Law reView: Dark Waters
Law reVIEW is a blog series dedicated to investigating and reviewing both popular and documentary films in the Chastek Library film collection.
by Reanna Hicks, J.D. Candidate, Class of 2023
DARK WATERS (2019)
Based on real life events, Dark Waters opens with Robert Bilott making partner at his firm, just in time to get a visit from a couple of men that Bilott’s Grandma has referred to him. Bilott reluctantly looks into their claims, that their cattle are being poisoned, because of the family tie and quickly uncovers that not only are they correct, but they carry much bigger implications.
Forever chemicals, also known as PFAS, are the chemicals that create the non-stick, stain-resistant, and water-proof products still used in Teflon. These chemicals are found in the blood of 99% of people around the world. These chemicals do not break down in the environment and are linked to cancer and reproductive developmental harms. Dupont dumped PFAS into the local water supply for years.
Bilott is a mellow character, he comes across as disengaged, even when he gets a truck full of discovery documents he accepts the task with barely any sign of frustration. He calmly caries on throughout the film until he makes his way through enough of the documents to realize that Dupont was well aware of the effects of PFAS. Bilott is particular concerned with the negative effects to fetuses of women exposed to PFAS. His wife is currently pregnant and this is the catalyst that propels Bilott through two decades in the pursuit of justice.
Dark Waters highlights how many injustices can slip through the cracks of our legal system. The most obvious path to suing Dupont would have been through the EPA, but PFAS are not regulated by that agency. Bilott ends up bringing a class action lawsuit. Bilott wins the suit, but enforcement becomes a major obstacle. Dupont plans on using the legal system to drag out any claims brought by members of the class action, basically rendering the victory useless. If it were not for the personal sacrifices of Bilott; multiple pay cuts at his firm and his family feeling neglected, Dupont would have been able to follow through with their plan. However, Bilott’s perseverance leads to a multimillion-dollar payout available to any victims of Dupont’s actions.
It’s both promising and disheartening, that one man can take down a major corporation and that one man had to sacrifice decades of his life to fix a blatant injustice.
