
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is from heart... heart attack
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and cancer.
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I had a... um, cancerous cyst
in my pancreas.
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Pancreatic cancer is very brutal
and savage.
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Since January,
we've had six funerals.
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So a lot of alarm bells
was ringing.
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You know, it's a chemical
used for something...
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...that's like a business model.
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And when you look at that,
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it's all to do with that,
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to do with money.
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If we can be taken
right back to those places
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where people signed
that dotted line
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and where that was
a business transaction,
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you know, those people
need to be made accountable.
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The whole process that
it's gone through to get here
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and to poison our beautiful part
of country has to be unpacked.
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I think once people
start to see this story,
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um, and see how much information
was known by this company
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going back as far as it does,
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and knowing how much
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of the current PFAS
contamination problem
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could have been prevented,
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I think there are gonna be a lot
of people that are very angry.
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How do you,
in good conscience,
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if you're aware that a product
that you manufacture,
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and are essentially
the exclusive manufacturer of,
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and you know
that it's in the blood
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of the general population
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all around the world,
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how is it that you could
in good conscience
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not tell folks?
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And you let generation
after generation be exposed...
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- Right.
- ...um, in the name of profits.
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I guess that's the goal
of our trial,
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is to... to tell that story.
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We're talking about
worldwide contamination
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and, what, 3M knew
and when they knew it.
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I mean, if you think
about the amount of effort
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3M has spent over the years
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to keep this under wraps,
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you know, to make sure that
people didn't see this evidence.
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And, again,
it's just remarkable to me
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that we're now having
to... to prepare these cases
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to go to trial
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to get these people
to accept responsibility
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for what they did.
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Right.
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And there's no doubt who did it.
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If you wanted to deliberately
contaminate the planet
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with PFAS,
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you couldn't have invented
a better delivery device
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than firefighting foam
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where you're literally spraying
it into the environment,
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into the water, and don't do
anything to clean it up
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and just let it soak in,
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let it leach through the...
through the ground
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into the aquifers,
into people's drinking water
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and that's exactly
what they did.
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♪ Man-made chemicals are
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♪ Poisoning the Earth
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♪ Chemists move molecules around
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♪ Like we move furniture... ♪
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I was always drawn
to being a trial lawyer,
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which is, I like to say,
it's sort of performative art.
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The only difference is I have
a much more captive audience
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when I have a jury.
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They have to sit
and listen to me.
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I started out
as a struggling musician
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for the first 30 years
of my life.
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♪ Rollin' down
ol' River Road... ♪
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We played everywhere.
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We played some of the most
famous punk rock scenes
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of the '70s and '80s in New York
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and we had a blast.
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♪ Give me hope, give me strength
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♪ And the faith
when I need it most... ♪
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I did not go to law school
till I was 30
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and I realised I had...
..to make a living.
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♪ Holding on. ♪
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- And I also believed...
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...in pursuing just causes,
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so I would look
to defend the little guy.
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I got recruited by a firm
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that was doing tobacco
litigation for plaintiffs
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and we would be representing
thousands of people.
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And I won.
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I think at that time it was
the third successful case
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in the United States.
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And then Rob Bilott,
um, reached out to me.
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His cases were gonna go to trial
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and he needed a trial lawyer.
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I was working at a law firm
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where we were helping
big corporate clients,
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a lot of big chemical companies.
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And I got a call in my office
one day
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from a gentleman who identified
himself as Mr Tennant
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out in West Virginia
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and was telling me
that he had cows dying
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that I needed to help him with.
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He was convinced
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there was something
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obviously in this white foam
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coming out of this landfill
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owned by DuPont
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that was impacting the cows.
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By the time he had
called me in 1998,
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he had lost over a hundred
of these animals.
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That call led to what became
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the next several decades
of litigation
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involving these
PFAS "forever chemicals".
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We represented
a class of 3,000 people.
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We tried three individual cases,
won them all
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and DuPont...
...finally caved in
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and settled
with all 3,000 people
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in that community.
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It ended up
being on the cover
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of the 'New York Times'
magazine.
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After that story came out,
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one of the people
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that apparently had seen
the story and reached out to me
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was Mark Ruffalo.
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You knew.
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Still you did nothing.
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'Dark Waters' tells
the true story of Robert Bilott,
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the underdog lawyer who
took on the industrial giant
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00:12:07,960 --> 00:12:09,340
DuPont Chemical.
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You want to take everything
that you know
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and turn it against
an iconic American company,
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like an informant!
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Isn't that right?
Isn't that right?!
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- Isn't that right?
- Yes!
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00:12:21,400 --> 00:12:23,140
- Hey.
- Oh. Oh, man.
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- So good to see you.
- Yeah, you too.
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- How are you doing?
- Awesome.
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- Oh, buddy, it's been too long.
- Yeah!
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00:12:28,800 --> 00:12:30,860
- Good to see you. Yeah.
- Good to see you.
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- It's almost been two years.
- Yeah.
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The film, you know,
that we did together,
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it seems to have created a space
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to start to change everything.
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- Would you say that was true?
- Absolutely.
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I think it really showed people,
"Wait a minute,
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"this stuff,
it's not just in the water
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"in a town in West Virginia."
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This stuff that
we were dealing with
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and that you see in the film,
'Dark Waters',
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it's the same chemicals now
that are in the water in the UK,
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in Germany, in Italy,
in Australia, in Japan.
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00:13:02,200 --> 00:13:04,020
This story...
239
00:13:04,120 --> 00:13:06,860
...it's... it's playing out
all over the world now.
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00:13:06,960 --> 00:13:09,940
This was always the... thing
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00:13:10,040 --> 00:13:11,900
that was astonishing to me,
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that people made the decision
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to go forward
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00:13:16,640 --> 00:13:19,120
with putting
these chemicals in...
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...our environment.
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They knew what they were doing.
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Those were decisions
that were made by people.
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You can't help but ask...
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...what kind of people do that?
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3M were a large
multinational conglomerate
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chemical company.
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They're based in Minnesota.
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They go back to the 1800s.
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And they're in
the business of selling
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thousands of different
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commercial and industrial
products.
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It's a multibillion-dollar
company,
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00:13:52,440 --> 00:13:54,700
and they were back in the '70s
when this all got started.
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00:13:54,800 --> 00:14:00,340
PFAS is per- and
polyfluoroalkylated substances.
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00:14:00,440 --> 00:14:04,780
It is a family of completely
man-made chemicals.
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00:14:04,880 --> 00:14:07,980
These are chemicals that
never existed on the planet
262
00:14:08,080 --> 00:14:09,900
prior to World War II.
263
00:14:10,000 --> 00:14:12,980
The two chemicals that we... that
we've been talking about here
264
00:14:13,080 --> 00:14:15,660
that we know the most about
in this PFAS family
265
00:14:15,760 --> 00:14:18,460
are the ones that have
eight carbons - the C8s.
266
00:14:18,560 --> 00:14:20,420
That's PFOA
267
00:14:20,520 --> 00:14:22,340
and PFOS.
268
00:14:22,440 --> 00:14:23,420
Both of these, really,
269
00:14:23,520 --> 00:14:25,520
were created by 3M.
270
00:14:26,560 --> 00:14:30,980
PFOA was sold primarily
to DuPont
271
00:14:31,080 --> 00:14:33,380
to use in things like Teflon.
272
00:14:38,040 --> 00:14:40,300
PFOS, on the other hand,
273
00:14:40,400 --> 00:14:42,980
was one that was
primarily used by 3M
274
00:14:43,080 --> 00:14:44,700
in a lot of its own products,
275
00:14:44,800 --> 00:14:46,800
things like Scotchgard.
276
00:14:50,800 --> 00:14:53,180
And also they made this thing
called Scotchban.
277
00:14:53,280 --> 00:14:55,500
Think of like, uh,
a... a hamburger wrapper.
278
00:14:55,600 --> 00:14:58,500
That special paper where the
grease doesn't leak through it?
279
00:14:58,600 --> 00:15:01,220
That was what these products
were primarily used for.
280
00:15:01,320 --> 00:15:04,100
PFOS was very much
their secret sauce,
281
00:15:04,200 --> 00:15:05,660
their proprietary chemical.
282
00:15:05,760 --> 00:15:06,900
No-one outside of 3M
283
00:15:07,000 --> 00:15:08,420
had ever made it before,
284
00:15:08,520 --> 00:15:10,520
had ever seen it before,
knew anything about it.
285
00:15:13,560 --> 00:15:17,620
3M also started using PFOS,
286
00:15:17,720 --> 00:15:20,380
and then in later years
PFOA was used as well,
287
00:15:20,480 --> 00:15:24,960
in making a product called
aqueous film forming foam...
288
00:15:27,120 --> 00:15:29,260
...a type of firefighting foam
289
00:15:29,360 --> 00:15:31,660
used to combat petroleum fires.
290
00:15:31,760 --> 00:15:35,660
This was created primarily
around the 1960s
291
00:15:35,760 --> 00:15:39,380
and started being sold
to the US military.
292
00:15:39,480 --> 00:15:41,420
And over the last
several decades,
293
00:15:41,520 --> 00:15:44,420
this product,
this... this firefighting foam
294
00:15:44,520 --> 00:15:47,220
that's containing
these PFAS chemicals,
295
00:15:47,320 --> 00:15:50,780
has been sold to airports,
fire stations,
296
00:15:50,880 --> 00:15:54,920
military personnel,
firefighters all over the world.
297
00:15:56,120 --> 00:16:01,420
And this whole other story
started to become apparent
298
00:16:01,520 --> 00:16:05,900
of how much the...
the Department of Defense
299
00:16:06,000 --> 00:16:08,180
was using this
300
00:16:08,280 --> 00:16:09,940
and how many bases
301
00:16:10,040 --> 00:16:12,980
throughout the United States
were poisoned
302
00:16:13,080 --> 00:16:14,820
and how many firefighters...
303
00:16:14,920 --> 00:16:15,820
Yeah.
304
00:16:15,920 --> 00:16:17,740
...who are covered in this stuff.
305
00:16:17,840 --> 00:16:20,540
And are told,
"You spray it all out there,"
306
00:16:20,640 --> 00:16:23,500
even though these companies
understood
307
00:16:23,600 --> 00:16:25,420
when they were making this stuff
308
00:16:25,520 --> 00:16:27,020
it's got PFAS in it.
309
00:16:30,000 --> 00:16:31,700
And these types
of chemicals
310
00:16:31,800 --> 00:16:33,500
when they get out
into the environment,
311
00:16:33,600 --> 00:16:35,740
they never break down.
312
00:16:35,840 --> 00:16:38,900
And so the problem is
not only do these chemicals
313
00:16:39,000 --> 00:16:41,400
get out into our environment
and stay there...
314
00:16:42,520 --> 00:16:44,340
...they're incredibly toxic
315
00:16:44,440 --> 00:16:47,860
and they've been found to be
incredibly persistent,
316
00:16:47,960 --> 00:16:49,580
bioaccumulative
317
00:16:49,680 --> 00:16:51,540
and, unfortunately
in some situations,
318
00:16:51,640 --> 00:16:53,060
carcinogenic as well.
319
00:16:53,160 --> 00:16:56,820
A lot of the information
that has come out over the years
320
00:16:56,920 --> 00:16:59,580
has focused on
what DuPont was doing
321
00:16:59,680 --> 00:17:00,780
and what DuPont knew
322
00:17:00,880 --> 00:17:01,940
about these chemicals
323
00:17:02,040 --> 00:17:03,660
and how DuPont had covered up
324
00:17:03,760 --> 00:17:05,760
information about
the health threat here.
325
00:17:06,720 --> 00:17:09,700
There hasn't been as much
information available
326
00:17:09,800 --> 00:17:14,060
about what 3M knew
about these chemicals.
327
00:17:14,160 --> 00:17:16,780
This is the company
that actually created these
328
00:17:16,880 --> 00:17:18,880
at the beginning.
329
00:17:20,880 --> 00:17:22,900
The stakes are enormous
330
00:17:23,000 --> 00:17:26,900
because it's about holding
to account chemical companies
331
00:17:27,000 --> 00:17:31,220
that have been responsible
for manufacturing a product
332
00:17:31,320 --> 00:17:35,100
that has contaminated virtually
everyone and everything
333
00:17:35,200 --> 00:17:36,900
on the planet
334
00:17:37,000 --> 00:17:38,620
from here to Australia
335
00:17:38,720 --> 00:17:41,540
to Europe to China.
336
00:18:00,000 --> 00:18:02,060
We're just
on the northern edge
337
00:18:02,160 --> 00:18:04,460
of the airfield here.
338
00:18:04,560 --> 00:18:06,420
We've just had bucketloads
339
00:18:06,520 --> 00:18:07,860
of rain falling down
340
00:18:07,960 --> 00:18:09,500
and now all this foam
341
00:18:09,600 --> 00:18:12,760
seems to be coming down
the waterways off the base.
342
00:18:13,760 --> 00:18:17,040
You'd have to say
that would have to be PFAS.
343
00:18:23,160 --> 00:18:26,460
I've been reporting
on PFAS contamination
344
00:18:26,560 --> 00:18:28,580
for about eight years now.
345
00:18:28,680 --> 00:18:30,660
It really is one of those issues
346
00:18:30,760 --> 00:18:33,220
where every time
you turn the stone over,
347
00:18:33,320 --> 00:18:35,320
you just find something new.
348
00:18:37,640 --> 00:18:41,360
This is the only road
that takes you into Wreck Bay.
349
00:18:43,200 --> 00:18:47,040
We're just approaching
the naval college on our right.
350
00:18:49,160 --> 00:18:51,500
This is where the majority
of the cadets
351
00:18:51,600 --> 00:18:53,340
have done their fire training
352
00:18:53,440 --> 00:18:54,820
and so you'd have to think
353
00:18:54,920 --> 00:18:56,700
that the majority
of the PFAS contamination
354
00:18:56,800 --> 00:18:58,860
has come from this area.
355
00:18:58,960 --> 00:19:00,740
So any training
that they've done here
356
00:19:00,840 --> 00:19:02,820
is gonna have
flushed down the hill,
357
00:19:02,920 --> 00:19:05,640
straight towards the village
of Wreck Bay.
358
00:19:07,160 --> 00:19:09,740
So, really,
in this national park,
359
00:19:09,840 --> 00:19:12,460
you could not have
a worse possible spot
360
00:19:12,560 --> 00:19:16,680
to be doing your fire training
with toxic PFAS chemicals.
361
00:19:24,040 --> 00:19:25,380
Hi, Uncle Jack.
362
00:19:25,480 --> 00:19:27,500
-Hi, Carrie. How are you?
-Yeah.
363
00:19:27,600 --> 00:19:29,060
- I'm really well, thanks.
-Yeah?
364
00:19:29,160 --> 00:19:30,580
-How are you?
- Good, thank you.
365
00:19:30,680 --> 00:19:35,940
I started as a ranger
in 1968.
366
00:19:36,040 --> 00:19:39,300
I was the first Aboriginal
ranger in the Territory.
367
00:19:39,400 --> 00:19:43,420
We were doing
all our firefighting modules
368
00:19:43,520 --> 00:19:46,540
up at the Jervis Bay
Range Facility.
369
00:19:49,080 --> 00:19:51,420
If we wanted to put out
an oil fire,
370
00:19:51,520 --> 00:19:55,700
we'd have to use the foam
and the water to put it out.
371
00:19:55,800 --> 00:20:01,420
If we wanted to go into a big,
uh, tank or... or like a cabin,
372
00:20:01,520 --> 00:20:05,460
we'd have to crawl through
in the water and everything else
373
00:20:05,560 --> 00:20:09,060
while they had all the smoke
and fire in there.
374
00:20:09,160 --> 00:20:11,020
And what... what would happen,
375
00:20:11,120 --> 00:20:13,140
we'd come out all soaking wet
376
00:20:13,240 --> 00:20:16,140
from the foam
and everything else
377
00:20:16,240 --> 00:20:20,500
and we'd have to, uh, go
near a fire and dry ourself out.
378
00:20:20,600 --> 00:20:21,940
- Oh, wow!
- Yeah.
379
00:20:22,040 --> 00:20:23,500
So you were actually
crawling through water
380
00:20:23,600 --> 00:20:24,940
that had the foam in it.
381
00:20:25,040 --> 00:20:26,420
- Is that right?
- Yeah, it had... Yeah. Yeah.
382
00:20:26,520 --> 00:20:29,260
And did you ever use
anything to protect yourself,
383
00:20:29,360 --> 00:20:31,220
gloves and things,
when you're handling the foam?
384
00:20:31,320 --> 00:20:33,140
-No. No. No.
- That kind of thing.
385
00:20:33,240 --> 00:20:36,140
- We'd just use our bare hands.
- Wild. Oh, wow.
386
00:20:36,240 --> 00:20:39,700
And with a helmet on.
Not even a... a face mask.
387
00:20:39,800 --> 00:20:41,300
- Wow.
- And our overalls.
388
00:20:41,400 --> 00:20:43,400
And our boots. Mmm.
389
00:20:44,400 --> 00:20:46,780
So, of the firefighters
you worked with,
390
00:20:46,880 --> 00:20:50,060
how many are still alive now?
391
00:20:50,160 --> 00:20:51,780
There'd be only
about eight of us.
392
00:20:51,880 --> 00:20:53,880
-Wow.
- That I know of.
393
00:20:54,480 --> 00:20:57,780
The rest of them
have all passed on.
394
00:20:57,880 --> 00:20:58,980
And so how many, roughly,
395
00:20:59,080 --> 00:21:01,260
would you say have passed?
396
00:21:01,360 --> 00:21:03,540
I'd say...
397
00:21:03,640 --> 00:21:05,640
...between 20 and 22...
398
00:21:06,280 --> 00:21:08,280
...hmm, have passed.
399
00:21:16,200 --> 00:21:19,580
The navy asked us
if we want to do some training
400
00:21:19,680 --> 00:21:21,980
up at the aerodrome.
401
00:21:22,080 --> 00:21:23,620
They said, "We use foam."
402
00:21:23,720 --> 00:21:25,720
I said, "That's alright."
403
00:21:26,720 --> 00:21:29,160
'Cause I didn't know
what was in the foam.
404
00:21:30,160 --> 00:21:32,820
I've had, uh, prostate cancer,
405
00:21:32,920 --> 00:21:35,220
which I've had
my prostate removed.
406
00:21:35,320 --> 00:21:38,300
They found that I had
cirrhosis of the liver.
407
00:21:38,400 --> 00:21:41,540
Every doctor I've been to,
they've asked me,
408
00:21:41,640 --> 00:21:43,640
"Are you a heavy drinker?"
409
00:21:44,360 --> 00:21:46,500
"No, sir.
410
00:21:46,600 --> 00:21:48,500
"I'm not a heavy drinker."
411
00:21:48,600 --> 00:21:50,300
The cancers that you've had,
412
00:21:50,400 --> 00:21:52,500
are those sort of
any possibility
413
00:21:52,600 --> 00:21:54,780
that they were
inherited down the line
414
00:21:54,880 --> 00:21:56,220
like hereditary cancers?
415
00:21:56,320 --> 00:21:57,420
- No. No.
- No.
416
00:21:57,520 --> 00:21:58,900
There's no history of it
417
00:21:59,000 --> 00:22:01,100
in... in my...
you know, my family.
418
00:22:01,200 --> 00:22:03,260
All these different types of
419
00:22:03,360 --> 00:22:05,180
deformities and blood disorders
420
00:22:05,280 --> 00:22:06,740
and... and cancers
421
00:22:06,840 --> 00:22:08,180
that have come to our community
422
00:22:08,280 --> 00:22:11,500
can't be just... hereditary
423
00:22:11,600 --> 00:22:15,880
and it can't be just... you know,
a... a fate of bad luck.
424
00:22:17,520 --> 00:22:20,000
It has to have come
from something else.
425
00:22:34,040 --> 00:22:35,500
One of
the biggest stories
426
00:22:35,600 --> 00:22:37,340
I've ever written in my career
427
00:22:37,440 --> 00:22:39,060
would have to be
the story I wrote
428
00:22:39,160 --> 00:22:41,060
about Tartan High School,
Minnesota,
429
00:22:41,160 --> 00:22:44,800
that was basically on the
doorstep of 3M's headquarters.
430
00:22:46,320 --> 00:22:48,460
They'd had plants over there
431
00:22:48,560 --> 00:22:51,260
that were manufacturing PFAS
432
00:22:51,360 --> 00:22:53,900
and that the PFAS had
contaminated the drinking water.
433
00:22:54,000 --> 00:22:56,580
So I started googling
the name of this town
434
00:22:56,680 --> 00:22:59,780
where their headquarters was,
which was called Oakdale,
435
00:22:59,880 --> 00:23:04,140
and I was just blown away
to see these articles coming up
436
00:23:04,240 --> 00:23:06,820
about these kids
who were dying of cancer
437
00:23:06,920 --> 00:23:09,020
at the local high school.
438
00:23:09,120 --> 00:23:12,100
So I just remember this moment,
it was like a lightning bolt,
439
00:23:12,200 --> 00:23:15,260
of how... how could this happen,
number one?
440
00:23:15,360 --> 00:23:18,100
And... and number two,
why was no-one talking about
441
00:23:18,200 --> 00:23:20,740
why all these kids
were dying of cancer
442
00:23:20,840 --> 00:23:22,220
and... and the potential...
443
00:23:22,320 --> 00:23:23,780
...no-one seemed to have made
that connection
444
00:23:23,880 --> 00:23:26,220
to the contamination
of the drinking water?
445
00:23:26,320 --> 00:23:28,420
Most of them had grown up
drinking water
446
00:23:28,520 --> 00:23:30,260
that was contaminated with PFAS
447
00:23:30,360 --> 00:23:32,500
and their parents
had even drinking that water
448
00:23:32,600 --> 00:23:34,980
while they were in utero.
449
00:23:35,080 --> 00:23:37,820
So once I got over there,
I just went doorknocking.
450
00:23:37,920 --> 00:23:41,580
So I managed to find, um, a few
names of the kids that had died
451
00:23:41,680 --> 00:23:43,620
and I went and knocked
on those doors.
452
00:23:43,720 --> 00:23:46,140
And then it just
spread and spread.
453
00:23:46,240 --> 00:23:48,660
And by the end of the two weeks,
454
00:23:48,760 --> 00:23:52,620
I'd managed to find
21 cancer cases at that school
455
00:23:52,720 --> 00:23:55,740
that all happened
within a 15-year period.
456
00:23:55,840 --> 00:24:00,180
The types of cancers ranged
from Hodgkin's lymphoma,
457
00:24:00,280 --> 00:24:02,020
leukaemia
458
00:24:02,120 --> 00:24:03,540
to bone cancer,
459
00:24:03,640 --> 00:24:04,980
and about six cases
460
00:24:05,080 --> 00:24:06,460
of brain tumours.
461
00:24:06,560 --> 00:24:08,060
And, tragically,
462
00:24:08,160 --> 00:24:09,540
at the time of my visit,
463
00:24:09,640 --> 00:24:12,060
five of the students
had already passed away
464
00:24:12,160 --> 00:24:14,160
at a really young age.
465
00:24:15,840 --> 00:24:17,860
I met a lot of the students.
466
00:24:17,960 --> 00:24:20,900
And one of the ones
that really stood out to me
467
00:24:21,000 --> 00:24:23,340
was Amara Strande.
468
00:24:23,440 --> 00:24:26,580
When I was 15,
I was diagnosed with
469
00:24:26,680 --> 00:24:29,140
fibrolamellar hepatocellular carcinoma,
470
00:24:29,240 --> 00:24:31,460
an incredibly rare liver cancer.
471
00:24:31,560 --> 00:24:34,060
The chances of being diagnosed
with fibrolamellar
472
00:24:34,160 --> 00:24:35,820
is 1 in 5 million.
473
00:24:37,880 --> 00:24:39,820
At the time
that I saw her,
474
00:24:39,920 --> 00:24:41,620
she'd only just
got out of hospital
475
00:24:41,720 --> 00:24:44,100
from being in a coma for 33 days
476
00:24:44,200 --> 00:24:46,640
after her liver tumour
was removed.
477
00:24:48,040 --> 00:24:50,820
And I remember just
going to her house.
478
00:24:50,920 --> 00:24:52,380
She was very switched-on
479
00:24:52,480 --> 00:24:53,860
and she just wanted to know
480
00:24:53,960 --> 00:24:55,140
everything that I knew
481
00:24:55,240 --> 00:24:56,140
about PFAS.
482
00:24:56,240 --> 00:24:57,580
And after I went home,
483
00:24:57,680 --> 00:24:58,820
she just kept going
484
00:24:58,920 --> 00:24:59,980
and researching
485
00:25:00,080 --> 00:25:01,340
and speaking to people.
486
00:25:01,440 --> 00:25:04,820
And there was just
something about her.
487
00:25:04,920 --> 00:25:08,340
I had no idea of how significant
488
00:25:08,440 --> 00:25:11,120
that meeting was gonna be
in the grand scheme of things.
489
00:25:12,520 --> 00:25:15,820
She didn't have any fear about
going up against
490
00:25:15,920 --> 00:25:18,240
people who were more powerful
than her.
491
00:25:23,600 --> 00:25:28,140
We got involved with 3M
back in 2005.
492
00:25:28,240 --> 00:25:31,340
That's when these chemicals
were discovered in the water
493
00:25:31,440 --> 00:25:34,820
outside of their manufacturing
plant in Minnesota by the state.
494
00:25:34,920 --> 00:25:38,580
You know, we were asked to
come in and help the community,
495
00:25:38,680 --> 00:25:41,140
who was being exposed
to these chemicals
496
00:25:41,240 --> 00:25:42,500
in their drinking water.
497
00:25:42,600 --> 00:25:46,060
Unfortunately, when we...
when we started pursuing
498
00:25:46,160 --> 00:25:47,780
the litigation in Minnesota,
499
00:25:47,880 --> 00:25:49,980
one of the first things 3M did
500
00:25:50,080 --> 00:25:52,620
was go into the local court
501
00:25:52,720 --> 00:25:55,660
and get a blanket
protective order.
502
00:25:55,760 --> 00:25:59,900
They essentially were able to
designate every single document
503
00:26:00,000 --> 00:26:02,140
as confidential.
504
00:26:02,240 --> 00:26:05,100
So despite the fact
that we were able to see
505
00:26:05,200 --> 00:26:08,380
these internal studies and
these internal documents of 3M,
506
00:26:08,480 --> 00:26:11,220
we weren't able to share those
for years.
507
00:26:11,320 --> 00:26:13,220
And, in fact,
a lot of those documents
508
00:26:13,320 --> 00:26:16,700
are only just now being
made available to the public.
509
00:26:16,800 --> 00:26:19,700
And some additional documents
are just now coming out
510
00:26:19,800 --> 00:26:20,860
through this litigation
511
00:26:20,960 --> 00:26:22,960
over firefighting foam.
512
00:26:27,920 --> 00:26:30,380
So this is the first one
513
00:26:30,480 --> 00:26:32,380
that sort of shows
the water treatment plant
514
00:26:32,480 --> 00:26:34,180
and you can see over there
in the end
515
00:26:34,280 --> 00:26:35,980
it's got the four
ion exchange vessels
516
00:26:36,080 --> 00:26:37,780
that they've constructed so far.
517
00:26:37,880 --> 00:26:40,900
Yeah, so our jurors
can see an aerial shot
518
00:26:41,000 --> 00:26:44,020
of what the whole
treatment plant,
519
00:26:44,120 --> 00:26:48,220
um, to remove PFAS...looks like.
520
00:26:49,320 --> 00:26:50,540
So a few years back,
521
00:26:50,640 --> 00:26:51,900
EPA empanelled a group
522
00:26:52,000 --> 00:26:54,860
of some of the world's
leading scientists and experts
523
00:26:54,960 --> 00:26:58,000
in the area of
PFAS contamination.
524
00:26:59,440 --> 00:27:04,180
They concluded that PFOA and
PFOS are likely to cause cancer
525
00:27:04,280 --> 00:27:06,360
and other human health effects,
in fact.
526
00:27:12,240 --> 00:27:14,660
And they determined that
"there is no dose
527
00:27:14,760 --> 00:27:18,020
"below which either chemical
is considered safe".
528
00:27:18,120 --> 00:27:21,040
In other words,
there is no safe level.
529
00:27:22,800 --> 00:27:24,940
Now the City of Stuart
is taking several manufacturers
530
00:27:25,040 --> 00:27:28,980
of the foam to federal court,
including corporate giant, 3M,
531
00:27:29,080 --> 00:27:31,300
claiming 3M knew
but didn't tell the city
532
00:27:31,400 --> 00:27:33,060
about the toxic
contamination risks.
533
00:27:33,160 --> 00:27:34,820
Stuart was chosen to represent
534
00:27:34,920 --> 00:27:36,100
hundreds of communities
535
00:27:36,200 --> 00:27:37,100
across the country
536
00:27:37,200 --> 00:27:38,380
who want 3M to pay
537
00:27:38,480 --> 00:27:39,860
for their
clean-up testing
538
00:27:39,960 --> 00:27:41,460
and filtration.
539
00:27:41,560 --> 00:27:44,980
You know, why should the victims
here of this contamination,
540
00:27:45,080 --> 00:27:47,900
the people that are drinking
this in their homes every day,
541
00:27:48,000 --> 00:27:49,820
be the ones stuck
with those costs?
542
00:27:49,920 --> 00:27:51,980
Why should the cities
and the municipalities
543
00:27:52,080 --> 00:27:54,140
that are now having
to filter this out
544
00:27:54,240 --> 00:27:56,060
have to be the ones
to pay for this?
545
00:27:56,160 --> 00:27:57,660
And it's just mind-blowing to me
546
00:27:57,760 --> 00:28:01,060
that we're...
...having to go to trial
547
00:28:01,160 --> 00:28:05,460
to get responsibility accepted
for those costs.
548
00:28:05,560 --> 00:28:08,420
With respect to
firefighting foam specifically,
549
00:28:08,520 --> 00:28:13,660
as you know, they... they...
they argue that the "end user",
550
00:28:13,760 --> 00:28:16,500
the firefighters who've been
training with foam,
551
00:28:16,600 --> 00:28:18,540
um, are at fault.
552
00:28:18,640 --> 00:28:21,260
Um, and, of course, as you know,
it's mostly used for training
553
00:28:21,360 --> 00:28:23,820
as opposed to actual fires.
554
00:28:23,920 --> 00:28:26,900
Um, so most of the contamination
is from training
555
00:28:27,000 --> 00:28:28,460
where they're not
actually saving lives
556
00:28:28,560 --> 00:28:30,560
in any way, shape or form.
557
00:28:32,320 --> 00:28:33,980
So in this litigation
558
00:28:34,080 --> 00:28:37,140
which is being seen
by Judge Richard Gergel
559
00:28:37,240 --> 00:28:40,700
in Charleston, South Carolina,
in federal court,
560
00:28:40,800 --> 00:28:42,340
all of the cases
across the country
561
00:28:42,440 --> 00:28:44,100
have been consolidated
before him
562
00:28:44,200 --> 00:28:47,340
and he's decided that the water
provider cases should go first.
563
00:28:47,440 --> 00:28:49,220
The city
wants to be awarded
564
00:28:49,320 --> 00:28:50,900
more than $100 million
565
00:28:51,000 --> 00:28:52,700
to cover what has already
been spent on projects
566
00:28:52,800 --> 00:28:54,620
like a multimillion-dollar
treatment plant
567
00:28:54,720 --> 00:28:56,140
and filtration system,
568
00:28:56,240 --> 00:28:57,780
keeping the levels
of the chemicals
569
00:28:57,880 --> 00:29:00,600
undetectable or below
the health advisory limit.
570
00:29:05,360 --> 00:29:07,940
The story
that we put together
571
00:29:08,040 --> 00:29:10,540
really started, um, years ago.
572
00:29:10,640 --> 00:29:12,140
In the course of
what we call discovery,
573
00:29:12,240 --> 00:29:14,580
the defendants and 3M
574
00:29:14,680 --> 00:29:16,180
and the other
defendant companies,
575
00:29:16,280 --> 00:29:17,500
manufacturers of PFAS,
576
00:29:17,600 --> 00:29:19,020
were required by court order
577
00:29:19,120 --> 00:29:21,300
to start producing
their internal files,
578
00:29:21,400 --> 00:29:24,100
anything that had
and that was related to PFAS
579
00:29:24,200 --> 00:29:26,900
or aqueous film forming foam.
580
00:29:27,000 --> 00:29:29,940
And over the course
of the next four years,
581
00:29:30,040 --> 00:29:34,520
they produced about
37 million pages of documents.
582
00:29:37,160 --> 00:29:40,060
And from that we were able
to pick out those documents
583
00:29:40,160 --> 00:29:42,700
that really told a story
584
00:29:42,800 --> 00:29:46,820
and it really starts in 1975.
585
00:29:46,920 --> 00:29:50,660
If I were to give it a name
in this whole longer timeline,
586
00:29:50,760 --> 00:29:52,420
this early part of the timeline,
587
00:29:52,520 --> 00:29:56,860
I would call 'The Shit
Hits the Fan - Part 1'.
588
00:30:06,680 --> 00:30:08,760
A, B. A, B common mark.
589
00:30:11,160 --> 00:30:15,280
This is, uh,
so incredibly fucked and evil.
590
00:30:18,200 --> 00:30:19,740
"In the summer of 1975,
591
00:30:19,840 --> 00:30:21,260
"Dr Warren Guy,
592
00:30:21,360 --> 00:30:24,980
"a toxicologist and professor
at the University of Florida,
593
00:30:25,080 --> 00:30:28,540
"calls 3M's corporate
headquarters concerning research
594
00:30:28,640 --> 00:30:32,660
"he and Dr Donald Taves,
a toxicologist and professor,
595
00:30:32,760 --> 00:30:35,220
"are planning to present
at a symposium
596
00:30:35,320 --> 00:30:38,280
"organised by
the American Chemical Society.
597
00:30:39,680 --> 00:30:43,420
"Dr Guy and Dr Taves
have discovered the presence
598
00:30:43,520 --> 00:30:47,260
"of an unidentified organic
fluorine chemical compound
599
00:30:47,360 --> 00:30:49,360
"in human blood..."
600
00:30:51,120 --> 00:30:55,160
"..obtained from the blood banks
in five US cities."
601
00:30:56,720 --> 00:30:58,540
Imagine
these two outside researchers
602
00:30:58,640 --> 00:31:00,460
found this fingerprint
on a crime scene
603
00:31:00,560 --> 00:31:02,300
but they didn't know
who to match it to.
604
00:31:02,400 --> 00:31:03,900
They could tell some things
about it.
605
00:31:04,000 --> 00:31:05,380
They could tell it was 8-chain,
606
00:31:05,480 --> 00:31:07,100
they could tell
it was fluorinated,
607
00:31:07,200 --> 00:31:09,820
and based on that, they knew
that there was this company
608
00:31:09,920 --> 00:31:13,020
up in Minnesota, 3M,
they made chemicals like that.
609
00:31:18,160 --> 00:31:21,500
They contacted 3M
and asked them,
610
00:31:21,600 --> 00:31:25,060
"Hey, we found
this funny-looking compound
611
00:31:25,160 --> 00:31:27,180
"that's not known in nature."
612
00:31:27,280 --> 00:31:30,660
And this is the actual
telephone memo
613
00:31:30,760 --> 00:31:32,140
from that... of that call
614
00:31:32,240 --> 00:31:34,300
on August 20, 1975.
615
00:31:34,400 --> 00:31:37,140
And it begins,
"Dr Guy called again
616
00:31:37,240 --> 00:31:39,180
"to see if we had
any further ideas
617
00:31:39,280 --> 00:31:43,080
"as to the possible sources
of the fluorocarbon."
618
00:31:44,120 --> 00:31:46,480
Then they literally
pled ignorance.
619
00:31:48,520 --> 00:31:51,140
But the internal documents
have since revealed
620
00:31:51,240 --> 00:31:53,300
3M did its own analysis
621
00:31:53,400 --> 00:31:54,820
and was able to confirm,
622
00:31:54,920 --> 00:31:57,340
yes, this was 3M's stuff
623
00:31:57,440 --> 00:31:59,980
that was being found in
the general population's blood.
624
00:32:00,080 --> 00:32:01,460
They had known internally
625
00:32:01,560 --> 00:32:04,460
that what these two scientists
had stumbled on
626
00:32:04,560 --> 00:32:06,500
was actually PFOS,
627
00:32:06,600 --> 00:32:08,900
which is the one particular PFAS
628
00:32:09,000 --> 00:32:12,300
that is essentially unique
to 3M.
629
00:32:16,000 --> 00:32:18,780
At that point, 3M started
looking at its own workers
630
00:32:18,880 --> 00:32:20,140
to try to figure out,
631
00:32:20,240 --> 00:32:22,580
"Is this getting
into the blood of our workers
632
00:32:22,680 --> 00:32:24,940
"who are working with
these chemicals?"
633
00:32:25,040 --> 00:32:28,980
Sure enough, 3M had found this
stuff, this organic fluoride,
634
00:32:29,080 --> 00:32:30,820
was getting in its own workers.
635
00:32:30,920 --> 00:32:34,020
They notified one of
their main customers
636
00:32:34,120 --> 00:32:35,900
for these chemicals, DuPont,
637
00:32:36,000 --> 00:32:37,780
who was buying PFOA.
638
00:32:37,880 --> 00:32:42,380
DuPont went out and started
testing its workers in 1978.
639
00:32:42,480 --> 00:32:45,020
Sure enough,
DuPont found organic fluoride
640
00:32:45,120 --> 00:32:46,940
getting into its workers
as well.
641
00:32:47,040 --> 00:32:50,420
So by this point of time,
in the late 1970s,
642
00:32:50,520 --> 00:32:54,820
both 3M and DuPont
knew these chemicals
643
00:32:54,920 --> 00:32:58,180
were getting into
general population's blood
644
00:32:58,280 --> 00:33:00,720
and workers who were exposed.
645
00:33:02,680 --> 00:33:04,180
Yeah, all hell broke loose.
646
00:33:04,280 --> 00:33:07,180
They immediately started
all these investigations.
647
00:33:07,280 --> 00:33:09,420
For example,
they started toxicology testing.
648
00:33:09,520 --> 00:33:11,660
They went out
and they got a bunch of mice,
649
00:33:11,760 --> 00:33:13,900
rats, monkeys, guinea pigs,
650
00:33:14,000 --> 00:33:16,660
and they did a whole slew
of toxicology tests,
651
00:33:16,760 --> 00:33:18,820
and the results were bad.
652
00:33:18,920 --> 00:33:21,460
They were vomiting,
there was liver necrosis,
653
00:33:21,560 --> 00:33:24,260
haemorrhaging in their
gastrointestinal tract,
654
00:33:24,360 --> 00:33:26,620
tremors, convulsions.
655
00:33:26,720 --> 00:33:31,420
"20 of the 28 rhesus monkeys
in the study
656
00:33:31,520 --> 00:33:36,380
"die as a result
of their exposures to PFOS."
657
00:33:36,480 --> 00:33:38,660
It sent shock waves
within the company.
658
00:33:38,760 --> 00:33:42,660
They said, "This chemical's now
considered extremely toxic,
659
00:33:42,760 --> 00:33:44,580
"more toxic than
we ever realised."
660
00:33:44,680 --> 00:33:46,340
And that, to me, is the evidence
661
00:33:46,440 --> 00:33:48,180
that that's when they
should have told the EPA.
662
00:33:48,280 --> 00:33:51,420
But actually what they did
was even worse than that.
663
00:33:51,520 --> 00:33:53,540
They went out
and they published a paper
664
00:33:53,640 --> 00:33:55,220
in the journal 'Science',
665
00:33:55,320 --> 00:33:57,260
which is the most prolific
666
00:33:57,360 --> 00:34:01,220
and well-respected
scientific journal in existence.
667
00:34:01,320 --> 00:34:03,660
They published a paper saying
that what Guy and Taves found
668
00:34:03,760 --> 00:34:05,580
was not a man-made chemical
at all,
669
00:34:05,680 --> 00:34:08,300
that it was this naturally
occurring compound,
670
00:34:08,400 --> 00:34:10,860
which, of course,
they knew was a lie.
671
00:34:10,960 --> 00:34:15,060
"3M concludes that both
PFOA and PFOS have,
672
00:34:15,160 --> 00:34:18,140
"quote, 'the potential
for widespread distribution
673
00:34:18,240 --> 00:34:19,500
"'in the environment,'
end quote,
674
00:34:19,600 --> 00:34:23,140
"because they, quote,
'persist in the environment',
675
00:34:23,240 --> 00:34:24,980
"thus 'forever chemicals',
676
00:34:25,080 --> 00:34:28,780
"and that they are
highly mobile in soils,
677
00:34:28,880 --> 00:34:30,940
"and that therefore waterways
678
00:34:31,040 --> 00:34:34,440
"would be their ultimate
environmental sink."
679
00:34:42,720 --> 00:34:45,820
This was the main beach
that was one of the main places
680
00:34:45,920 --> 00:34:48,620
where the community caught fish
and sent it to the market.
681
00:34:48,720 --> 00:34:49,900
That's the creek.
682
00:34:50,000 --> 00:34:51,340
Right.
683
00:34:51,440 --> 00:34:52,500
Oh, wow.
684
00:34:52,600 --> 00:34:55,020
So, my understanding was
685
00:34:55,120 --> 00:34:57,700
Mary's runs pretty much
from the... the airfield
686
00:34:57,800 --> 00:34:59,660
all the way down to the beach
687
00:34:59,760 --> 00:35:00,940
carrying the contamination,
is that right?
688
00:35:01,040 --> 00:35:02,100
Yes.
689
00:35:02,200 --> 00:35:04,260
How often would you come down
growing up?
690
00:35:04,360 --> 00:35:06,060
I was here practically
every day.
691
00:35:06,160 --> 00:35:07,340
- Yeah.
- Yeah.
692
00:35:07,440 --> 00:35:11,500
We not only learnt to fish
and surf here, and swim,
693
00:35:11,600 --> 00:35:13,820
we did a lot of
beachcombing here as well
694
00:35:13,920 --> 00:35:14,860
when we was kids.
695
00:35:14,960 --> 00:35:16,860
So that was one of
the activities
696
00:35:16,960 --> 00:35:19,420
you do when you're living
on the coast.
697
00:35:26,920 --> 00:35:30,260
We, obviously,
grew up right in Wreck Bay,
698
00:35:30,360 --> 00:35:33,380
and the water
was our favourite place to go.
699
00:35:33,480 --> 00:35:35,480
We love the ocean.
700
00:35:36,080 --> 00:35:38,420
Especially at, um, Summercloud,
701
00:35:38,520 --> 00:35:39,660
swimming there,
702
00:35:39,760 --> 00:35:41,260
we'd swim in the creek.
703
00:35:42,560 --> 00:35:43,700
There was foam in the creek
704
00:35:43,800 --> 00:35:45,940
and we would play with it.
705
00:35:46,040 --> 00:35:48,040
We didn't know what it was.
706
00:35:51,560 --> 00:35:56,420
So I'd just finished
school before I turned 18.
707
00:35:56,520 --> 00:36:00,780
And then I started getting,
like, really bad headaches,
708
00:36:00,880 --> 00:36:04,020
and it kind of just
was constant.
709
00:36:04,120 --> 00:36:07,700
And then I started to lose
my balance a little bit.
710
00:36:07,800 --> 00:36:09,140
My eyesight s...
711
00:36:09,240 --> 00:36:11,740
Yeah, that started to get
a bit blurry.
712
00:36:11,840 --> 00:36:13,620
I think the third time
in one week
713
00:36:13,720 --> 00:36:15,060
I went to the doctor's again.
714
00:36:15,160 --> 00:36:18,460
And then she said, "I'm just
gonna book you in for a scan
715
00:36:18,560 --> 00:36:20,700
"on your head."
716
00:36:20,800 --> 00:36:22,780
And that's when I met
my surgeons.
717
00:36:22,880 --> 00:36:24,420
And they came in and he said,
718
00:36:24,520 --> 00:36:27,140
"You've got a tumour
on your brain stem
719
00:36:27,240 --> 00:36:29,300
"and we need to remove it."
720
00:36:29,400 --> 00:36:32,540
So they said,
"It's a slow-growing tumour
721
00:36:32,640 --> 00:36:34,820
"and there is a chance
of recurrence,
722
00:36:34,920 --> 00:36:37,540
"but it's also benign."
723
00:36:37,640 --> 00:36:41,100
We didn't know anyone
that had brain tumours,
724
00:36:41,200 --> 00:36:45,100
so we'd never experienced,
like, even knowing someone
725
00:36:45,200 --> 00:36:46,940
having brain surgery
or anything.
726
00:36:47,040 --> 00:36:50,540
But I think it hit us harder
the second time
727
00:36:50,640 --> 00:36:52,620
when she had surgery,
728
00:36:52,720 --> 00:36:55,540
when we got told,
"Oh, the tumour's come back."
729
00:36:55,640 --> 00:36:56,820
It was daunting,
730
00:36:56,920 --> 00:37:00,220
but I think I...always said
731
00:37:00,320 --> 00:37:02,940
I would rather it happen to me
than anyone else,
732
00:37:03,040 --> 00:37:05,140
'cause I knew
that I could do it.
733
00:37:05,240 --> 00:37:07,860
And I'm like, "OK, just have
to push through."
734
00:37:07,960 --> 00:37:09,340
And then...
735
00:37:09,440 --> 00:37:10,940
...we found out about Jade,
736
00:37:11,040 --> 00:37:13,420
which, that, I think,
broke my heart the most.
737
00:37:13,520 --> 00:37:15,520
Yeah.
738
00:37:16,280 --> 00:37:18,900
Well,
I was having migraines,
739
00:37:19,000 --> 00:37:21,500
like, probably during the period
740
00:37:21,600 --> 00:37:24,180
that she had her first tumour,
741
00:37:24,280 --> 00:37:26,280
but then the symptoms got worse.
742
00:37:27,400 --> 00:37:28,900
And then so me and Mum went in
743
00:37:29,000 --> 00:37:30,260
and they were like,
744
00:37:30,360 --> 00:37:32,640
"Oh, you have
a massive brain tumour."
745
00:37:36,240 --> 00:37:37,940
Then they called Mum and Dad up
for a meeting,
746
00:37:38,040 --> 00:37:39,660
and they were like,
"So, we found...
747
00:37:39,760 --> 00:37:41,780
"..like, we seen
the first tumour,
748
00:37:41,880 --> 00:37:44,320
"but she actually has another
one on the other side as well."
749
00:37:47,120 --> 00:37:49,900
They were trying to connect it
to Mum and Dad
750
00:37:50,000 --> 00:37:52,540
to see if anything came up
in their genes
751
00:37:52,640 --> 00:37:54,540
that would connect to
both of us,
752
00:37:54,640 --> 00:37:56,980
but they found nothing.
753
00:37:57,080 --> 00:37:59,940
Even when we've seen, like,
different doctors and stuff
754
00:38:00,040 --> 00:38:02,660
that I've seen, they're like,
"Oh, where do you live?"
755
00:38:02,760 --> 00:38:03,900
And I'm like, "Jervis Bay."
756
00:38:04,000 --> 00:38:05,820
And they'll look at me again
and be like,
757
00:38:05,920 --> 00:38:08,020
"Oh, do you know about PFAS?"
758
00:38:13,120 --> 00:38:14,420
I was 26 years old
759
00:38:14,520 --> 00:38:18,200
when I was formally diagnosed
with cervical cancer.
760
00:38:19,520 --> 00:38:20,860
I caught it late,
761
00:38:20,960 --> 00:38:23,300
so I was inoperable,
762
00:38:23,400 --> 00:38:25,480
it had already went to
my lymph nodes.
763
00:38:26,840 --> 00:38:29,640
They said, "You might not
be around by Christmas."
764
00:38:31,120 --> 00:38:34,220
I started my treatment in 2015,
765
00:38:34,320 --> 00:38:38,580
and by 2016, in February,
766
00:38:38,680 --> 00:38:41,060
I was in remission.
767
00:38:41,160 --> 00:38:44,920
So here I am, and...
768
00:38:46,080 --> 00:38:49,160
Yeah, thank goodness
you're still here, darling.
769
00:38:52,480 --> 00:38:55,020
Dad's had
a triple bypass.
770
00:38:55,120 --> 00:38:57,060
- You know...
- We've all had triple bypasses.
771
00:38:57,160 --> 00:38:58,300
-All the... Yeah.
- My brothers.
772
00:38:58,400 --> 00:39:00,700
All the brothers,
all heart problems.
773
00:39:00,800 --> 00:39:03,540
Every one of youse
have had a bypass...
774
00:39:03,640 --> 00:39:04,860
Yeah.
775
00:39:04,960 --> 00:39:06,820
...that have lived in Wreck Bay.
776
00:39:06,920 --> 00:39:08,920
So that's, like, 10.
10 of them.
777
00:39:10,320 --> 00:39:12,340
My brother Rob,
he's lived down here,
778
00:39:12,440 --> 00:39:13,460
grown up down here -
779
00:39:13,560 --> 00:39:14,940
heart problems.
780
00:39:15,040 --> 00:39:18,420
My brother Baldy,
he died of a heart attack.
781
00:39:18,520 --> 00:39:21,900
And then my other brother,
who's the same age as Rob,
782
00:39:22,000 --> 00:39:23,660
lives in La Perouse -
783
00:39:23,760 --> 00:39:25,300
no heart problems.
784
00:39:25,400 --> 00:39:26,700
No health problems.
785
00:39:26,800 --> 00:39:28,620
No health problems at all.
786
00:39:28,720 --> 00:39:30,720
It can't be a coincidence.
787
00:39:34,000 --> 00:39:35,100
So how old were you
788
00:39:35,200 --> 00:39:38,100
when you first started
getting sick?
789
00:39:38,200 --> 00:39:40,420
I had this lump here for years.
790
00:39:40,520 --> 00:39:43,060
- Mm.
- And I never took notice of it.
791
00:39:43,160 --> 00:39:44,540
Yeah.
792
00:39:44,640 --> 00:39:47,480
And I found out that I was sick
with breast cancer.
793
00:39:49,400 --> 00:39:51,460
There have been
studied overseas
794
00:39:51,560 --> 00:39:54,140
in places like Taiwan
and Greenland
795
00:39:54,240 --> 00:39:56,580
that have linked PFAS exposure
796
00:39:56,680 --> 00:39:59,580
to elevated rates
of breast cancer.
797
00:39:59,680 --> 00:40:01,700
And what experts have told me
798
00:40:01,800 --> 00:40:04,460
is that in a community
the size of Wreck Bay
799
00:40:04,560 --> 00:40:07,100
you'd expect to be seeing
about one breast cancer case
800
00:40:07,200 --> 00:40:08,820
every five years,
801
00:40:08,920 --> 00:40:11,420
or three in 15 years.
802
00:40:11,520 --> 00:40:13,380
So it's been surprising
803
00:40:13,480 --> 00:40:16,220
to have been given the names
of 10 women in that village
804
00:40:16,320 --> 00:40:18,020
with breast cancer.
805
00:40:22,800 --> 00:40:25,700
Peggy, she was my granddaughter.
806
00:40:25,800 --> 00:40:27,500
She was a strong woman.
807
00:40:27,600 --> 00:40:30,740
She was gonna be the next
matriarch of the family.
808
00:40:30,840 --> 00:40:33,180
They used to think
she was Naomi Campbell
809
00:40:33,280 --> 00:40:34,980
when she'd walk around
the streets
810
00:40:35,080 --> 00:40:36,860
and people would turn
their heads every time.
811
00:40:36,960 --> 00:40:41,080
Peg was beautiful too.
Beautiful spirit.
812
00:40:43,320 --> 00:40:45,980
I've never, ever
heard her complain.
813
00:40:46,080 --> 00:40:48,780
'Cause she always wanted to be
strong for everyone, you know?
814
00:40:53,480 --> 00:40:55,480
Oh.
815
00:40:57,080 --> 00:40:59,480
Oh, Peg.
816
00:41:04,080 --> 00:41:06,080
I have my moments.
817
00:41:10,640 --> 00:41:12,140
She calls out to me at times,
818
00:41:12,240 --> 00:41:13,700
and I'm here by myself
819
00:41:13,800 --> 00:41:18,900
and I'll hear this, "Nan!"
if I'm a bit weepy, you know?
820
00:41:19,000 --> 00:41:21,660
She snaps me out of it.
821
00:41:21,760 --> 00:41:23,780
Lets me know she's alright.
822
00:41:26,440 --> 00:41:29,220
We know we'll meet up again
one day.
823
00:41:33,120 --> 00:41:35,300
Did she wonder, sort of,
her illnesses,
824
00:41:35,400 --> 00:41:37,180
about the PFAS and...
825
00:41:37,280 --> 00:41:40,860
Yeah, well, PFAS
could have played a part in...
826
00:41:40,960 --> 00:41:43,080
...in Peggy's life.
827
00:41:44,080 --> 00:41:45,980
Peggy, since she was a kid,
loved oysters,
828
00:41:46,080 --> 00:41:48,420
so she'd been eating oysters
from this area
829
00:41:48,520 --> 00:41:50,520
for a long time.
830
00:41:51,040 --> 00:41:53,340
So every little spot
around here,
831
00:41:53,440 --> 00:41:55,580
Peggy knew where oysters were.
832
00:41:55,680 --> 00:41:59,380
And oysters are a...
what you call a filter feeder,
833
00:41:59,480 --> 00:42:02,580
so they feed out
of all the food nutrients
834
00:42:02,680 --> 00:42:04,680
in the water.
835
00:42:05,920 --> 00:42:07,500
And she loved the fish.
836
00:42:17,320 --> 00:42:20,260
we do know, for sure,
837
00:42:20,360 --> 00:42:23,940
human studies,
not just animal studies,
838
00:42:24,040 --> 00:42:28,320
that PFOS is renowned
for raising cholesterol.
839
00:42:29,760 --> 00:42:33,180
If it's not picked up, we can
expect more arterial disease,
840
00:42:33,280 --> 00:42:35,680
more kidney disease,
strokes, heart attacks.
841
00:42:37,680 --> 00:42:39,780
The other thing that PFOS
is famous for
842
00:42:39,880 --> 00:42:42,260
is its ability
to immunosuppress,
843
00:42:42,360 --> 00:42:44,300
to reduce people's immunity.
844
00:42:44,400 --> 00:42:48,260
So immunosuppression
in the '70s, '80s and '90s
845
00:42:48,360 --> 00:42:50,620
could easily be causing cancers
846
00:42:50,720 --> 00:42:54,220
in the 2000s and the teens
and the '20s.
847
00:42:54,320 --> 00:42:57,700
So there's theoretical reasons
why there would be a link
848
00:42:57,800 --> 00:43:00,240
between this contamination
and...
849
00:43:01,320 --> 00:43:04,200
...and what I believe to be
a cancer cluster.
850
00:43:07,320 --> 00:43:09,820
There isn't an ailment
that they haven't tied to this.
851
00:43:09,920 --> 00:43:11,620
I mean, childhood development,
852
00:43:11,720 --> 00:43:13,860
immune system response,
853
00:43:13,960 --> 00:43:15,220
cancers,
854
00:43:15,320 --> 00:43:16,900
thyroid disease.
855
00:43:17,000 --> 00:43:18,540
And this was all similar
856
00:43:18,640 --> 00:43:20,300
to what they saw
back in the '70s
857
00:43:20,400 --> 00:43:21,820
with those animal studies.
858
00:43:21,920 --> 00:43:25,500
They saw these same effects
in animals in the '70s
859
00:43:25,600 --> 00:43:27,540
this was, um...
that we're seeing now in people.
860
00:43:33,720 --> 00:43:35,980
"The shocking news
that a proprietary chemical
861
00:43:36,080 --> 00:43:40,500
"made exclusively by 3M
is toxic and present
862
00:43:40,600 --> 00:43:42,700
"in the blood
of the general population
863
00:43:42,800 --> 00:43:47,140
"attracts the attention of 3M's
highest-ranking executives,
864
00:43:47,240 --> 00:43:50,140
"including CEO
and chairman of the board
865
00:43:50,240 --> 00:43:52,240
"Mr Lewis Lehr.
866
00:43:53,640 --> 00:43:56,420
"A May 26, 1978 memo confirms
867
00:43:56,520 --> 00:44:00,180
"arrangements for a meeting
at 9:30am, July 12
868
00:44:00,280 --> 00:44:02,220
"in Mr Lehr's conference room.
869
00:44:02,320 --> 00:44:04,640
"The subject -
fluorochemicals in blood."
870
00:44:05,920 --> 00:44:07,580
Well, of course
he wants to know,
871
00:44:07,680 --> 00:44:11,780
because his product is poisoning
the general public
872
00:44:11,880 --> 00:44:13,300
and the monkeys had died,
873
00:44:13,400 --> 00:44:16,240
so I'm sure he wants to do
the right thing.
874
00:44:18,200 --> 00:44:21,260
So they knew they had
an obligation to report.
875
00:44:21,360 --> 00:44:24,380
So then the next question is,
"Are we required to report?
876
00:44:24,480 --> 00:44:26,980
"Does this rise to the level
that we're supposed to report?"
877
00:44:27,080 --> 00:44:29,620
"3M consulted
two outside scientists,
878
00:44:29,720 --> 00:44:33,900
"Dr Jerry R. Mitchell
and Dr Harold C. Hodge."
879
00:44:34,000 --> 00:44:35,860
They referred to him
internally,
880
00:44:35,960 --> 00:44:38,100
in one of their internal
documents as, quote,
881
00:44:38,200 --> 00:44:39,620
"Dr Harold C. Hodge,
882
00:44:39,720 --> 00:44:41,420
"a world-renowned expert
883
00:44:41,520 --> 00:44:43,420
"in fluorine and fluoride
metabolism."
884
00:44:43,520 --> 00:44:45,340
So he's not a nobody.
885
00:44:45,440 --> 00:44:47,440
Good morning, Mr Gerber.
How are you?
886
00:44:47,880 --> 00:44:49,500
Good morning.
I'm well, thank you.
887
00:44:49,600 --> 00:44:53,320
Um, have you ever had
your deposition taken before?
888
00:44:54,360 --> 00:44:55,500
No, I have not.
889
00:44:55,600 --> 00:44:56,500
OK.
890
00:44:56,600 --> 00:44:57,780
Probably what's most important
891
00:44:57,880 --> 00:44:59,940
about Mr Gerber's deposition
892
00:45:00,040 --> 00:45:03,460
is that he wasn't there
as Mr Gerber.
893
00:45:03,560 --> 00:45:05,820
He was there as what's called
a corporate representative.
894
00:45:05,920 --> 00:45:07,900
So, in law, you can say,
895
00:45:08,000 --> 00:45:09,300
"Hey, dear company X,
896
00:45:09,400 --> 00:45:10,940
"I want to know
what the company knows
897
00:45:11,040 --> 00:45:12,620
"about X, Y and Z."
898
00:45:12,720 --> 00:45:14,340
And the company
is then obligated
899
00:45:14,440 --> 00:45:17,580
to get someone prepared
and knowledgeable on a topic
900
00:45:17,680 --> 00:45:19,220
and then let you interview them.
901
00:45:19,320 --> 00:45:22,340
And that's who they put up.
They put up Mr Gerber.
902
00:45:22,440 --> 00:45:24,220
"It should be determined
903
00:45:24,320 --> 00:45:27,300
"if FC-807 or its metabolites
904
00:45:27,400 --> 00:45:29,260
"are present in man."
905
00:45:29,360 --> 00:45:31,860
Does that indicate to you
that, at this point in time,
906
00:45:31,960 --> 00:45:34,460
3M did not disclose to Dr Hodge
907
00:45:34,560 --> 00:45:36,700
that they in fact
had information
908
00:45:36,800 --> 00:45:40,980
indicating that PFOS
was "present in man"?
909
00:45:41,080 --> 00:45:43,060
I...I guess I can't speak
to the full scope
910
00:45:43,160 --> 00:45:45,700
of what 3M disclosed
to Dr Hodge.
911
00:45:45,800 --> 00:45:47,800
Um...
912
00:45:48,520 --> 00:45:51,140
But, yeah, I...I think that
that's a reasonable reading
913
00:45:51,240 --> 00:45:52,900
of that sentence.
914
00:45:53,000 --> 00:45:54,900
And let's read
this last sentence.
915
00:45:55,000 --> 00:45:57,060
Dr Hodge wanted the people
who attended this meeting
916
00:45:57,160 --> 00:46:01,060
to know that, "If the levels
are high and widespread
917
00:46:01,160 --> 00:46:02,620
"and the half-life is long,
918
00:46:02,720 --> 00:46:05,680
"we could have
a serious problem."
919
00:46:06,920 --> 00:46:10,100
If we could just, um,
put the draft meeting minutes
920
00:46:10,200 --> 00:46:12,260
next to the final
meeting minutes.
921
00:46:12,360 --> 00:46:14,740
So Dr Hodge
wanted the company to know
922
00:46:14,840 --> 00:46:17,380
and wanted the official
meeting minutes to reflect
923
00:46:17,480 --> 00:46:19,420
that if this chemical's
in everyone's blood,
924
00:46:19,520 --> 00:46:21,340
and if the half-life is long,
925
00:46:21,440 --> 00:46:23,420
you have a "serious problem".
926
00:46:23,520 --> 00:46:27,020
And that was removed from
the official meeting minutes,
927
00:46:27,120 --> 00:46:28,620
wasn't it, sir?
928
00:46:28,720 --> 00:46:30,380
I...I don't see
that final statement
929
00:46:30,480 --> 00:46:33,780
in... in the second copy
of the meeting minutes.
930
00:46:39,560 --> 00:46:43,660
Nobody would be
that unscrupulous
931
00:46:43,760 --> 00:46:45,620
to literally delete something.
932
00:46:45,720 --> 00:46:48,180
It's like...
it's like Richard Nixon
933
00:46:48,280 --> 00:46:50,500
and the, uh...
you know, the missing minutes
934
00:46:50,600 --> 00:46:51,980
from the tape.
935
00:46:52,080 --> 00:46:54,260
"The day after the meeting
with Dr Hodge,
936
00:46:54,360 --> 00:46:58,420
"the same nine 3M employees
travel on a 3M company plane
937
00:46:58,520 --> 00:46:59,780
"to Houston, Texas,
938
00:46:59,880 --> 00:47:02,380
"to meet with
another external expert,
939
00:47:02,480 --> 00:47:04,480
"this time,
Dr Jerry R. Mitchell."
940
00:47:07,000 --> 00:47:10,660
One of the explicit things
that must always be reported
941
00:47:10,760 --> 00:47:13,700
is cancer, fair?
942
00:47:13,800 --> 00:47:15,420
Yeah, there's...
there's a... a strong bias
943
00:47:15,520 --> 00:47:17,020
towards reporting
in those cases.
944
00:47:17,120 --> 00:47:18,100
Got it.
945
00:47:18,200 --> 00:47:19,860
Do me a favour -
turn to page three.
946
00:47:19,960 --> 00:47:25,380
The third comment he provides to
these individuals at 3M.
947
00:47:25,480 --> 00:47:27,700
"Some of
the symptoms in animals
948
00:47:27,800 --> 00:47:29,340
"from these 90-day studies
949
00:47:29,440 --> 00:47:32,320
"are similar to those observed
with carcinogens."
950
00:47:34,080 --> 00:47:36,380
Now look at the final,
and I want you to tell me
951
00:47:36,480 --> 00:47:39,120
if that has been removed
from the final meeting minutes.
952
00:47:40,560 --> 00:47:42,660
I do see at the bottom
of page two
953
00:47:42,760 --> 00:47:44,540
and that top of page three
954
00:47:44,640 --> 00:47:46,220
there are numbers 1 and 2,
955
00:47:46,320 --> 00:47:48,320
there's not a number 3.
956
00:47:49,800 --> 00:47:51,500
"The statement by Dr Mitchell
957
00:47:51,600 --> 00:47:55,320
"is removed from the final
draft of the meeting minutes."
958
00:47:58,160 --> 00:47:59,700
This world-renowned expert,
959
00:47:59,800 --> 00:48:01,380
his conclusion
960
00:48:01,480 --> 00:48:05,500
was completely deleted
from the final draft.
961
00:48:05,600 --> 00:48:07,740
It's really like, "Holy shit!"
kind of.
962
00:48:07,840 --> 00:48:09,340
It was our "Holy shit!" moment.
963
00:48:09,440 --> 00:48:12,020
- Yeah.
- Like, "People do this?!"
964
00:48:12,120 --> 00:48:15,740
Arguably the most important
sentence of the entire thing.
965
00:48:15,840 --> 00:48:19,500
The CEO knew. You know,
that's good enough for me.
966
00:48:19,600 --> 00:48:23,100
This wasn't some obscure
nerd in a corner.
967
00:48:23,200 --> 00:48:25,380
This was the head of the company
968
00:48:25,480 --> 00:48:27,480
was aware of this information.
969
00:48:28,360 --> 00:48:30,360
Total and complete criminal...
970
00:48:32,000 --> 00:48:34,000
...behaviour.
971
00:48:38,440 --> 00:48:41,060
Good morning, Mr Bacon.
How are you this morning?
972
00:48:41,160 --> 00:48:42,620
Not bad, and you?
973
00:48:42,720 --> 00:48:44,100
I'm pretty good.
974
00:48:44,200 --> 00:48:45,540
I'm here to take
your deposition.
975
00:48:45,640 --> 00:48:47,140
My name's Gary Douglas
976
00:48:47,240 --> 00:48:48,700
from the law firm
Douglas and London.
977
00:48:48,800 --> 00:48:50,300
So, and if I understand
correctly,
978
00:48:50,400 --> 00:48:54,780
you worked for 3M
from 1968 to 2008,
979
00:48:54,880 --> 00:48:55,780
is that correct?
980
00:48:55,880 --> 00:48:56,780
Yes.
981
00:48:56,880 --> 00:48:58,500
Dr Griffith shared with you
982
00:48:58,600 --> 00:49:00,260
that Taves and Guy
had found PFOS...
983
00:49:00,360 --> 00:49:01,940
...had been found in the blood
984
00:49:02,040 --> 00:49:04,740
of non-occupationally exposed
persons in the community.
985
00:49:04,840 --> 00:49:06,180
He shared that with you
986
00:49:06,280 --> 00:49:09,100
at this coffee meeting
around the water cooler.
987
00:49:09,200 --> 00:49:11,420
That's how you first
heard about it, right?
988
00:49:11,520 --> 00:49:13,700
That's the way I remember it, right.
989
00:49:13,800 --> 00:49:15,580
We're sort of learning this
in real time
990
00:49:15,680 --> 00:49:18,180
as we're taking his deposition
991
00:49:18,280 --> 00:49:20,140
because we had
no internal documents
992
00:49:20,240 --> 00:49:22,100
reflecting these
water cooler talks,
993
00:49:22,200 --> 00:49:24,060
and I was thinking to myself,
994
00:49:24,160 --> 00:49:26,020
"Should I ask him when?"
995
00:49:26,120 --> 00:49:29,460
Do you remember when you had
this discussion "over coffee"?
996
00:49:29,560 --> 00:49:30,860
Let's put it that way.
997
00:49:30,960 --> 00:49:32,660
I was literally thinking,
998
00:49:32,760 --> 00:49:34,900
"Well, it had to have been
much later on."
999
00:49:35,000 --> 00:49:37,560
And he leans forward
into the camera and says...
1000
00:49:38,680 --> 00:49:42,900
Frank Griffith died
in about 1980-something.
1001
00:49:43,000 --> 00:49:44,740
I would assume
it was before then.
1002
00:49:44,840 --> 00:49:45,940
It was kind of shocking
1003
00:49:46,040 --> 00:49:47,980
in that how he was so candid
about it,
1004
00:49:48,080 --> 00:49:50,500
and his guard was down,
you know?
1005
00:49:50,600 --> 00:49:53,940
And I'm sure the lawyers
who were not on camera
1006
00:49:54,040 --> 00:49:55,500
were probably going like,
1007
00:49:55,600 --> 00:49:58,260
"Oh, my God,
what did he just say?"
1008
00:49:58,360 --> 00:50:00,740
'Cause the company line
has always been
1009
00:50:00,840 --> 00:50:03,540
they did not know until 1998.
1010
00:50:03,640 --> 00:50:04,940
I think I put my microphone...
1011
00:50:05,040 --> 00:50:06,620
- ...on mute.
- Mute.
1012
00:50:06,720 --> 00:50:10,780
And I looked at Rebecca.
I said, "Did I just hear that?"
1013
00:50:10,880 --> 00:50:12,620
Like, "Are you kidding?"
1014
00:50:12,720 --> 00:50:15,740
They were talking about this
so casually
1015
00:50:15,840 --> 00:50:19,020
around the water cooler,
over coffee, for decades.
1016
00:50:19,120 --> 00:50:20,940
And I think part of the reason
it was so shocking
1017
00:50:21,040 --> 00:50:22,860
is that deposition,
I think, came after
1018
00:50:22,960 --> 00:50:24,700
a number of other depositions
1019
00:50:24,800 --> 00:50:26,660
where we had heard them
basically saying that
1020
00:50:26,760 --> 00:50:29,540
that information, they
learned that right in 1998,
1021
00:50:29,640 --> 00:50:31,420
maybe late 1997.
1022
00:50:31,520 --> 00:50:34,540
So we were totally expecting
him to take the company line,
1023
00:50:34,640 --> 00:50:37,260
indicate the same time line,
and so when he said that,
1024
00:50:37,360 --> 00:50:38,860
I think it really was
kind of like,
1025
00:50:38,960 --> 00:50:40,960
"Did I hear that right?"
1026
00:50:42,480 --> 00:50:43,660
True or false?
1027
00:50:43,760 --> 00:50:48,060
By 1980, 3M was in possession
of information
1028
00:50:48,160 --> 00:50:51,540
that PFOS
was a bioaccumulative compound
1029
00:50:51,640 --> 00:50:53,100
that was widespread
1030
00:50:53,200 --> 00:50:55,940
in the blood
of the general population,
1031
00:50:56,040 --> 00:50:59,580
and that it killed
rhesus monkeys
1032
00:50:59,680 --> 00:51:01,660
that were exposed to it.
1033
00:51:01,760 --> 00:51:04,900
3M had all that information,
decided not to disclose it
1034
00:51:05,000 --> 00:51:07,560
at that time in 1980, correct?
1035
00:51:08,760 --> 00:51:10,420
Yes, I...I've reviewed documents
1036
00:51:10,520 --> 00:51:13,700
that, uh, you know, after those
studies were conducted,
1037
00:51:13,800 --> 00:51:15,580
uh, that information
was reviewed
1038
00:51:15,680 --> 00:51:18,020
against EPA's
reporting criteria,
1039
00:51:18,120 --> 00:51:20,540
and, uh, the company
made the determination
1040
00:51:20,640 --> 00:51:23,140
that the information was not
substantial risk information
1041
00:51:23,240 --> 00:51:25,240
under TSCA 8(e).
1042
00:51:26,120 --> 00:51:29,460
3M knew that PFOS
was persistent,
1043
00:51:29,560 --> 00:51:31,940
bioaccumulative and toxic.
1044
00:51:32,040 --> 00:51:34,940
3M knew that it was coming
from their products.
1045
00:51:35,040 --> 00:51:36,740
They knew that they were
the only company
1046
00:51:36,840 --> 00:51:38,300
that made these chemicals.
1047
00:51:38,400 --> 00:51:41,100
They knew they had an obligation
under federal law
1048
00:51:41,200 --> 00:51:42,660
to report such information,
1049
00:51:42,760 --> 00:51:45,180
and yet they told nobody
anything.
1050
00:51:45,280 --> 00:51:47,320
They violated federal law.
1051
00:52:17,280 --> 00:52:19,340
While this is taking place,
1052
00:52:19,440 --> 00:52:22,980
they are increasing production
of PFOS,
1053
00:52:23,080 --> 00:52:25,820
or POSF, which is the compound
1054
00:52:25,920 --> 00:52:27,980
that converts to PFOS
in the environment
1055
00:52:28,080 --> 00:52:29,780
and in human blood.
1056
00:52:29,880 --> 00:52:34,580
In the total grand history
of 3M's production of PFOS,
1057
00:52:34,680 --> 00:52:36,660
something like 90% of it
1058
00:52:36,760 --> 00:52:39,460
was produced after they learned
it was in everyone's blood,
1059
00:52:39,560 --> 00:52:41,180
after they learned it was toxic,
1060
00:52:41,280 --> 00:52:44,400
after they learned it was...
it killed these monkeys.
1061
00:52:48,520 --> 00:52:51,260
There were companies and people
1062
00:52:51,360 --> 00:52:52,620
that knew this was happening,
1063
00:52:52,720 --> 00:52:56,140
that knew the nature
and extent of this threat,
1064
00:52:56,240 --> 00:52:57,740
but did it anyway,
1065
00:52:57,840 --> 00:53:00,500
profited enormously for decades.
1066
00:53:00,600 --> 00:53:02,300
And in the meantime,
1067
00:53:02,400 --> 00:53:04,440
the entire world
has been exposed.
1068
00:53:15,160 --> 00:53:17,020
Just to the right here,
you'll see
1069
00:53:17,120 --> 00:53:20,600
this is the signs that the
Department of Defence put up.
1070
00:53:22,280 --> 00:53:26,180
"Mary Creek is currently
being tested for PFAS.
1071
00:53:26,280 --> 00:53:30,380
"As a precaution, Mary Creek
is closed to human use."
1072
00:53:30,480 --> 00:53:32,740
Well, this is one of
our sacred sites.
1073
00:53:32,840 --> 00:53:35,420
This is of great importance.
1074
00:53:35,520 --> 00:53:37,460
As a kid,
oh, we used to come up here
1075
00:53:37,560 --> 00:53:39,100
nearly every weekend,
1076
00:53:39,200 --> 00:53:41,180
swimming in the...
under the falls
1077
00:53:41,280 --> 00:53:43,380
and bathing in the ponds.
1078
00:53:43,480 --> 00:53:45,460
It's devastating.
1079
00:53:45,560 --> 00:53:47,460
It's heart-wrenching.
1080
00:53:54,760 --> 00:53:56,620
Tsss!
1081
00:53:59,760 --> 00:54:01,500
We sing that song
1082
00:54:01,600 --> 00:54:04,620
'cause that keeps us
culturally connected
1083
00:54:04,720 --> 00:54:07,140
to the land and to the water,
1084
00:54:07,240 --> 00:54:10,080
to the animals, to the sounds.
1085
00:54:11,440 --> 00:54:13,740
And that's how we call out
to our old people,
1086
00:54:13,840 --> 00:54:14,940
to our ancestors.
1087
00:54:18,560 --> 00:54:20,500
Our fish
have been poisoned.
1088
00:54:20,600 --> 00:54:22,920
Our land's been poisoned
and sick.
1089
00:54:25,680 --> 00:54:27,220
If she's sick,
we're sick.
1090
00:54:27,320 --> 00:54:29,780
If she's sad, we're sad.
1091
00:54:29,880 --> 00:54:31,860
If she's hurting, we're hurting.
1092
00:54:42,280 --> 00:54:43,820
This one here,
1093
00:54:43,920 --> 00:54:46,320
this is a native sarsaparilla.
1094
00:54:47,440 --> 00:54:48,980
And for us here in this area,
1095
00:54:49,080 --> 00:54:51,180
this is probably
the most important medicine
1096
00:54:51,280 --> 00:54:52,580
that we have here.
1097
00:54:52,680 --> 00:54:54,840
All the stuff that's coming
through the ground here...
1098
00:54:56,080 --> 00:54:59,220
...is directly connected to all
these special plants for us.
1099
00:55:00,720 --> 00:55:02,980
This medicine, the knowledge,
1100
00:55:03,080 --> 00:55:05,940
this is the sort of stuff
that's irreplaceable.
1101
00:55:06,040 --> 00:55:08,040
What do we do?
1102
00:55:09,560 --> 00:55:11,620
When I first found out
that it was contaminated,
1103
00:55:11,720 --> 00:55:13,720
like, I felt betrayed.
1104
00:55:15,240 --> 00:55:18,700
Especially when I found out
where it came from, you know?
1105
00:55:18,800 --> 00:55:20,500
It had come from
the Defence Force,
1106
00:55:20,600 --> 00:55:22,800
who are here to serve
and protect our people.
1107
00:55:27,200 --> 00:55:29,460
Good afternoon,
ladies and gentlemen.
1108
00:55:29,560 --> 00:55:32,700
I'm the Deputy Secretary
in the Department of Defence.
1109
00:55:32,800 --> 00:55:34,060
We've had doctors
1110
00:55:34,160 --> 00:55:35,540
travel from Darwin,
1111
00:55:35,640 --> 00:55:36,940
Alice Springs and that,
1112
00:55:37,040 --> 00:55:38,020
who work for
1113
00:55:38,120 --> 00:55:39,140
the Aboriginal health.
1114
00:55:39,240 --> 00:55:41,240
They've come here to Wreck Bay.
1115
00:55:41,840 --> 00:55:44,220
They've never seen
so much sickness
1116
00:55:44,320 --> 00:55:47,200
in one little tiny little place.
1117
00:56:01,840 --> 00:56:02,940
Youse haven't been consistent
1118
00:56:03,040 --> 00:56:04,420
from the start.
1119
00:56:04,520 --> 00:56:05,940
And youse expect our community
1120
00:56:06,040 --> 00:56:08,260
to believe your stories
that you come...
1121
00:56:08,360 --> 00:56:10,620
You come here with your
PowerPoint presentations
1122
00:56:10,720 --> 00:56:12,340
every time
you come and talk to us.
1123
00:56:12,440 --> 00:56:14,340
To be honest with you, I'm done
with this... this seminar
1124
00:56:14,440 --> 00:56:15,700
'cause we keep getting crap.
1125
00:56:15,800 --> 00:56:17,220
- Come on, I'm going.
- Just wait.
1126
00:56:17,320 --> 00:56:20,380
I'm out of here. I've got better
things to do than listen to you.
1127
00:56:20,480 --> 00:56:22,140
Do you know what
a sacred site is?
1128
00:56:22,240 --> 00:56:23,300
Deadset.
1129
00:56:23,400 --> 00:56:26,400
You're trained
to fill our heads with shit.
1130
00:56:28,240 --> 00:56:30,580
Each time the Department
of Defence come down,
1131
00:56:30,680 --> 00:56:32,860
they just kept going over
the same old thing,
1132
00:56:32,960 --> 00:56:34,580
same old thing all the time.
1133
00:56:34,680 --> 00:56:36,540
Just seemed like
they were trying to
1134
00:56:36,640 --> 00:56:38,100
brush something
under the carpet.
1135
00:56:38,200 --> 00:56:41,700
I just had a sense of feeling
that they were up to something.
1136
00:56:41,800 --> 00:56:44,020
And I just got sick of it.
1137
00:56:44,120 --> 00:56:46,460
There are now
thousands of families
1138
00:56:46,560 --> 00:56:48,220
in communities
around the country
1139
00:56:48,320 --> 00:56:50,380
affected by an unfolding scandal
1140
00:56:50,480 --> 00:56:54,660
over chemical contamination
from Defence Force bases.
1141
00:56:54,760 --> 00:56:57,340
Nationwide, 28 Defence sites
1142
00:56:57,440 --> 00:56:59,060
are caught up in the crisis.
1143
00:56:59,160 --> 00:57:01,260
The Australian Government,
the Federal Government,
1144
00:57:01,360 --> 00:57:03,060
they knew they had
a big problem
1145
00:57:03,160 --> 00:57:05,140
by 2000-2002,
1146
00:57:05,240 --> 00:57:06,420
no question about it.
1147
00:57:06,520 --> 00:57:07,700
Our government knows
1148
00:57:07,800 --> 00:57:09,700
that our children are being
exposed to chemicals
1149
00:57:09,800 --> 00:57:12,020
and ongoing poisoning
and they're doing nothing.
1150
00:57:12,120 --> 00:57:14,180
There was
this huge period of time
1151
00:57:14,280 --> 00:57:17,500
when people could have
made decisions
1152
00:57:17,600 --> 00:57:19,660
that protected them
and their children,
1153
00:57:19,760 --> 00:57:21,220
but that didn't happen
1154
00:57:21,320 --> 00:57:23,580
because government
left them ignorant.
1155
00:57:23,680 --> 00:57:25,980
In 2015,
Williamtown residents
1156
00:57:26,080 --> 00:57:29,100
were told that PFAS chemicals
from firefighting foam
1157
00:57:29,200 --> 00:57:32,100
had leached into groundwater
and onto their properties,
1158
00:57:32,200 --> 00:57:33,500
raising health fears
1159
00:57:33,600 --> 00:57:35,780
and rendering their homes
worthless.
1160
00:57:35,880 --> 00:57:38,020
We've had to sue
our own government
1161
00:57:38,120 --> 00:57:39,820
to get that justice
that we deserve.
1162
00:57:39,920 --> 00:57:41,040
The Defence Department
1163
00:57:41,040 --> 00:57:43,220
has already settled
claims by residents
1164
00:57:43,320 --> 00:57:45,220
from Williamtown in NSW,
1165
00:57:45,320 --> 00:57:46,300
Oakey in Queensland
1166
00:57:46,400 --> 00:57:47,300
and Katherine
1167
00:57:47,400 --> 00:57:48,540
in the Northern Territory,
1168
00:57:48,640 --> 00:57:50,760
paying millions in compensation.
1169
00:57:51,880 --> 00:57:53,180
I hear
all this other stuff
1170
00:57:53,280 --> 00:57:56,220
about these class actions
going on around Australia.
1171
00:57:56,320 --> 00:57:58,340
Why aren't we
forming our class action?
1172
00:57:58,440 --> 00:58:00,020
What's going on with
our class action, then?
1173
00:58:00,120 --> 00:58:03,420
We were up until late
looking up on the internet,
1174
00:58:03,520 --> 00:58:06,880
and then that's when we found
Shine Lawyers.
1175
00:58:14,880 --> 00:58:16,880
Hello.
1176
00:58:18,520 --> 00:58:20,520
Hey, Josh, pretty good.
1177
00:58:34,800 --> 00:58:36,800
Yep.
1178
00:58:39,680 --> 00:58:41,940
That's great news.
That's what we want.
1179
00:58:42,040 --> 00:58:44,100
Got a lot of people
down this way
1180
00:58:44,200 --> 00:58:46,960
that are wanting some justice.
1181
00:58:51,880 --> 00:58:53,940
In a David and Goliath battle,
1182
00:58:54,040 --> 00:58:56,900
the Wreck Bay community has
teamed up with Shine Lawyers
1183
00:58:57,000 --> 00:59:00,340
to take class action against
the Commonwealth of Australia.
1184
00:59:00,440 --> 00:59:01,860
The traditional owners
1185
00:59:01,960 --> 00:59:03,700
have just lodged a class action
1186
00:59:03,800 --> 00:59:08,180
for loss of culture due to
the contamination of their land.
1187
00:59:08,280 --> 00:59:11,060
In our current
Western justice system,
1188
00:59:11,160 --> 00:59:13,500
we're trying to figure out
the loss of culture.
1189
00:59:13,600 --> 00:59:15,060
What is that worth?
1190
00:59:15,160 --> 00:59:18,580
Um, and that is something
which is just unprecedented
1191
00:59:18,680 --> 00:59:20,100
in our current court system
1192
00:59:20,200 --> 00:59:22,100
to try to figure out
a way to do that.
1193
00:59:22,200 --> 00:59:25,380
The Commonwealth
are gonna make us prove that
1194
00:59:25,480 --> 00:59:28,300
there is culture there,
that they actually have culture.
1195
00:59:28,400 --> 00:59:31,140
Which seems ridiculous that
we have to show that, but we do.
1196
00:59:31,240 --> 00:59:33,860
Then we have to show how that
culture's actually been lost,
1197
00:59:33,960 --> 00:59:36,620
how they can't pass it down
for future generations,
1198
00:59:36,720 --> 00:59:39,580
because that's our case.
1199
00:59:39,680 --> 00:59:42,100
Legally, it is
a very challenging case.
1200
00:59:42,200 --> 00:59:43,740
There's no two ways about it.
1201
00:59:43,840 --> 00:59:47,360
It's very difficult. It's
unprecedented in so many ways.
1202
00:59:52,760 --> 00:59:54,340
-Hey, buddy. How are ya?
- James. Good.
1203
00:59:54,440 --> 00:59:55,820
- Good to see you, mate.
- Yeah, likewise.
1204
00:59:55,920 --> 00:59:57,620
Come inside. I'll introduce you
to Mum and Dad.
1205
00:59:57,720 --> 00:59:59,720
Excellent.
1206
01:00:01,160 --> 01:00:04,540
Do you, um... did you grow up
eating bush foods and...
1207
01:00:04,640 --> 01:00:05,700
Yes.
1208
01:00:05,800 --> 01:00:07,340
...and going to the bush
for bush medicine?
1209
01:00:07,440 --> 01:00:08,820
- Yes, we did.
- Yeah.
1210
01:00:08,920 --> 01:00:10,740
Like, if we had boils and that,
1211
01:00:10,840 --> 01:00:12,820
we used the ribgrass
for the boils
1212
01:00:12,920 --> 01:00:15,420
and inkweed for our skin
1213
01:00:15,520 --> 01:00:17,340
and bathed in the inkweed.
1214
01:00:17,440 --> 01:00:21,700
How does it make you feel
when part of your culture now,
1215
01:00:21,800 --> 01:00:24,080
it can't be passed on
in some ways?
1216
01:00:25,080 --> 01:00:26,300
Yeah.
1217
01:00:26,400 --> 01:00:28,660
In many ways, it can't.
1218
01:00:32,000 --> 01:00:33,820
We've lost a lot.
1219
01:00:40,960 --> 01:00:43,140
The effect of
the contamination on them,
1220
01:00:43,240 --> 01:00:47,180
it's been, um, really sad
to hear story after story
1221
01:00:47,280 --> 01:00:50,900
of people that have lived
in this area for generations.
1222
01:00:51,000 --> 01:00:53,000
They're heartbroken.
1223
01:00:54,680 --> 01:00:57,020
Quite often
in First Nations matters,
1224
01:00:57,120 --> 01:00:58,780
and Wreck Bay is no exception,
1225
01:00:58,880 --> 01:01:01,140
you have these preservation
of evidence hearings
1226
01:01:01,240 --> 01:01:02,460
before trial
1227
01:01:02,560 --> 01:01:04,460
because trial could be
two, three years away.
1228
01:01:04,560 --> 01:01:06,780
And, you know, sad to say,
1229
01:01:06,880 --> 01:01:08,500
but there'll be many people
in Wreck Bay
1230
01:01:08,600 --> 01:01:09,980
that won't make
two to three years.
1231
01:01:13,360 --> 01:01:15,620
Vida's an elder
in the community
1232
01:01:15,720 --> 01:01:18,460
and her family have
been there forever,
1233
01:01:18,560 --> 01:01:20,220
and Vida is very unwell.
1234
01:01:20,320 --> 01:01:23,520
She's desperate to tell
her story to the Commonwealth.
1235
01:01:26,800 --> 01:01:28,020
- Hello.
-Hello.
1236
01:01:28,120 --> 01:01:29,500
This is William.
1237
01:01:29,600 --> 01:01:31,300
- Pleasure to meet you, William.
-The barrister.
1238
01:01:31,400 --> 01:01:33,300
Lovely to meet you.
1239
01:01:33,400 --> 01:01:36,020
I'm the senior barrister
on the case,
1240
01:01:36,120 --> 01:01:39,820
so I'm gonna be the one that's
sitting in the court tomorrow.
1241
01:01:39,920 --> 01:01:42,260
Tell me what this area is.
1242
01:01:42,360 --> 01:01:45,780
That's the creek
at Summercloud just down here.
1243
01:01:45,880 --> 01:01:49,140
We used to swim there
from daylight till dark.
1244
01:01:49,240 --> 01:01:51,380
All that foam
that used to come down,
1245
01:01:51,480 --> 01:01:53,700
we didn't understand
what it was all about, did we?
1246
01:01:53,800 --> 01:01:55,980
We used to think
it was wonderful, you know,
1247
01:01:56,080 --> 01:01:58,980
jumping up and down
splashing the water and...
1248
01:01:59,080 --> 01:02:01,280
-Making foam.
- ...all this foam.
1249
01:02:04,160 --> 01:02:07,140
It's gonna be like
a proper court hearing
1250
01:02:07,240 --> 01:02:09,780
as they have it in our system.
1251
01:02:09,880 --> 01:02:11,380
The judge will be wearing robes.
1252
01:02:11,480 --> 01:02:13,900
- He's insisted upon that.
- Yeah.
1253
01:02:14,000 --> 01:02:16,700
- So I'll be wearing robes too.
-Yeah, yeah.
1254
01:02:16,800 --> 01:02:18,380
As will my junior, um...
1255
01:02:18,480 --> 01:02:21,600
- And I have to wear robes too?
1256
01:02:22,800 --> 01:02:24,780
You'd probably look better
in them than I do.
1257
01:02:30,160 --> 01:02:33,020
I didn't know it was gonna
turn out like this, you know,
1258
01:02:33,120 --> 01:02:36,820
for me to be chosen to get up
and speak in a courtroom
1259
01:02:36,920 --> 01:02:40,260
in front of
the High Court judge.
1260
01:02:40,360 --> 01:02:43,940
I don't want to give that
impression of being a radical.
1261
01:02:44,040 --> 01:02:46,480
I just want to be me, you know?
1262
01:02:52,960 --> 01:02:54,260
Get up!
1263
01:02:55,920 --> 01:02:57,920
Being the clown.
1264
01:03:02,200 --> 01:03:03,980
Oh, thank you.
1265
01:03:04,080 --> 01:03:07,560
It's what I need -
a bit of a kick.
1266
01:03:13,200 --> 01:03:18,100
This ochre I'm putting on me,
the men's ochre, is red ochre.
1267
01:03:18,200 --> 01:03:20,240
And what it does...
1268
01:03:21,280 --> 01:03:23,460
...it gives me permission
1269
01:03:23,560 --> 01:03:26,420
to act on behalf
1270
01:03:26,520 --> 01:03:29,180
of all our clan,
1271
01:03:29,280 --> 01:03:32,160
my clan that come
from this country here.
1272
01:03:33,160 --> 01:03:35,520
I'm gonna put some ochre on Mum.
1273
01:03:40,720 --> 01:03:42,860
This ochre comes from country.
1274
01:03:42,960 --> 01:03:45,120
It connects us
to our old people.
1275
01:03:59,160 --> 01:04:00,900
I am proud of Mum.
1276
01:04:01,000 --> 01:04:03,660
Mum had said yesterday
that she's tired,
1277
01:04:03,760 --> 01:04:05,940
but she's happy
that she's getting to share
1278
01:04:06,040 --> 01:04:07,420
her side of the story
1279
01:04:07,520 --> 01:04:10,520
and, you know, a lot of people
have not made it this far.
1280
01:04:16,600 --> 01:04:19,420
I want to make sure
I've got your whole story.
1281
01:04:19,520 --> 01:04:24,020
This is your opportunity to tell
your story about everything
1282
01:04:24,120 --> 01:04:28,220
related to what you say
1283
01:04:28,320 --> 01:04:31,600
you suffered
through this contamination.
1284
01:04:43,560 --> 01:04:45,780
We're still two months
out for the trial to begin
1285
01:04:45,880 --> 01:04:47,880
and it's gonna be a long trial.
1286
01:04:49,200 --> 01:04:51,180
And right now, I think
we're still far enough out
1287
01:04:51,280 --> 01:04:53,780
that I think we're just all
sort of trying to remain calm
1288
01:04:53,880 --> 01:04:57,260
and not, you know, get too...
too overly stressed too soon
1289
01:04:57,360 --> 01:04:58,780
'cause it's a long
road ahead, right?
1290
01:04:58,880 --> 01:05:01,140
There's always
a lot of pressure,
1291
01:05:01,240 --> 01:05:03,260
but, you know, that's the job.
1292
01:05:03,360 --> 01:05:05,340
They didn't enlist me.
I volunteered.
1293
01:05:05,440 --> 01:05:08,300
So, yeah, there's
definitely pressure.
1294
01:05:11,520 --> 01:05:13,900
I can't think
of an environmental case
1295
01:05:14,000 --> 01:05:15,980
that is as pervasive as this one
1296
01:05:16,080 --> 01:05:19,040
and as urgent
for our own health and safety.
1297
01:05:20,040 --> 01:05:24,060
And this is where we can
level the playing field
1298
01:05:24,160 --> 01:05:26,820
between the average Joe
and giant corporations.
1299
01:05:26,920 --> 01:05:29,300
Like, in this case,
we're talking about 3M.
1300
01:05:29,400 --> 01:05:30,940
They have tremendous resources.
1301
01:05:31,040 --> 01:05:33,580
And this is a place,
a courtroom,
1302
01:05:33,680 --> 01:05:36,200
where we can level
the playing field.
1303
01:05:37,840 --> 01:05:40,300
They pled their ignorance.
They didn't reveal it.
1304
01:05:40,400 --> 01:05:45,020
But within the confines
in the... of private offices,
1305
01:05:45,120 --> 01:05:47,300
they spoke about it casually.
1306
01:05:47,400 --> 01:05:49,180
And I guess that was
the mentality back then,
1307
01:05:49,280 --> 01:05:51,980
that if you can get away
with it, you get away with it,
1308
01:05:52,080 --> 01:05:55,620
until, um, the 1990s.
1309
01:06:00,560 --> 01:06:01,980
The person at 3M
1310
01:06:02,080 --> 01:06:03,940
who was in charge
of monitoring worker blood -
1311
01:06:04,040 --> 01:06:05,540
because they were
worried about their workers
1312
01:06:05,640 --> 01:06:07,060
who would work with it,
1313
01:06:07,160 --> 01:06:09,100
those folks had higher
levels of it in their blood
1314
01:06:09,200 --> 01:06:10,740
because they were
working with it -
1315
01:06:10,840 --> 01:06:14,740
and he was sort of overwhelmed
with his job.
1316
01:06:14,840 --> 01:06:16,940
Um...
1317
01:06:17,040 --> 01:06:18,500
His name is Dale Bacon
1318
01:06:18,600 --> 01:06:21,860
and he'd been with the company
for about 40 years.
1319
01:06:21,960 --> 01:06:24,220
This is where it gets
Keystone Kop-ish.
1320
01:06:24,320 --> 01:06:27,020
He went and hired a company, um,
1321
01:06:27,120 --> 01:06:31,060
that was known
not for measuring contaminants
1322
01:06:31,160 --> 01:06:33,140
or compounds in human blood,
1323
01:06:33,240 --> 01:06:36,060
but for measuring, um,
1324
01:06:36,160 --> 01:06:38,940
compounds in racehorses.
1325
01:06:40,080 --> 01:06:41,020
We always colloquially
1326
01:06:41,120 --> 01:06:42,740
called him 'Horse Track Jack'.
1327
01:06:42,840 --> 01:06:45,260
He's famous for
catching doping horses,
1328
01:06:45,360 --> 01:06:47,580
you know, like,
horses that are being fed
1329
01:06:47,680 --> 01:06:49,340
medicines they're
not supposed to
1330
01:06:49,440 --> 01:06:51,440
to make them run faster
in horse races.
1331
01:06:53,800 --> 01:06:55,660
It would be funny
if it wasn't so serious.
1332
01:06:57,560 --> 01:07:00,060
So Dr Henion was helping 3M
1333
01:07:00,160 --> 01:07:04,420
in its program of testing its
workers for PFOS in their blood.
1334
01:07:04,520 --> 01:07:06,380
What he didn't contemplate
1335
01:07:06,480 --> 01:07:09,500
was that Dr Henion
would do good work.
1336
01:07:09,600 --> 01:07:13,020
And what you do
when you are gonna test
1337
01:07:13,120 --> 01:07:15,340
the levels of PFOS
in the worker blood
1338
01:07:15,440 --> 01:07:17,860
is look for what we call blanks
1339
01:07:17,960 --> 01:07:19,060
to compare it to.
1340
01:07:19,160 --> 01:07:21,780
You got to find
blood from people
1341
01:07:21,880 --> 01:07:24,620
who are not likely to have
been exposed, non-workers.
1342
01:07:24,720 --> 01:07:26,820
And he, of course,
is startled to find
1343
01:07:26,920 --> 01:07:30,680
that there's PFOS in every one
of the samples that he took.
1344
01:07:33,640 --> 01:07:35,900
He didn't just sit
right on his report.
1345
01:07:36,000 --> 01:07:37,580
He picked up the phone.
1346
01:07:37,680 --> 01:07:39,780
And Dr Bacon talked about
this in his deposition -
1347
01:07:39,880 --> 01:07:43,620
he received the phone call
from Dr Henion
1348
01:07:43,720 --> 01:07:45,220
because it was urgent.
1349
01:07:45,320 --> 01:07:47,100
"Hey, buddy, I'm finding
1350
01:07:47,200 --> 01:07:50,280
"your company's chemical
in everybody's blood."
1351
01:07:53,280 --> 01:07:55,340
He calls
with startling news
1352
01:07:55,440 --> 01:07:59,580
because he was finding
quantifiable levels of PFOS
1353
01:07:59,680 --> 01:08:02,820
not just in the worker blood
that you sent for analysis,
1354
01:08:02,920 --> 01:08:05,260
but in blood of non-3M-workers
1355
01:08:05,360 --> 01:08:10,980
he obtained on his own
from Red Cross-pooled blood,
1356
01:08:11,080 --> 01:08:13,380
the blood bank
at the Red Cross, correct?
1357
01:08:13,480 --> 01:08:16,360
That's, uh... I believe so. Yes.
1358
01:08:21,280 --> 01:08:22,900
Some of
the lawyers within 3M,
1359
01:08:23,000 --> 01:08:24,940
they go to their
head toxicologist,
1360
01:08:25,040 --> 01:08:26,900
this guy Dr John Butenhoff,
1361
01:08:27,000 --> 01:08:30,380
and they say, "OK, well, how
much is in everyone's blood?"
1362
01:08:30,480 --> 01:08:32,260
And he pulled up the data
1363
01:08:32,360 --> 01:08:34,220
and he said, "There's about
30 parts per billion.
1364
01:08:34,320 --> 01:08:36,500
"That's the average amount
in Americans' blood."
1365
01:08:36,600 --> 01:08:38,300
And they go,
"OK, what's the safe amount?"
1366
01:08:38,400 --> 01:08:40,460
He goes, "Well, hang on.
Let me do some calculations,"
1367
01:08:40,560 --> 01:08:43,460
And he used data
that they had from the '70s,
1368
01:08:43,560 --> 01:08:45,020
those monkey studies,
1369
01:08:45,120 --> 01:08:47,860
and calculated that a safe
level, in his expert opinion,
1370
01:08:47,960 --> 01:08:50,460
was about 1 part per billion,
1371
01:08:50,560 --> 01:08:52,380
meaning the average American
1372
01:08:52,480 --> 01:08:57,140
had 30 times - 3,000% -
more PFOS in their blood
1373
01:08:57,240 --> 01:08:59,740
than what their head
toxicologist said was safe.
1374
01:08:59,840 --> 01:09:02,500
There was another
document that we found,
1375
01:09:02,600 --> 01:09:07,340
which was
a draft manuscript, 1998.
1376
01:09:07,440 --> 01:09:10,260
There was a note, a curious
note, that we found on it.
1377
01:09:10,360 --> 01:09:12,980
It's obviously
a Post-it that says,
1378
01:09:13,080 --> 01:09:17,100
"John, now that the -
quote - lid is off,
1379
01:09:17,200 --> 01:09:19,660
"Kris would like
to get this paper out.
1380
01:09:19,760 --> 01:09:21,060
"Any problem?"
1381
01:09:21,160 --> 01:09:22,340
We never understood that.
1382
01:09:22,440 --> 01:09:24,140
"The lid is off?
The lid is off what?"
1383
01:09:24,240 --> 01:09:27,420
And I remember
I was riding in my car
1384
01:09:27,520 --> 01:09:29,460
and I got a call from Rob Bilott
1385
01:09:29,560 --> 01:09:31,960
and he said, "Gary...
1386
01:09:33,000 --> 01:09:36,020
"..don't forget
to use the document
1387
01:09:36,120 --> 01:09:37,780
"about 'the lid is off',"
1388
01:09:37,880 --> 01:09:40,900
and I said, "Rob,
what are you talking about?"
1389
01:09:41,000 --> 01:09:43,580
And he said, "You know,
the one with the Post-it
1390
01:09:43,680 --> 01:09:46,580
"that says 'Now that the lid
is off, it's OK to publish',"
1391
01:09:46,680 --> 01:09:49,620
and that... it hit me.
1392
01:09:49,720 --> 01:09:51,140
"I get it now!
1393
01:09:51,240 --> 01:09:54,300
"That's what... that's where
that piece of the puzzle fits."
1394
01:09:54,400 --> 01:09:56,260
It's just a consciousness
of what they were doing.
1395
01:09:56,360 --> 01:09:57,380
Mm-hm, yeah.
1396
01:09:57,480 --> 01:09:59,420
It wasn't, "Oh, my God!
1397
01:09:59,520 --> 01:10:02,420
"I can't believe that our
product is in everyone's blood!
1398
01:10:02,520 --> 01:10:03,900
"What should we do?"
1399
01:10:04,000 --> 01:10:07,380
"Now that the lid is off,"
suggests, you know, a cover-up.
1400
01:10:07,480 --> 01:10:08,860
"Gee, the lid is off.
1401
01:10:08,960 --> 01:10:10,460
"I guess we gotta
come clean now."
1402
01:10:10,560 --> 01:10:13,260
And that's when they decided
to finally tell the EPA
1403
01:10:13,360 --> 01:10:15,100
what they've known
for 23 years -
1404
01:10:15,200 --> 01:10:17,200
that it was in everyone's blood.
1405
01:10:20,360 --> 01:10:23,740
It was in May of 1998
they told the EPA,
1406
01:10:23,840 --> 01:10:26,300
and promptly after that,
1407
01:10:26,400 --> 01:10:28,740
the EPA said, "OK, well,
you're out of the business.
1408
01:10:28,840 --> 01:10:30,460
"You can't make this anymore."
1409
01:10:30,560 --> 01:10:32,260
It took them four years to do it
1410
01:10:32,360 --> 01:10:34,500
and during that four years,
they increased production,
1411
01:10:34,600 --> 01:10:37,220
during that four years, they
sent letters to the customers
1412
01:10:37,320 --> 01:10:40,500
encouraging them to buy more
before they quit selling it.
1413
01:10:40,600 --> 01:10:41,980
It was like
a going-out-of-business sale.
1414
01:10:42,080 --> 01:10:44,120
It wasn't like,
"Oh, no, this is so bad."
1415
01:10:45,560 --> 01:10:47,700
Do you solemnly swear the
testimony you're about to give
1416
01:10:47,800 --> 01:10:50,260
to be the truth, the full truth
and nothing but the truth?
1417
01:10:50,360 --> 01:10:51,660
Yes, I do.
1418
01:10:51,760 --> 01:10:52,980
That deposition
1419
01:10:53,080 --> 01:10:55,740
was the very first deposition
we took in the case
1420
01:10:55,840 --> 01:10:58,380
and we were so startled
1421
01:10:58,480 --> 01:11:00,660
by how well that deposition went
1422
01:11:00,760 --> 01:11:03,580
and how honest he was
and how forthright he was
1423
01:11:03,680 --> 01:11:06,300
and I think it was because
it was over Zoom.
1424
01:11:06,400 --> 01:11:08,220
It was because
he didn't have his lawyers
1425
01:11:08,320 --> 01:11:11,020
there with him, you know,
at the conference table.
1426
01:11:11,120 --> 01:11:12,500
He was in his home.
1427
01:11:12,600 --> 01:11:14,740
I think he was in his kitchen,
at his home,
1428
01:11:14,840 --> 01:11:17,740
and was just being frank and
honest with us and it was a...
1429
01:11:17,840 --> 01:11:21,200
You know... you know, the results
speak for themselves.
1430
01:11:22,800 --> 01:11:25,420
And in each
and every one of these media
1431
01:11:25,520 --> 01:11:27,180
all around the world,
1432
01:11:27,280 --> 01:11:29,020
in Dr Butenhoff's opinion,
1433
01:11:29,120 --> 01:11:30,980
the source of PFOS
1434
01:11:31,080 --> 01:11:33,820
is more likely
than not 3M, correct?
1435
01:11:33,920 --> 01:11:35,500
Thank you for the logo.
1436
01:11:35,600 --> 01:11:37,580
Uh, yes, I mean, I...
1437
01:11:37,680 --> 01:11:41,220
Other than the fact that there
might be some manufacturing,
1438
01:11:41,320 --> 01:11:46,180
I think that more likely
than not the source is 3M, yes.
1439
01:11:46,280 --> 01:11:47,900
He basically acknowledged
1440
01:11:48,000 --> 01:11:51,500
that if you find a molecule of
PFOS anywhere on planet Earth,
1441
01:11:51,600 --> 01:11:53,100
3M made it.
1442
01:11:53,200 --> 01:11:55,780
Now, we've known that.
We know we can prove it.
1443
01:11:55,880 --> 01:11:59,580
But just to have a head
scientist within the company
1444
01:11:59,680 --> 01:12:01,380
just admit it in black-and-white
1445
01:12:01,480 --> 01:12:04,140
and even use the legal buzzwords
"more likely than not",
1446
01:12:04,240 --> 01:12:06,880
that's the standard of proof
we have here in the States.
1447
01:12:28,280 --> 01:12:29,660
So, Wreck Bay,
1448
01:12:29,760 --> 01:12:32,700
it's an Aboriginal community
of about 400 people
1449
01:12:32,800 --> 01:12:34,260
and it's sort of nestled
1450
01:12:34,360 --> 01:12:37,260
within this national park
at Jervis Bay.
1451
01:12:37,360 --> 01:12:39,140
There's sort of as I see it...
1452
01:12:39,240 --> 01:12:40,860
And, you know, you guys
might think differently,
1453
01:12:40,960 --> 01:12:43,060
but there's sort of three
main arcs to the story.
1454
01:12:43,160 --> 01:12:45,660
So there's this issue
of cultural loss
1455
01:12:45,760 --> 01:12:50,380
and then health seems to be
a really big issue down there
1456
01:12:50,480 --> 01:12:52,340
and then there's
sort of these issues
1457
01:12:52,440 --> 01:12:54,540
of how much did Defence know,
1458
01:12:54,640 --> 01:12:56,340
should things
have been done differently?
1459
01:12:56,440 --> 01:12:59,300
It's the incidence of health
impacts you're talking about
1460
01:12:59,400 --> 01:13:02,460
above the standard norms
you'd be expecting to see
1461
01:13:02,560 --> 01:13:06,500
in a community of this size
of those diseases?
1462
01:13:06,600 --> 01:13:09,020
I managed to find
one data source
1463
01:13:09,120 --> 01:13:11,820
that looks at rates
of premature death.
1464
01:13:11,920 --> 01:13:15,060
Looking at Wreck Bay
comparatively,
1465
01:13:15,160 --> 01:13:17,140
it had one of the highest rates
1466
01:13:17,240 --> 01:13:19,100
of years of life
lost prematurely
1467
01:13:19,200 --> 01:13:20,580
in the whole of Australia
1468
01:13:20,680 --> 01:13:22,780
and in some years,
it had the highest rate.
1469
01:13:22,880 --> 01:13:26,140
Who is trying to stop you
telling this story?
1470
01:13:26,240 --> 01:13:28,940
I can't imagine that
the Department of Defence
1471
01:13:29,040 --> 01:13:30,660
will want me to tell this story.
1472
01:13:30,760 --> 01:13:33,260
I've heard sort of anecdotally
they weren't very happy
1473
01:13:33,360 --> 01:13:36,060
that I was moving on
to start looking at Wreck Bay.
1474
01:13:36,160 --> 01:13:38,660
- Too bad.
-Mmm.
1475
01:13:46,040 --> 01:13:48,040
Thank you.
1476
01:13:51,320 --> 01:13:53,100
We've come to the offices
1477
01:13:53,200 --> 01:13:55,980
of the National Archives
of Australia
1478
01:13:56,080 --> 01:13:59,260
and it basically
is this giant repository
1479
01:13:59,360 --> 01:14:04,240
of every government document
that was created prior to 2002.
1480
01:14:06,000 --> 01:14:09,500
The Australian Government
got the letter from 3M in 2000
1481
01:14:09,600 --> 01:14:13,140
to say that, "We're going
to stop making this product,"
1482
01:14:13,240 --> 01:14:16,660
but that doesn't mean that
was the first they ever knew
1483
01:14:16,760 --> 01:14:18,380
about the firefighting foam
1484
01:14:18,480 --> 01:14:20,680
being hazardous
or being dangerous.
1485
01:14:21,680 --> 01:14:23,060
There's thousands of pages
1486
01:14:23,160 --> 01:14:24,780
that are all irrelevant
to what we're doing,
1487
01:14:24,880 --> 01:14:26,580
so it's quite difficult,
1488
01:14:26,680 --> 01:14:29,700
but I just know that
if you check everything,
1489
01:14:29,800 --> 01:14:31,940
you can potentially
find that bit of gold
1490
01:14:32,040 --> 01:14:33,780
or that smoking gun
that you've been looking for
1491
01:14:33,880 --> 01:14:35,920
that can change the whole game.
1492
01:14:51,840 --> 01:14:54,980
So I'm in the last
bundle of documents.
1493
01:14:55,080 --> 01:14:57,180
I've spent three days here
1494
01:14:57,280 --> 01:15:00,420
and, sure enough, in the last
page of the last bundle
1495
01:15:00,520 --> 01:15:03,000
is an extraordinary document.
1496
01:15:04,320 --> 01:15:08,100
So this document
is from November 1981.
1497
01:15:08,200 --> 01:15:10,940
"Currently,
liquid waste containing AFFF
1498
01:15:11,040 --> 01:15:12,940
"from the firefighting
training exercises
1499
01:15:13,040 --> 01:15:14,420
"are allowed to discharge
1500
01:15:14,520 --> 01:15:17,260
"over the surface
of the adjacent land.
1501
01:15:17,360 --> 01:15:20,100
"The wastes have penetrated
a considerable distance
1502
01:15:20,200 --> 01:15:21,660
"and have almost reached
1503
01:15:21,760 --> 01:15:24,340
"the Aboriginal settlement
at Mary Bay.
1504
01:15:24,440 --> 01:15:25,860
"For environmental reasons,
1505
01:15:25,960 --> 01:15:30,380
"this situation is unacceptable
and should be discontinued."
1506
01:15:30,480 --> 01:15:33,480
So they knew in 1981...
1507
01:15:35,280 --> 01:15:40,660
...that the foam was in the
water, escaping off the base
1508
01:15:40,760 --> 01:15:44,440
and they knew it was
environmentally unacceptable.
1509
01:15:45,520 --> 01:15:49,740
This has to be the most
explosive information
1510
01:15:49,840 --> 01:15:54,280
that I've found in terms
of the PFAS issue in Australia.
1511
01:15:55,280 --> 01:15:58,780
And you think of the extent of
the environmental devastation
1512
01:15:58,880 --> 01:16:01,220
that's been caused
over the whole country
1513
01:16:01,320 --> 01:16:03,400
that could have been avoided.
1514
01:16:04,560 --> 01:16:08,100
They knew when they
hosed all that PFAS chemical
1515
01:16:08,200 --> 01:16:10,660
off down into the bush
1516
01:16:10,760 --> 01:16:13,500
that was gonna go
straight down into our...
1517
01:16:13,600 --> 01:16:16,820
...if not our village,
through all our sacred sites
1518
01:16:16,920 --> 01:16:22,460
and into the ocean where
we hunted and gathered every day
1519
01:16:22,560 --> 01:16:26,220
and that was gonna
destroy our community.
1520
01:16:26,320 --> 01:16:28,320
They knew that.
1521
01:16:31,200 --> 01:16:33,460
When I got these
documents, I went back over
1522
01:16:33,560 --> 01:16:36,420
and looked at what Defence
officials had actually said
1523
01:16:36,520 --> 01:16:38,980
when they were questioned
about these kind of issues.
1524
01:16:39,080 --> 01:16:41,220
And so the former
deputy secretary
1525
01:16:41,320 --> 01:16:42,780
of the Department of Defence
1526
01:16:42,880 --> 01:16:44,820
said in the early 2000s,
1527
01:16:44,920 --> 01:16:46,460
"There was no evidence
that this product
1528
01:16:46,560 --> 01:16:47,940
"was particularly dangerous
1529
01:16:48,040 --> 01:16:50,460
"either to the environment
or to human health.
1530
01:16:50,560 --> 01:16:53,060
"I don't think
we appreciated in 2004
1531
01:16:53,160 --> 01:16:55,300
"that this contaminant was
leaving Defence properties."
1532
01:16:55,400 --> 01:16:58,060
Those documents
directly contradict that.
1533
01:16:58,160 --> 01:17:01,460
You can only assume
he's been misinformed.
1534
01:17:01,560 --> 01:17:03,220
It would appear
from what you're telling me
1535
01:17:03,320 --> 01:17:04,980
that there has
been some level of concern
1536
01:17:05,080 --> 01:17:08,060
within the Australian Government
since the early 1980s
1537
01:17:08,160 --> 01:17:11,740
about the danger of this stuff
getting into a water supply
1538
01:17:11,840 --> 01:17:13,460
and nothing's
been done about it.
1539
01:17:13,560 --> 01:17:15,560
Yep.
1540
01:17:29,800 --> 01:17:32,140
The traditional owners
of Wreck Bay land
1541
01:17:32,240 --> 01:17:34,900
have reached
a $22 million settlement
1542
01:17:35,000 --> 01:17:36,980
of their PFAS
contamination class action
1543
01:17:37,080 --> 01:17:38,780
against the Commonwealth
of Australia.
1544
01:17:38,880 --> 01:17:41,740
While this is a victory
for this First Nations group,
1545
01:17:41,840 --> 01:17:44,940
the Wreck Bay community
has to grapple with the impacts
1546
01:17:45,040 --> 01:17:47,300
of PFAS contamination
for years to come.
1547
01:17:47,400 --> 01:17:48,540
The monetary compensation
1548
01:17:48,640 --> 01:17:50,140
that comes out of
the Western legal system
1549
01:17:50,240 --> 01:17:52,020
isn't going to be enough
to compensate
1550
01:17:52,120 --> 01:17:54,020
for that breaking
of the connection to the land
1551
01:17:54,120 --> 01:17:55,500
and the cultural loss,
1552
01:17:55,600 --> 01:17:58,360
but we had to grapple with those
issues as best as we could.
1553
01:18:07,320 --> 01:18:10,140
I'm a bit concerned that,
to a lot of people,
1554
01:18:10,240 --> 01:18:12,620
that's not gonna
feel like enough
1555
01:18:12,720 --> 01:18:15,620
to compensate
for the destruction
1556
01:18:15,720 --> 01:18:17,660
that PFAS has caused
to their culture.
1557
01:18:17,760 --> 01:18:21,260
There will be an opportunity
for people to object,
1558
01:18:21,360 --> 01:18:24,980
so it will be very interesting
to see how that will play out
1559
01:18:25,080 --> 01:18:26,700
and what sort of reaction
1560
01:18:26,800 --> 01:18:28,780
the judge will have
to those objections.
1561
01:18:34,920 --> 01:18:36,540
We're a united community
1562
01:18:36,640 --> 01:18:38,260
so we're gonna
keep on fighting this.
1563
01:18:38,360 --> 01:18:39,740
We're gonna come together
1564
01:18:39,840 --> 01:18:41,940
and we're gonna show
this Department of Defence,
1565
01:18:42,040 --> 01:18:44,380
this entity that's so powerful,
1566
01:18:44,480 --> 01:18:46,720
that we're powerful too.
1567
01:20:01,360 --> 01:20:03,780
I have read the objections,
1568
01:20:03,880 --> 01:20:05,740
but if anyone
does wish to speak,
1569
01:20:05,840 --> 01:20:08,220
then they're of course
free to do so.
1570
01:20:08,320 --> 01:20:10,380
We are
determined to expose
1571
01:20:10,480 --> 01:20:12,300
and put a stop to
the callous government's
1572
01:20:12,400 --> 01:20:14,340
past and present use of poison
1573
01:20:14,440 --> 01:20:18,380
sprayed in the form
of the grim reaper PFAS.
1574
01:20:18,480 --> 01:20:20,140
We can't take our children
1575
01:20:20,240 --> 01:20:23,060
and our grandchildren
and our great-grandchildren
1576
01:20:23,160 --> 01:20:25,800
to parts of the land
that have been affected.
1577
01:20:27,400 --> 01:20:30,380
We have lost an integral
part of our identity,
1578
01:20:30,480 --> 01:20:34,140
our sense of belonging,
our connection to our country,
1579
01:20:34,240 --> 01:20:36,900
the waterways,
the lands, the skies
1580
01:20:37,000 --> 01:20:39,880
and the people who walked
this land before us.
1581
01:20:40,880 --> 01:20:42,500
A thousand years from now,
1582
01:20:42,600 --> 01:20:45,100
our children's
children's children
1583
01:20:45,200 --> 01:20:50,100
are gonna know on 19 June, 2023,
1584
01:20:50,200 --> 01:20:52,580
that a small contingency
of our community
1585
01:20:52,680 --> 01:20:56,780
have stood tall against
the Department of Defence
1586
01:20:56,880 --> 01:20:59,840
to try and ensure their futures.
1587
01:21:06,440 --> 01:21:07,980
This is a very
1588
01:21:08,080 --> 01:21:10,660
catastrophic thing
that's happened
1589
01:21:10,760 --> 01:21:12,140
and the question here for me
1590
01:21:12,240 --> 01:21:14,140
is are you going
to get more money
1591
01:21:14,240 --> 01:21:16,500
running this case
to a conclusion
1592
01:21:16,600 --> 01:21:19,060
or is a better outcome
1593
01:21:19,160 --> 01:21:21,620
taking the money
that's on offer now
1594
01:21:21,720 --> 01:21:23,300
which has been negotiated
1595
01:21:23,400 --> 01:21:25,920
and which the lawyers think
is fair and reasonable?
1596
01:21:38,920 --> 01:21:40,980
So, unfortunately, the judge
1597
01:21:41,080 --> 01:21:44,620
agreed with the settlement offer
today of 22 million
1598
01:21:44,720 --> 01:21:46,180
and siding with
the Commonwealth,
1599
01:21:46,280 --> 01:21:49,220
that that's a fair and just
settlement.
1600
01:21:49,320 --> 01:21:52,200
- So he says.
- So he says.
1601
01:22:24,600 --> 01:22:26,140
A settlement could
be reached this month
1602
01:22:26,240 --> 01:22:28,460
in a court case
involving a corporate giant
1603
01:22:28,560 --> 01:22:29,940
in the City of Stuart.
1604
01:22:30,040 --> 01:22:31,860
A lawsuit claims
that, for decades,
1605
01:22:31,960 --> 01:22:33,740
a toxic forever chemical
1606
01:22:33,840 --> 01:22:36,060
tied to health issues,
including cancer,
1607
01:22:36,160 --> 01:22:39,020
was pouring into the city's
groundwater and drinking water.
1608
01:22:39,120 --> 01:22:41,380
And now the city is
the face of a national fight
1609
01:22:41,480 --> 01:22:43,780
to have the manufacturer
pay for the clean-up
1610
01:22:43,880 --> 01:22:46,580
that hundreds of communities
have to tackle.
1611
01:22:46,680 --> 01:22:49,620
And if we can prove
the City of Stuart
1612
01:22:49,720 --> 01:22:52,300
is entitled to be compensated,
then what does that say
1613
01:22:52,400 --> 01:22:54,540
about what New York City
is entitled to
1614
01:22:54,640 --> 01:22:56,020
or cities like Miami
1615
01:22:56,120 --> 01:22:58,860
who happens to be
very heavily contaminated?
1616
01:22:58,960 --> 01:23:01,320
So that's what
this first case is about.
1617
01:23:03,320 --> 01:23:06,500
For me, it's sort of, I guess,
the pinnacle of my career.
1618
01:23:06,600 --> 01:23:08,660
I'm getting
a little too old for this,
1619
01:23:08,760 --> 01:23:11,860
but I can't see anything
that's more important
1620
01:23:11,960 --> 01:23:15,460
than seeing this through
and seeing that justice is done
1621
01:23:15,560 --> 01:23:18,740
and the parties responsible
for contaminating our planet
1622
01:23:18,840 --> 01:23:20,840
are held responsible.
1623
01:23:34,720 --> 01:23:36,660
Our anticipation
is that we will be
1624
01:23:36,760 --> 01:23:38,540
picking a jury
starting this morning
1625
01:23:38,640 --> 01:23:42,460
and be here for
at least five weeks.
1626
01:23:42,560 --> 01:23:47,200
We have been in the final
laps of a very long marathon.
1627
01:23:50,680 --> 01:23:53,260
OK, great. Here we go.
1628
01:23:53,360 --> 01:23:57,540
And we were literally at
the proverbial courthouse steps
1629
01:23:57,640 --> 01:24:00,780
when we were told that there
was something in the works.
1630
01:24:25,080 --> 01:24:26,460
I guess we all thought
1631
01:24:26,560 --> 01:24:29,020
we'd be in the middle
of jury selection right now
1632
01:24:29,120 --> 01:24:32,100
and I know everybody
has that bittersweet feeling.
1633
01:24:32,200 --> 01:24:36,940
We've all been working so hard
and, uh, we were ready.
1634
01:24:37,040 --> 01:24:39,100
You know, this is what
this case is all about
1635
01:24:39,200 --> 01:24:41,300
and, you know, this was one of
the demonstratives
1636
01:24:41,400 --> 01:24:42,780
who we were gonna use.
1637
01:24:42,880 --> 01:24:45,020
I was gonna say to our jurors
1638
01:24:45,120 --> 01:24:49,540
that they are looking at...
an image,
1639
01:24:49,640 --> 01:24:51,900
a model of a molecule,
1640
01:24:52,000 --> 01:24:53,620
a speck of matter
1641
01:24:53,720 --> 01:24:57,380
that neither God nor nature
brought into this world
1642
01:24:57,480 --> 01:24:59,460
and this molecule was man-made
1643
01:24:59,560 --> 01:25:02,140
and man-made by one company
and one company alone,
1644
01:25:02,240 --> 01:25:03,820
the 3M company.
1645
01:25:03,920 --> 01:25:06,740
And I know
it's frustrating for everybody
1646
01:25:06,840 --> 01:25:09,940
that we're unable
to tell that story.
1647
01:25:10,040 --> 01:25:13,340
I know that you're all
conscientious lawyers,
1648
01:25:13,440 --> 01:25:14,980
environmental lawyers
1649
01:25:15,080 --> 01:25:17,700
and I know that each
and every one of you here today
1650
01:25:17,800 --> 01:25:20,140
worked hard to bring that story
1651
01:25:20,240 --> 01:25:22,700
and I want to thank you all
for your hard work.
1652
01:25:22,800 --> 01:25:24,740
The reason that we're all
in this room here today
1653
01:25:24,840 --> 01:25:27,860
and the reason that 3M ran
from the court is because of us.
1654
01:25:27,960 --> 01:25:29,620
They weren't afraid of the EPA.
1655
01:25:29,720 --> 01:25:32,220
They weren't afraid of lying
to regulators around the world
1656
01:25:32,320 --> 01:25:34,060
or lying to the military.
1657
01:25:34,160 --> 01:25:37,420
They were willing to do anything
to protect their pocketbook
1658
01:25:37,520 --> 01:25:38,900
and the fact is
is that
1659
01:25:39,000 --> 01:25:40,860
this is what made them
worried about that.
1660
01:25:40,960 --> 01:25:42,420
It was a team effort
1661
01:25:42,520 --> 01:25:45,340
and I couldn't be prouder to be
part of it, so thank you all.
1662
01:25:49,720 --> 01:25:52,060
There's a bit of a
shock value going on right now.
1663
01:25:52,160 --> 01:25:54,580
We've been obviously working
for years to put it together,
1664
01:25:54,680 --> 01:25:58,220
so it was sort of the moment
of getting that opportunity.
1665
01:25:58,320 --> 01:26:01,400
It was gonna be the big...
sort of the big day.
1666
01:26:03,000 --> 01:26:07,580
Even though someone
can be given monetary value
1667
01:26:07,680 --> 01:26:11,140
to help address whatever problem
they're claiming or alleging,
1668
01:26:11,240 --> 01:26:13,300
it doesn't totally make you feel
1669
01:26:13,400 --> 01:26:15,300
like justice was done
all the time
1670
01:26:15,400 --> 01:26:17,180
if you don't get the actual...
1671
01:26:17,280 --> 01:26:19,740
...get to put the actual conduct
on trial.
1672
01:26:34,200 --> 01:26:35,940
They got away with it.
1673
01:26:36,040 --> 01:26:37,860
We didn't get to tell the story.
1674
01:26:37,960 --> 01:26:41,260
I almost feel, like, dirty.
It's like hush money.
1675
01:26:41,360 --> 01:26:44,380
But I have an obligation
to our clients.
1676
01:26:44,480 --> 01:26:46,820
I think their decision to settle
1677
01:26:46,920 --> 01:26:48,660
it has a lot to do with the fact
1678
01:26:48,760 --> 01:26:53,500
that they really were afraid
of even an opening statement
1679
01:26:53,600 --> 01:26:57,560
and their dirty laundry was
about to be aired in a big way.
1680
01:26:59,560 --> 01:27:03,340
We know 3M will,
to their last breath,
1681
01:27:03,440 --> 01:27:06,140
take the position
that PFAS is harmless
1682
01:27:06,240 --> 01:27:09,880
at the levels found in blood
and in the environment.
1683
01:27:10,880 --> 01:27:12,860
But even still,
1684
01:27:12,960 --> 01:27:15,200
people have a right
to know it's in them.
1685
01:27:37,080 --> 01:27:38,700
Right now
we're dealing with,
1686
01:27:38,800 --> 01:27:41,540
really, global
contamination problems.
1687
01:27:41,640 --> 01:27:43,940
These PFAS chemicals
have been used
1688
01:27:44,040 --> 01:27:46,860
in such an incredible array
of products
1689
01:27:46,960 --> 01:27:49,160
over the last 70 to 80 years.
1690
01:27:50,160 --> 01:27:52,260
Stain-resistant
waterproof clothing,
1691
01:27:52,360 --> 01:27:56,420
carpeting, fast-food wrappers
and packaging, cosmetics,
1692
01:27:56,520 --> 01:27:59,140
things that are waterproof,
things that are greaseproof,
1693
01:27:59,240 --> 01:28:01,220
things that are non-stick.
1694
01:28:01,320 --> 01:28:04,780
These chemicals have been used
in so many different products,
1695
01:28:04,880 --> 01:28:07,260
you're really dealing
with global contamination
1696
01:28:07,360 --> 01:28:09,920
on an unprecedented scale.
1697
01:28:11,680 --> 01:28:14,620
It's in the water.
It's in the air.
1698
01:28:14,720 --> 01:28:16,620
It's in the food.
1699
01:28:16,720 --> 01:28:18,100
It's everywhere.
1700
01:28:18,200 --> 01:28:19,580
There's nothing you can do
1701
01:28:19,680 --> 01:28:21,060
without coming
into contact with it.
1702
01:28:21,160 --> 01:28:24,140
It's... it's intense, man.
It's huge.
1703
01:28:40,600 --> 01:28:43,460
My name is Amara Strande
1704
01:28:43,560 --> 01:28:45,100
I'm 20 years old.
1705
01:28:45,200 --> 01:28:48,340
And at the age of 15,
I was diagnosed
1706
01:28:48,440 --> 01:28:52,100
with stage IV fibrolamellar
hepatocellular carcinoma.
1707
01:28:52,200 --> 01:28:56,420
Growing up,
I lived in the 3M plume
1708
01:28:56,520 --> 01:28:58,740
and attended
Tartan Senior High School
1709
01:28:58,840 --> 01:29:01,060
where I met many classmates
1710
01:29:01,160 --> 01:29:03,300
that were also
directly affected by cancer
1711
01:29:03,400 --> 01:29:05,820
as a result of what
we now understand
1712
01:29:05,920 --> 01:29:08,660
these chemicals to be - PFAS.
1713
01:29:08,760 --> 01:29:10,780
I never realised
that meeting with her
1714
01:29:10,880 --> 01:29:12,860
would have this ripple effect.
1715
01:29:12,960 --> 01:29:15,860
She went to the lawmakers
in Minnesota
1716
01:29:15,960 --> 01:29:19,460
and she tried to convince them
to ban PFAS
1717
01:29:19,560 --> 01:29:21,100
and it worked.
1718
01:29:21,200 --> 01:29:25,620
Corporations must stop
the production of these toxins
1719
01:29:25,720 --> 01:29:27,140
and be held accountable
1720
01:29:27,240 --> 01:29:29,940
and pay for the damage
they've done.
1721
01:29:30,040 --> 01:29:35,100
We need stricter regulations
on the use of PFAS chemicals
1722
01:29:35,200 --> 01:29:36,980
and more research to be done
1723
01:29:37,080 --> 01:29:40,140
on the long-term effects
of exposure.
1724
01:29:40,240 --> 01:29:43,580
We also need more education
for the public...
1725
01:29:45,840 --> 01:29:49,700
This spring, she was
asked to speak truth to power
1726
01:29:49,800 --> 01:29:53,100
by testifying before
legislative committees
1727
01:29:53,200 --> 01:29:55,460
about her experience
of having cancer
1728
01:29:55,560 --> 01:29:59,260
to give reasons why
the use of forever chemicals
1729
01:29:59,360 --> 01:30:03,140
should be banned
or greatly reduced in products.
1730
01:30:03,240 --> 01:30:06,740
We have been told
that her testimonies
1731
01:30:06,840 --> 01:30:10,760
were key in getting
the legislation passed.
1732
01:30:11,760 --> 01:30:13,300
It's called Amara's Law,
1733
01:30:13,400 --> 01:30:15,740
and Minnesota has become
the first place in the world
1734
01:30:15,840 --> 01:30:18,140
to enact laws to ban PFAS.
1735
01:30:18,240 --> 01:30:21,540
And that's not just banning,
like, one or two kinds of PFAS.
1736
01:30:21,640 --> 01:30:24,460
They're trying to eliminate
PFAS altogether there.
1737
01:30:41,040 --> 01:30:45,860
It's really a harrowing thing
to write these stories
1738
01:30:45,960 --> 01:30:49,820
and I don't think it ever
leaves you when you see people
1739
01:30:49,920 --> 01:30:52,100
and you're sitting
and talking to them one day
1740
01:30:52,200 --> 01:30:55,500
and you see the fear and you see
the questions that they have
1741
01:30:55,600 --> 01:30:57,600
and then they're gone.
1742
01:31:08,240 --> 01:31:11,420
I hope people that read
the Wreck Bay stories,
1743
01:31:11,520 --> 01:31:14,460
that they can
connect to the love
1744
01:31:14,560 --> 01:31:16,140
that the Wreck Bay people have
1745
01:31:16,240 --> 01:31:18,400
for their land
and for their culture...
1746
01:31:20,160 --> 01:31:22,500
...because unless you can
feel that and understand,
1747
01:31:22,600 --> 01:31:25,060
you can't really understand
what they've lost
1748
01:31:25,160 --> 01:31:27,100
and you can't understand
the devastation
1749
01:31:27,200 --> 01:31:29,200
that these chemicals
have caused.
1750
01:31:30,080 --> 01:31:31,460
I hope it lands with the impact
1751
01:31:31,560 --> 01:31:34,540
that we feel like
the story deserves.
1752
01:32:06,480 --> 01:32:08,380
When our
physical bodies die
1753
01:32:08,480 --> 01:32:10,460
and we go back into the mother,
1754
01:32:10,560 --> 01:32:13,460
all that water
that's inside of us
1755
01:32:13,560 --> 01:32:15,380
goes back to the mother as well
1756
01:32:15,480 --> 01:32:18,060
and we drink that water
1757
01:32:18,160 --> 01:32:21,320
and our ancestors
live inside of us.
1758
01:32:22,320 --> 01:32:26,600
But now that PFAS
has poisoned that water...
1759
01:32:27,840 --> 01:32:29,220
...they don't just poison us.
1760
01:32:29,320 --> 01:32:31,320
They poison our ancestors...
1761
01:32:31,920 --> 01:32:34,420
...and everything
that's connected to Ngadjung,
1762
01:32:34,520 --> 01:32:36,520
or to our water.
1763
01:33:50,680 --> 01:33:53,320
♪ Man-made chemicals are
1764
01:33:54,320 --> 01:33:56,760
♪ Poisoning the Earth
1765
01:34:00,720 --> 01:34:03,740
♪ Chemists move molecules around
1766
01:34:03,840 --> 01:34:06,840
♪ Like we move furniture
1767
01:34:10,640 --> 01:34:13,300
♪ After we're dead and gone
1768
01:34:13,400 --> 01:34:16,680
♪ It will be here
a million years
1769
01:34:20,720 --> 01:34:23,900
♪ We'll all be dead and gone
1770
01:34:24,000 --> 01:34:28,180
♪ We cried a billion tears
1771
01:34:28,280 --> 01:34:30,700
♪ Those tears are flowing
1772
01:34:30,800 --> 01:34:33,560
♪ Deep in the water
1773
01:34:34,800 --> 01:34:38,160
♪ Flowing deep in the water
1774
01:34:39,680 --> 01:34:42,960
♪ Flowing deep in the water
1775
01:34:44,640 --> 01:34:47,920
♪ Flowing deep in the water
1776
01:34:49,880 --> 01:34:52,340
♪ A devil with your suit and tie
1777
01:34:52,440 --> 01:34:56,440
♪ I know your wicked little game
1778
01:34:58,200 --> 01:35:00,180
♪ And we're rising up from
1779
01:35:00,280 --> 01:35:02,840
♪ Deep in the water
1780
01:35:04,400 --> 01:35:07,960
♪ Rising deep in the water
1781
01:35:09,280 --> 01:35:12,620
♪ Sing it now,
brothers and sisters
1782
01:35:12,720 --> 01:35:14,980
♪ Sons and daughters
1783
01:35:15,080 --> 01:35:17,380
♪ The truth is lying
1784
01:35:17,480 --> 01:35:20,080
♪ Deep in the water
1785
01:35:29,800 --> 01:35:32,060
♪ The truth is rising up
1786
01:35:32,160 --> 01:35:34,540
♪ The truth is rising up from
1787
01:35:34,640 --> 01:35:39,380
♪ Deep in the water,
deep in the water
1788
01:35:39,480 --> 01:35:41,820
♪ The truth is rising up
1789
01:35:41,920 --> 01:35:44,660
♪ The truth is rising up from
1790
01:35:44,760 --> 01:35:47,000
♪ Deep in the water... ♪