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Took several years digging 
through documents to finally 

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realize I was dealing with 
something a lot bigger than 

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that, and it was something that 
was impacting a lot of folks, 

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not just the farmer and his 
family, but this was a 

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contamination that was possibly 
spreading across the whole 

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community, but not the whole 
country and the whole world. 

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Welcome to the Environmental 
Transformation Podcast, where we

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bring you interviews with 
industry leaders, climate 

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champions, sustainability 
practitioners, EHS and hazmat 

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professionals making an impact 
in their businesses today. 

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Each leader solving complex 
challenges and delivering 

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solutions within their areas of 
expertise. 

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I'm your host, Sean Grady, and 
thanks for joining us today. 

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Before we jump in, make sure to 
follow us on your devices and 

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visit my website at 
www.seangrady.com and sign up 

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for our newsletter and e-mail 
announcements. 

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Now let's get started. 
Welcome to the Environmental 

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Transformation podcast. 
I'm your host, Sean Grady and 

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today's guest is the amazing 
Robert Balat. 

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Robert, thank you for joining 
the podcast today. 

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We are here live at the AH and P
Hazmat Summit in Louisville, KY.

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And Robert just completed his 
keynote speaker speaker spot for

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us here this morning. 
And it was an amazing speech and

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the audience was just so happy 
and and amazed by your your 

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talk. 
So what was your take on the 

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response for the the audience? 
Oh, it was incredible. 

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I was so pleased to be able to 
be here. 

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I mean, this is really the folks
that hopefully will be helping 

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us figure out how to fix this 
whole issue with P phos forever 

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chemicals. 
Yeah, exactly. 

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I mean, the, the, the storyline 
that you gave about, you know, 

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from your the start and to where
we are today was a timeline that

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it's really hard to put 
together, but you did it so 

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well. 
You just explained it 'cause 

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you've been living it for so 
long. 

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But I think the audience were 
just amazed that, you know, it's

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been a 252426 year journey for 
you to see where we are today. 

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Talk about what it was like to, 
if you could for the audience to

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hear, like, what was it like to 
be in the trenches every day in 

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the courtroom trying to convince
people that this is a real issue

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and you guys need to acknowledge
this and stop the, you know, 

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stop the cover up here. 
Frustrating, very frustrating, 

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you know, to be doing everything
you really could at the time. 

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And I was trying to do 
everything I could as a lawyer 

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to, to raise awareness, you 
know, filing briefs and arguing 

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in court and trying to make 
information public. 

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But it was incredibly difficult 
to breakthrough and took a lot 

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of additional steps. 
You're reaching out to the media

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and screenwriters and 
storytellers to help get this 

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story to finally breakthrough. 
Yeah, So for the listeners who 

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don't know Robert, and there may
be a few of you, but he is the 

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attorney behind the movie Dark 
Waters. 

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And so if you haven't seen that 
movie, I highly recommend you 

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take a, you know, an afternoon 
off or evening and watch the 

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movie Dark Waters. 
It is. 

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It's the story of the 
Parkersburg, WV community that's

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been affected by P Foss 
contamination and your journey 

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of helping win lawsuits against 
DuPont. 

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Yeah, it's the movie actually 
ends around the time of, gosh, 

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20/15/2016. 
And since then, unfortunately, 

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what we've seen happen is the 
same story repeating itself all 

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over the United States and now 
all over the world. 

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So hopefully more communities, 
when they're finding out that 

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these chemicals are in their 
water and their oil, that they 

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can at least take take some 
comfort in knowing that we've 

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come a long way over the last 20
years and have a lot of 

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information now that people can 
use to help fix the problem. 

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I think the thing I recognize 
was the challenge of getting the

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EPA to actually formally 
regulate this chemical and the 

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evidence that you provided over 
courses of years, that was plain

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as day in my mind that based on 
the information and it took him 

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so long to get there. 
And I I'm just scratching my 

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heads. 
Why did it take so long? 

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Yeah, it's one of the reasons I 
wrote the book Exposure was, you

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know, I hear that question a 
lot. 

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How is this, that this is still 
an ongoing issue and that why is

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it that we're just now beginning
to regulate these chemicals 

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decades after the story came 
out? 

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And, you know, that's 
unfortunate. 

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Fortunately, it's the way our 
regulatory system was set up 

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from the beginning in the 1970s 
that just led to this incredibly

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difficult process with 
unbelievable burdens that are 

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required to with different types
of proof and evidence and 

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science that are needed to move 
even the smallest steps forward.

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And even when we get there, you 
know, we're finally at the point

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where we're beginning to 
regulate some of these chemicals

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in the US. 
And we see even when we get 

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there, that's challenged in 
court, you know, when lawsuits 

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are brought to try to stop it. 
So it's an incredibly, it's an 

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incredibly complicated and 
confused process that hasn't 

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worked very well. 
Right. 

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I think you know, is it like, 
you know, I'm a former 

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regulator, I've been a 
consulting for 23 years and I've

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worked with Superfund, you know,
projects and remediation 

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cleanups and PRPS and and 
companies just doing Retra. 

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The interesting part about the 
lack of disclosure of this 

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chemical through the Tosca 
process at the very beginning, 

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they knew it was toxic and 
failed to report it. 

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That was like the big what? 
Are you kidding me? 

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They had an obligation as a 
corporate company to do it. 

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They didn't. 
And I think that was like the 

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big miss from the beginning. 
Yeah, absolutely. 

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You know, a lot, a lot of this 
global contamination might have 

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been avoided, you know, if some 
of this had started to be 

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disclosed when it should have 
back in the the mid 1970s, you 

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know, when Tosca first came out 
and these companies had an 

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obligation to report substantial
risk information. 

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And, you know, this is one of 
those situations that what 

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happens when they don't. 
You know, unfortunately, nobody 

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knew that until we were able to 
get in through litigation and 

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see these internal documents and
show, well, wait a minute, they 

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did have information and didn't 
disclose it. 

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Well, by then, decades have gone
by and the contaminations 

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occurred. 
And it's kind of difficult, if 

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not impossible at that point, to
put the genie back in. 

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The bottle toothpaste doesn't go
back in the bottle, right? 

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That is just so mind boggling 
that that occurred. 

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And and I think just them 
knowing all along that it it had

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this level of toxicity and not 
really bringing it and 

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disclosing it. 
It's just man's shame on those 

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industries. 
You know, that did that in the 

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in the movie, you were really 
brought into this whole 

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situation that you weren't 
really aware of your yourself at

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the time, but by a family 
friend. 

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Talk a little bit about the for 
the listeners, what that was 

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like when you realized I can't 
ignore this. 

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I have to do something. 
Yeah. 

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You know, I first first sort of 
started this whole process back 

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in 1998 and at the time really 
had no idea this was going to 

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turn into a process that dragged
on the next 26 years. 

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It was, you know, a friend of my
grandmother's had referred a 

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farmer in West Virginia to me, 
Mr. Tennant, who was having 

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trouble with his cows. 
And at the time, I thought it 

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was a pretty simple, see a 
straightforward issue with some,

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some, some chemicals probably 
coming out of a landfill that we

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could address and clean up 
pretty quickly. 

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And it was took me a while, took
several years digging through 

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documents to finally realize I 
was dealing with something a lot

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bigger than that. 
And it was something that was 

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impacting a lot of folks, not 
just that farmer and his family,

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but this was a contamination 
that was possibly spreading 

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across the whole community, but 
not the whole country in the 

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whole world. 
Yeah, I think, I mean, I'm sure 

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it was pulling on your 
heartstrings too, a little bit 

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like, OK. 
And after you saw some of the 

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evidence that he provided you, 
you're like, Oh my God, we have 

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to do something. 
You can't just ignore. 

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It absolutely, you know, not 
only did we get the chance, 

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obviously to talk to Mr. Tennant
and his wife and see all of the 

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photographs and the videotapes 
and hear about how this was 

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really, you know, devastating 
his family. 

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But to visit the farm and to 
visit the the other family 

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members and to see, you know, 
that this was a real problem for

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folks that were, they were 
struggling with it every day and

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really felt like we had the 
ability to help them. 

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We helped big companies like 
DuPont. 

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We didn't represent DuPont, but 
we we worked with big companies.

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And if we had the ability to 
maybe fix this problem, again, 

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these were people in the 
community my mom grew up in. 

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This is something we ought to 
do. 

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And I was fortunate to be able 
to to be at a law firm that let 

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me do. 
It in the movie, though, there 

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were sometimes I think that the 
law firm was getting a little 

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nervous about the cost that was 
going into funding the, the work

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you were doing on behalf of the 
plaintiffs. 

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Talk a little bit if you could, 
like the challenge and the and 

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the, you know, the stress that 
that caused because in the 

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movie, you know, I think you 
went to the hospital over, you 

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know, talk a little bit, if you 
could about that, because that's

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important. 
Yeah, You know, after we 

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realized that this was a problem
that was much bigger than Mr. 

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Tennant and the the one farm of 
West Virginia, Yeah, we made 

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this decision to launch a big 
class action lawsuit against 

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DuPont and using a law that 
really hadn't been used much 

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before. 
So we here we were bringing, you

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know, this big class action 
against one of the world's 

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biggest chemical companies and 
owner completely unregulated 

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chemical under new laws. 
It was a big risk and it dragged

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on for several years. 
And it wasn't clear how that was

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going to shake out. 
And then even once we settled 

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that case, we had set up this 
process to to have scientists 

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figure out what the chemical 
could really do to people. 

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And at the time, you know, we 
thought again, that would be 

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hopefully wrapped up in a year 
or so. 

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And it stretched out over 7 
years. 

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And during that time, it just so
happened to be the point in time

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where we had this massive 
economic meltdown going on in 

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our country, 2008. 
Right. 

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So here's money going out the 
door and all these years of cost

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building up and building up. 
So very stressful because in the

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meantime, not only was, you 
know, this costing a lot for the

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law firm, that you had people 
getting sick in that community, 

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people waiting for these 
answers. 

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So a lot of pressures built up 
during that. 

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Period. 
Oh, yeah, I can only imagine. 

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And I'm sure the hours you spent
like this was your sole job. 

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There wasn't any other thing you
were really doing. 

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This was 100%, probably 60 to 80
hours a week this job, right? 

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Yeah. 
I mean, by the time we had 

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resolved that, that big class 
action lawsuit and we're waiting

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for the science panel in most, 
almost all of what I was doing 

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was working on this case. 
And you know, because a lot of 

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the corporate clients weren't 
necessarily calling me at that 

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point. 
So it was a lot of stress. 

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Oh, I can imagine. 
You know, the EPA now has come 

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out in, what is it September of 
last year, I think it was where 

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they came out or and said, OK, 
we've established MCLS for P 

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Foss largely based on a lot of 
the UCMR data that was collected

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and the information you provided
and seeing the lawsuits. 

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Where do we stand now because 
they came out and said we're 

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regulating the long chain, the 2
long chains down to four parts 

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per trillion and the six or four
of the six shorter chain ones 

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down as as well, the Gen. 
X ones, right. 

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And now it went into rule, I 
guess the law, but I don't know 

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if it actually like really 
officially implemented. 

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I'm kind of thinking because 
there was a lawsuit that just 

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was submitted by the industry 
about no, that's not so is that 

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rule like in a stay position? 
It's not really a in in play. 

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Maybe talk about that. 
And then also the recent 

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announcement for the new 
administration that they want to

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pull back the, the, the, the new
MCLS for the four shorter chain 

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compounds and study them 
further. 

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00:12:50,720 --> 00:12:53,520
Yeah, it's it gets pretty 
complicated because as you 

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mentioned, we had the USEPA 
right, kind of at the end of the

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prior administration announced 
official MCLS, enforceable 

226
00:13:02,440 --> 00:13:06,080
drinking water standards for I 
believe it was 6 different P 

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Foss including the two that we 
know the most about PFOAPFOS, 

228
00:13:10,960 --> 00:13:15,120
the C8 long chain, right. 
And they also announced rules 

229
00:13:15,120 --> 00:13:18,960
that they were going to regulate
those two PFOA and PFOS is 

230
00:13:18,960 --> 00:13:21,080
hazardous substances under 
Superfund. 

231
00:13:21,800 --> 00:13:27,600
Those laws became effective, but
they had implementation periods 

232
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that they would be phased in 
over time. 

233
00:13:29,480 --> 00:13:33,080
And when the new administration 
came in with the drinking water 

234
00:13:33,080 --> 00:13:38,080
rule, they have stood by and are
keeping the two drinking water 

235
00:13:38,080 --> 00:13:42,040
standards for PFOA and PFOS 
stated that they were going to 

236
00:13:42,280 --> 00:13:47,600
pull back the standards for the 
other ones and re evaluate those

237
00:13:47,600 --> 00:13:49,440
and possibly resubmit them 
again. 

238
00:13:49,440 --> 00:13:52,600
We don't know yet. 
And in the meantime, there were 

239
00:13:52,600 --> 00:13:55,800
lawsuits filed as you indicated 
by industry and I think some of 

240
00:13:55,800 --> 00:14:00,400
the water associations against 
the water rule and also industry

241
00:14:00,400 --> 00:14:04,400
filed lawsuits to try to stop 
the Superfund designation. 

242
00:14:04,880 --> 00:14:07,440
Those lawsuits are still 
pending. 

243
00:14:07,520 --> 00:14:11,440
They haven't been resolved yet. 
And after the new administration

244
00:14:11,440 --> 00:14:15,800
came in, what's been happening 
is we keep seeing extensions of 

245
00:14:15,800 --> 00:14:20,880
time, stays of that litigation 
to give the EPA time to figure 

246
00:14:20,880 --> 00:14:23,040
out what position are they going
to take. 

247
00:14:23,280 --> 00:14:25,360
So we unfortunately just don't 
know yet. 

248
00:14:25,360 --> 00:14:30,360
What we do know is there's going
to be more time for folks to 

249
00:14:30,360 --> 00:14:33,120
comply with the drinking water 
rules that's been extended. 

250
00:14:33,920 --> 00:14:38,400
Two years right to 2031 now. 
It's been extended and and at a 

251
00:14:38,400 --> 00:14:43,600
minimum at least we have PFOA 
and PFOSMCLS remaining 

252
00:14:43,600 --> 00:14:45,200
effective. 
Oh, that's good to hear. 

253
00:14:45,200 --> 00:14:47,720
I mean, and and you know, if 
you're in the process of 

254
00:14:47,720 --> 00:14:51,840
treating P phos contamination 
and you're going to try to get 

255
00:14:51,840 --> 00:14:55,840
those two out of your system, 
that system will more than 

256
00:14:55,840 --> 00:14:59,720
likely take out the. 
Other one Hello ET Nation, I 

257
00:14:59,720 --> 00:15:01,720
want to thank you for listening 
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258
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If you're enjoying the 
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At seankgrady.com. 
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So what states do you think are 
like the first movers and 

305
00:17:39,720 --> 00:17:44,320
adopters of establishing their 
own P FOS levels for industry in

306
00:17:44,320 --> 00:17:47,480
their state? 
I think we've had several states

307
00:17:47,480 --> 00:17:51,160
that have really sort of led the
way on the science on P FOS. 

308
00:17:51,240 --> 00:17:54,480
In fact, even the USEPA has 
looked to the folks within these

309
00:17:54,480 --> 00:17:57,080
states. 
States like New Jersey, which 

310
00:17:57,080 --> 00:18:00,720
have adopted some of the very 
first state enforceable MCLS in 

311
00:18:00,720 --> 00:18:04,200
Minnesota is another as well. 
Other states have started to 

312
00:18:04,200 --> 00:18:07,520
move forward and unfortunately 
those are states that have 

313
00:18:07,520 --> 00:18:10,520
really good toxicologist risks 
assessors. 

314
00:18:10,520 --> 00:18:13,760
They have programs to do this. 
There are a number of states 

315
00:18:13,760 --> 00:18:17,400
though, that don't don't have 
those resources and have been 

316
00:18:17,400 --> 00:18:20,680
waiting for the federal 
standards or they've got laws 

317
00:18:20,680 --> 00:18:23,440
that don't allow them to be any 
different from the federal 

318
00:18:23,440 --> 00:18:25,720
standards. 
So unfortunately there are a 

319
00:18:25,720 --> 00:18:29,720
number of places throughout the 
country that are dependent on 

320
00:18:29,720 --> 00:18:33,080
what the USEPA does. 
Yeah, that makes a lot of sense.

321
00:18:33,320 --> 00:18:35,000
And, and you're right. 
And I used to be a former 

322
00:18:35,000 --> 00:18:39,320
regulator in Indiana and yeah, I
don't believe they have the 

323
00:18:39,320 --> 00:18:41,120
resources. 
They're they, they would 

324
00:18:41,120 --> 00:18:45,160
definitely default to the EPA 
standard and I can see that. 

325
00:18:45,160 --> 00:18:49,280
What's your take on the, you 
know, the drinking water 

326
00:18:49,560 --> 00:18:53,800
utilities and how they're 
responding to this rule and 

327
00:18:53,880 --> 00:18:56,160
addressing the contamination in 
their systems? 

328
00:18:56,160 --> 00:19:01,000
Because I kind of feel for them.
They didn't 'cause this, but 

329
00:19:01,000 --> 00:19:05,160
they're required to fix it. 
There's not enough money to go 

330
00:19:05,160 --> 00:19:08,240
around to actually support them 
from a state funded type 

331
00:19:08,240 --> 00:19:10,120
support. 
It seems like I know that the, 

332
00:19:11,280 --> 00:19:13,640
the infrastructure bill was 
supposed to allocate a lot of 

333
00:19:13,640 --> 00:19:17,200
money, but it really wasn't 
enough adequately. 

334
00:19:17,280 --> 00:19:20,920
And then the ratepayers are the 
the, the innocent bystanders 

335
00:19:20,920 --> 00:19:24,600
here that are really paying in a
lot of ways and talk a little 

336
00:19:24,600 --> 00:19:26,160
bit about your what you see 
there. 

337
00:19:27,200 --> 00:19:29,800
Exactly. 
You know, the part of the one of

338
00:19:30,000 --> 00:19:33,560
the main victims of all of this 
are really the the water 

339
00:19:33,560 --> 00:19:36,080
suppliers. 
You know, these folks didn't put

340
00:19:36,080 --> 00:19:38,360
the pee fuss in the water yet. 
They're the ones that are 

341
00:19:38,360 --> 00:19:42,000
getting stuck with the bills to 
try to now comply with these 

342
00:19:42,000 --> 00:19:44,880
drinking water standards and to 
try to figure out how do we get 

343
00:19:44,880 --> 00:19:48,600
this out of the water. 
And we, we're representing 

344
00:19:48,600 --> 00:19:51,840
hundreds of water supplies all 
across the country that are 

345
00:19:51,840 --> 00:19:54,640
facing this issue. 
And one of the things we've been

346
00:19:54,640 --> 00:19:58,240
trying to do is make sure that 
those costs don't get pushed 

347
00:19:58,240 --> 00:20:01,760
onto the ratepayers, or at least
as much of that cost as 

348
00:20:01,760 --> 00:20:04,160
possible. 
It's placed on the people who 

349
00:20:04,160 --> 00:20:07,080
really are responsible, and 
that's the people who created 

350
00:20:07,080 --> 00:20:09,680
these chemicals. 
So that's why you see all this 

351
00:20:09,680 --> 00:20:14,000
litigation and that's been going
on across the country against 

352
00:20:14,000 --> 00:20:17,400
the makers of those chemicals 
and firefighting phones to make 

353
00:20:17,400 --> 00:20:20,200
sure those costs. 
Don't get pushed onto the 

354
00:20:20,200 --> 00:20:22,640
cities. 
And that's what led to these 

355
00:20:22,640 --> 00:20:26,800
recent settlements of, you know,
billions of dollars from three M

356
00:20:26,800 --> 00:20:31,840
DuPont and Tycho BASF, you know,
to to to go out toward the water

357
00:20:31,840 --> 00:20:34,640
suppliers to help them. 
And as you mentioned, the 

358
00:20:34,720 --> 00:20:37,240
federal government has also 
allocated billions. 

359
00:20:37,720 --> 00:20:40,960
And yes, it'll probably still 
cost more than that, but at 

360
00:20:40,960 --> 00:20:43,640
least we're trying to do 
everything we can to make sure 

361
00:20:43,640 --> 00:20:47,560
that as much of those costs as 
possible don't get pushed onto 

362
00:20:47,560 --> 00:20:50,400
the victims of the contaminants.
Yeah, and and I, that's only 

363
00:20:50,400 --> 00:20:52,920
fair. 
I mean, and I look at it and 

364
00:20:52,920 --> 00:20:56,560
it's, it is a travesty, but it 
does feel like maybe I just not 

365
00:20:56,560 --> 00:21:00,240
seeing it, but I, I feel like 
the utilities could be a little 

366
00:21:00,240 --> 00:21:04,560
more vocal and, you know, and 
also supportive of this 

367
00:21:04,760 --> 00:21:10,520
situation, But maybe they are. 
I again, it's it's a problem 

368
00:21:10,520 --> 00:21:11,720
that is really hard to deal 
with. 

369
00:21:11,720 --> 00:21:17,920
And and then I think that the 
regulating pop P Foss as a rate,

370
00:21:17,920 --> 00:21:22,160
you know, hazardous substance 
under CERCLA opens up a whole 

371
00:21:22,160 --> 00:21:23,920
different can of worms, doesn't 
it? 

372
00:21:23,920 --> 00:21:26,760
I mean, now you've got, you 
know, all appropriate inquiries 

373
00:21:26,760 --> 00:21:29,600
that it opens up, you know, 
you've got the circle of 

374
00:21:29,600 --> 00:21:33,040
liability potential. 
Now a lot of states are looking 

375
00:21:33,040 --> 00:21:35,440
at this like, well, we've got 
remediation programs. 

376
00:21:35,440 --> 00:21:39,760
Maybe we have to reassess a site
now that we never anticipated 

377
00:21:40,080 --> 00:21:42,720
foreclosure, that we already 
gave closure for kind of 

378
00:21:42,720 --> 00:21:46,320
harkening back to like the vapor
intrusion era when that came 

379
00:21:46,320 --> 00:21:47,360
out. 
Well, we have to reopen some. 

380
00:21:47,920 --> 00:21:51,680
So what is? 
Is circular really the best 

381
00:21:52,640 --> 00:21:55,760
regulatory framework to to 
manage this and could it be a 

382
00:21:55,760 --> 00:21:59,040
different process? 
I think you've highlighted some 

383
00:21:59,040 --> 00:22:03,440
issues which really help explain
why there's a huge debate going 

384
00:22:03,440 --> 00:22:07,560
on right now over the Superfund 
designation and, you know, 

385
00:22:07,560 --> 00:22:11,240
possible RECRA rules coming out 
and other ways to try to 

386
00:22:11,240 --> 00:22:14,520
regulate these chemicals. 
Because really the, the main 

387
00:22:14,520 --> 00:22:18,800
thrust here has been want that 
this desire to make sure that 

388
00:22:18,800 --> 00:22:21,680
the people who created these 
chemicals are the ones 

389
00:22:21,680 --> 00:22:24,920
responsible for the cleanups. 
And, you know, one of the ways 

390
00:22:24,920 --> 00:22:27,720
that was thought to do that was,
you know, well, let's designate 

391
00:22:27,720 --> 00:22:29,560
them hazardous under the 
Superfund law. 

392
00:22:29,560 --> 00:22:33,440
What makes the polluter pay? 
And there's been real concern, 

393
00:22:33,440 --> 00:22:37,000
though, about whether that's the
way it'll work and whether those

394
00:22:37,000 --> 00:22:41,160
costs are are possibly going to 
actually get shifted down to the

395
00:22:41,160 --> 00:22:44,880
victims, to the water providers.
For example, when they clean the

396
00:22:44,880 --> 00:22:48,960
stuff out of the water and they 
end up with spent carbon or 

397
00:22:48,960 --> 00:22:52,840
other material that's 
contaminated with these 

398
00:22:52,840 --> 00:22:55,920
materials, suddenly they're now 
generating this waste that's 

399
00:22:55,920 --> 00:22:58,400
going out as hazardous under the
Superfund law. 

400
00:22:58,400 --> 00:22:59,680
That's going to increase their 
cost. 

401
00:22:59,680 --> 00:23:05,280
So there's a real push and a lot
of debate going on right now as 

402
00:23:05,280 --> 00:23:09,000
to whether there should be 
exemptions for certain sort of 

403
00:23:09,520 --> 00:23:12,840
innocent. 
Landfills, landfills come to 

404
00:23:13,160 --> 00:23:15,240
mind. 
I mean, they've got leachate and

405
00:23:15,840 --> 00:23:19,680
they'll treat it, but then 
there's some levels of that 

406
00:23:19,680 --> 00:23:23,680
material that may, you know, 
leak a little bit and they 

407
00:23:23,680 --> 00:23:25,880
didn't 'cause it. 
They just were the receivers of 

408
00:23:25,880 --> 00:23:28,920
it. 
And now under Circla, they can 

409
00:23:28,920 --> 00:23:31,000
be a super fund PRP. 
Exactly. 

410
00:23:31,000 --> 00:23:33,840
And so that's why you see, you 
know, a real concern being 

411
00:23:33,840 --> 00:23:37,440
raised by water providers, by 
landfill owners, airports, other

412
00:23:37,440 --> 00:23:40,840
folks that are concerned about 
where those costs are going to 

413
00:23:40,840 --> 00:23:42,840
end up. 
And, yeah, there's been 

414
00:23:43,040 --> 00:23:45,560
recognition that maybe we need 
even a new law. 

415
00:23:45,560 --> 00:23:49,920
You know, something I had back 
in, I think it was 2021, you had

416
00:23:49,920 --> 00:23:53,920
new legislation proposed by 
Senator Gillibrand out of New 

417
00:23:53,920 --> 00:23:57,200
York and others that were 
looking at, you know, how do we 

418
00:23:57,200 --> 00:24:00,240
make sure that these costs 
actually get placed on the 

419
00:24:00,240 --> 00:24:03,480
people that created the 
chemicals and not the downstream

420
00:24:03,480 --> 00:24:05,880
folks? 
And that was called the PFOS 

421
00:24:05,880 --> 00:24:09,040
Accountability Act. 
And it was introduced and really

422
00:24:09,040 --> 00:24:10,920
didn't go anywhere, never even 
got hearings. 

423
00:24:10,920 --> 00:24:13,760
It got reintroduced just 
recently, another year or so 

424
00:24:13,760 --> 00:24:15,840
ago, and again, didn't go 
anywhere. 

425
00:24:15,840 --> 00:24:20,200
But so I think it highlights 
that folks are really searching 

426
00:24:20,200 --> 00:24:23,840
for what's the most effective 
way to make sure the right 

427
00:24:23,840 --> 00:24:27,840
people, the people that actually
caused the problem, are the ones

428
00:24:27,840 --> 00:24:30,680
who pay these costs. 
And that's, that's incredibly 

429
00:24:30,680 --> 00:24:32,200
difficult in our legal system, 
right? 

430
00:24:32,440 --> 00:24:34,880
Now yeah, I can. 
I can only imagine. 

431
00:24:34,920 --> 00:24:38,560
Well, I definitely feel like my 
personal opinion is it shouldn't

432
00:24:38,560 --> 00:24:42,800
be in circle ish problem, maybe 
be in RECRA or or maybe a new 

433
00:24:42,800 --> 00:24:44,960
law, right that you just 
mentioned, which would be great.

434
00:24:45,840 --> 00:24:47,840
And I think that would be 
appropriate. 

435
00:24:47,840 --> 00:24:50,360
But let's see where the 
government goes with that and 

436
00:24:50,360 --> 00:24:53,960
legal minds, you know, help 
shape that narrative and 

437
00:24:53,960 --> 00:24:55,480
conversation. 
That would be great. 

438
00:24:55,480 --> 00:24:59,600
You know, when you look to the 
future, where do you see 

439
00:24:59,600 --> 00:25:03,640
technology helping or or 
opportunities that they can help

440
00:25:03,760 --> 00:25:07,760
address some of these 
contamination situations we have

441
00:25:07,760 --> 00:25:10,760
in our hands? 
I think there's an unbelievable 

442
00:25:10,800 --> 00:25:14,200
opportunities that are presented
right now in the PFOS world on 

443
00:25:14,200 --> 00:25:16,480
the technology side. 
I mean, you're, you're dealing 

444
00:25:16,480 --> 00:25:21,720
with these chemicals that are 
pervasive in our soil, our 

445
00:25:21,720 --> 00:25:27,200
water, food, animals, plants, 
people, air, I mean, the entire 

446
00:25:27,200 --> 00:25:31,160
planet contaminated and some of 
these chemicals being of the 

447
00:25:31,160 --> 00:25:34,080
nature that they'll be there 
virtually forever, millions of 

448
00:25:34,160 --> 00:25:38,240
years, if not longer. 
And so we need ways effective 

449
00:25:38,240 --> 00:25:41,320
technologies for actually 
removing, getting rid of this 

450
00:25:41,320 --> 00:25:44,960
stuff because everything we've 
pumped out since the 1940s, 

451
00:25:45,280 --> 00:25:48,920
which is still there. 
So yes, we can filter the water.

452
00:25:48,920 --> 00:25:51,800
We could be, there are 
technologies that already exist 

453
00:25:52,080 --> 00:25:54,800
for getting this out of our 
drinking water, but getting it 

454
00:25:54,800 --> 00:25:57,760
out of the aquifers, getting it 
out of the streams, getting it 

455
00:25:57,760 --> 00:26:00,000
out of the lakes, getting it out
of the soils. 

456
00:26:00,360 --> 00:26:03,880
Those are very difficult 
challenges, but it's creating 

457
00:26:03,880 --> 00:26:08,600
incredible opportunities because
the market for this is so huge 

458
00:26:09,160 --> 00:26:11,840
that I think you're seeing a lot
of folks jumping in trying to 

459
00:26:11,840 --> 00:26:15,200
develop those technologies. 
Now how do we, how do we, can we

460
00:26:15,200 --> 00:26:16,840
burn it? 
Can we incinerate it? 

461
00:26:16,840 --> 00:26:19,680
Can we use plasma? 
You know, there's all these 

462
00:26:19,680 --> 00:26:22,560
different technologies being 
developed, and I think the 

463
00:26:22,680 --> 00:26:26,200
people in that field have just 
some incredible opportunities 

464
00:26:26,200 --> 00:26:29,360
before. 
I know that the designation of 

465
00:26:29,560 --> 00:26:35,040
PFOS as a hazardous substance is
having a pretty sizable effect 

466
00:26:35,040 --> 00:26:38,840
on the waste industry. 
A lot of companies, even 

467
00:26:38,840 --> 00:26:41,040
landfill firms, they're like, 
well, we don't want to start 

468
00:26:41,040 --> 00:26:44,000
taking this anymore. 
We need to, you know, I think we

469
00:26:44,000 --> 00:26:47,640
just you guys go incinerate that
or find out maybe deep well or 

470
00:26:47,640 --> 00:26:52,480
other, you know, scenario. 
But you know, talk about if you 

471
00:26:52,480 --> 00:26:54,800
could have you sensed that? 
I mean, because it's a, there's 

472
00:26:54,800 --> 00:26:58,920
a lot of bent up or there's not 
a lot of capacity to treat all 

473
00:26:58,920 --> 00:27:01,800
of the peep postets out there. 
I mean, that's another challenge

474
00:27:01,800 --> 00:27:04,000
I think industry's faced with. 
They're like, we don't have 

475
00:27:04,000 --> 00:27:06,040
enough capacity to treat 
everything if it's going to go 

476
00:27:06,040 --> 00:27:08,640
like incineration. 
Absolutely. 

477
00:27:08,640 --> 00:27:11,360
And in fact, part of the problem
is too that the laws are also 

478
00:27:11,360 --> 00:27:13,400
changing there. 
You have jurisdictions that are 

479
00:27:13,400 --> 00:27:17,560
now preventing or prohibiting 
incineration or are saying we 

480
00:27:17,560 --> 00:27:20,720
don't want this being brought in
to our states or you know, it's 

481
00:27:20,720 --> 00:27:24,200
so it's, and then now you've got
sort of this inconsistent 

482
00:27:24,200 --> 00:27:27,120
patchwork, you know, across the 
country and internationally as 

483
00:27:27,120 --> 00:27:29,800
well. 
Now we we see some companies 

484
00:27:29,800 --> 00:27:33,280
that are trying to ship this 
stuff overseas or from overseas 

485
00:27:33,320 --> 00:27:36,160
back into the US to try to 
figure out where to dispose of 

486
00:27:36,160 --> 00:27:39,120
it. 
So it's sort of the Wild West 

487
00:27:39,120 --> 00:27:43,080
out there right now as far as 
what can you do with it, What is

488
00:27:43,080 --> 00:27:46,200
allowed, where is it allowed, 
you know, and how long. 

489
00:27:46,440 --> 00:27:49,040
Yeah, I, I've, I've just noticed
there's a lot of firms that are 

490
00:27:49,040 --> 00:27:54,440
just like it's we can take it in
has waste landfill, but we're 

491
00:27:54,440 --> 00:27:57,760
not taking it non has in the 
unregulated portion portions of 

492
00:27:57,760 --> 00:27:58,920
it. 
They just don't want to deal 

493
00:27:58,920 --> 00:28:00,800
with the future liability, 
right. 

494
00:28:01,000 --> 00:28:02,760
And and that's the big 
challenge. 

495
00:28:03,280 --> 00:28:05,880
You know, earlier you did 
mention during the speech that 

496
00:28:06,760 --> 00:28:10,680
there's a lot of activity around
PFOS in, in and around the 

497
00:28:10,680 --> 00:28:13,320
world, like in Europe or 
Australia. 

498
00:28:13,320 --> 00:28:15,960
There are a lot of other 
countries that are dealing with 

499
00:28:15,960 --> 00:28:21,720
the same type of issues that 
we're dealing here from pretty 

500
00:28:21,720 --> 00:28:24,720
much the same type of chemical 
manufacturer facilities that are

501
00:28:24,720 --> 00:28:27,560
there. 
Can you, have you been involved 

502
00:28:27,560 --> 00:28:31,320
or have you been able to talk to
other country leaders you know, 

503
00:28:31,320 --> 00:28:35,080
that are dealing with and, and, 
and what's their take on how 

504
00:28:35,080 --> 00:28:37,320
they're addressing it? 
Yeah, I have. 

505
00:28:37,320 --> 00:28:40,080
I've had the opportunity to 
speak with folks at the EU and 

506
00:28:40,080 --> 00:28:45,200
the UK and the Australian 
government and the French as 

507
00:28:45,200 --> 00:28:48,320
well that are folks that when 
they're trying to figure out 

508
00:28:48,320 --> 00:28:51,240
what would be the most effective
laws and what do we know about 

509
00:28:51,240 --> 00:28:53,920
the science. 
And so trying to really help 

510
00:28:53,920 --> 00:28:57,400
these folks understand what do 
we know and what is known about 

511
00:28:57,400 --> 00:28:59,200
this. 
And So what you've seen is, 

512
00:28:59,200 --> 00:29:02,520
yeah, we're we're seeing sort of
an awakening across across the 

513
00:29:02,520 --> 00:29:04,680
planet that people are 
realizing, wait a minute, we're 

514
00:29:04,680 --> 00:29:08,840
finding the same chemicals in 
the water in Japan and Australia

515
00:29:08,840 --> 00:29:10,920
and Europe and what's going on 
here? 

516
00:29:11,320 --> 00:29:15,280
And I think they're trying to 
grasp, is this the same stuff? 

517
00:29:15,280 --> 00:29:17,760
Is it different from what we 
were dealing with in the US? 

518
00:29:17,760 --> 00:29:21,520
And the laws are different and 
the their approaches are 

519
00:29:21,520 --> 00:29:24,160
different. 
So you end up with varying 

520
00:29:24,160 --> 00:29:27,680
approaches to how these other 
countries are trying to address 

521
00:29:27,680 --> 00:29:29,960
it. 
And we know, I'm just trying to 

522
00:29:29,960 --> 00:29:33,680
make sure that I can do what I 
can to help them at least know 

523
00:29:33,720 --> 00:29:37,160
what we know and what is what 
information is available. 

524
00:29:37,440 --> 00:29:40,600
Is it a lot of these places when
they find these chemicals, 

525
00:29:40,840 --> 00:29:42,600
they're thinking, oh, this is 
something new. 

526
00:29:42,600 --> 00:29:44,360
Nobody knows enough anything 
about it. 

527
00:29:44,360 --> 00:29:47,120
And we gosh, we need me When you
start doing all these studies. 

528
00:29:47,800 --> 00:29:50,520
No, we've got a lot of studies. 
We've got a lot of data. 

529
00:29:50,520 --> 00:29:53,320
Let's let's move forward and not
redo a lot of it. 

530
00:29:53,320 --> 00:29:57,280
So it's a, it's a. 
It's very confusing in a lot of 

531
00:29:57,280 --> 00:29:59,480
places, right? 
Now, yeah, it really is. 

532
00:29:59,560 --> 00:30:04,240
So it's probably fair to say 
that you you're in large amounts

533
00:30:04,240 --> 00:30:08,960
of ongoing litigation, a lot of 
cases across the country, yeah. 

534
00:30:08,960 --> 00:30:11,160
There's a lot of litigation 
still going on. 

535
00:30:11,160 --> 00:30:13,240
You know, as I mentioned, in 
addition to all the water 

536
00:30:13,240 --> 00:30:16,200
systems we've been dealing with,
you know, you've got claims 

537
00:30:16,200 --> 00:30:19,440
we're representing a number of 
States and dealing with trying 

538
00:30:19,440 --> 00:30:22,600
to make sure their natural 
resources are protected. 

539
00:30:22,600 --> 00:30:26,880
And you've got individual cases 
now being filed by thousands of 

540
00:30:26,880 --> 00:30:29,840
people across the country are 
concerned about cancer and other

541
00:30:29,840 --> 00:30:32,720
health effects. 
And now you're seeing a lot of 

542
00:30:32,720 --> 00:30:36,360
litigation we're not necessarily
as involved in with, you know, 

543
00:30:36,480 --> 00:30:41,240
companies being sued that are 
sort of downstream, you know, 

544
00:30:41,240 --> 00:30:43,920
that whose products have been 
found to have these chemicals in

545
00:30:43,920 --> 00:30:46,760
them. 
So it's unfortunately the 

546
00:30:46,760 --> 00:30:50,120
litigation is only growing. 
And it's not just here in the 

547
00:30:50,360 --> 00:30:52,520
US. 
It's starting now overseas as 

548
00:30:52,520 --> 00:30:53,360
well. 
Wow. 

549
00:30:54,160 --> 00:30:57,200
You know, I do feel like there 
is an awareness now in industry 

550
00:30:57,200 --> 00:31:00,680
manufacturers are trying to, you
know, eliminate P FOS chemicals 

551
00:31:00,680 --> 00:31:04,840
and their products. 
They're advertising PP FOS free 

552
00:31:05,560 --> 00:31:11,000
and it seems like education wise
and I guess corporate steward 

553
00:31:11,080 --> 00:31:14,520
being a good company steward, 
you know, is having a big impact

554
00:31:14,520 --> 00:31:16,240
a little bit. 
There's a change, there's a 

555
00:31:16,240 --> 00:31:20,680
shift, but obviously it sounds 
like we need more, right? 

556
00:31:21,360 --> 00:31:24,480
Yes, and I think consumers are 
really driving a lot of that. 

557
00:31:24,480 --> 00:31:27,120
Even though the laws are 
starting to change, a lot of 

558
00:31:27,120 --> 00:31:29,080
that hasn't happened yet. 
A lot of it's still being 

559
00:31:29,080 --> 00:31:32,440
debated among the law of the 
lawmakers and policy makers. 

560
00:31:32,440 --> 00:31:36,360
But in the meantime, consumers 
have started to become aware 

561
00:31:36,720 --> 00:31:40,000
films and other outreach efforts
and you know, they're starting 

562
00:31:40,000 --> 00:31:42,720
to say, well, I'm not going to 
wait for the law to say this 

563
00:31:42,720 --> 00:31:45,200
shouldn't be in the product. 
I don't want it in the stuff I'm

564
00:31:45,200 --> 00:31:47,720
buying today. 
So they're they're reaching out 

565
00:31:47,720 --> 00:31:51,200
to the big retailers and saying 
we don't want these chemicals in

566
00:31:51,200 --> 00:31:53,200
our products. 
And we're seeing the impact of 

567
00:31:53,200 --> 00:31:55,600
that. 
Some of the biggest retailers in

568
00:31:55,600 --> 00:31:59,320
the planet have you know, fast 
food makers, fast food wrapper 

569
00:31:59,320 --> 00:32:03,320
makers, clothing, carp carpeting
and all these companies coming 

570
00:32:03,320 --> 00:32:07,120
out and voluntarily saying we're
going to take these chemicals 

571
00:32:07,120 --> 00:32:10,520
out of our products now. 
And you know, a lot of times 

572
00:32:10,520 --> 00:32:14,320
that's difficult because which 
chemicals are you talking about 

573
00:32:14,320 --> 00:32:18,840
when you say P Phos free, which 
chemicals are you including and 

574
00:32:18,840 --> 00:32:21,480
that what detection level is P 
Phos free? 

575
00:32:21,480 --> 00:32:25,560
So it's difficult, but at least 
you're seeing awareness that 

576
00:32:25,560 --> 00:32:28,960
that is an issue and consumers 
are are driving that. 

577
00:32:29,080 --> 00:32:30,320
And that's good. 
You know, they're putting their 

578
00:32:30,320 --> 00:32:32,120
money where their mouth is. 
They want to buy the products 

579
00:32:32,120 --> 00:32:34,800
that are, you know, lining up 
with their values. 

580
00:32:34,800 --> 00:32:37,640
And that's really good. 
You know, another topic you hit 

581
00:32:37,640 --> 00:32:40,080
on I thought was quite 
interesting is that you talk 

582
00:32:40,080 --> 00:32:45,680
about SDS documents and you 
know, when you're looking at the

583
00:32:45,800 --> 00:32:50,600
chemical makeup of a product and
it says proprietary, I don't 

584
00:32:50,600 --> 00:32:53,480
know how many SDSS I've seen 
like that, like hundreds of 

585
00:32:53,480 --> 00:32:56,920
them. 
And it's not disclosing the 

586
00:32:56,920 --> 00:32:59,160
actual chemical. 
And you know, we're 

587
00:32:59,160 --> 00:33:01,960
environmental professionals here
in this at this attending this 

588
00:33:01,960 --> 00:33:07,280
conference and it's our job to 
report on, you know, chemical 

589
00:33:07,280 --> 00:33:12,600
exposure to potential to admit 
or or cause harm. 

590
00:33:12,840 --> 00:33:16,240
And if you can't get that 
information from your SD S S and

591
00:33:16,240 --> 00:33:20,480
you're unknowingly exposing 
your, your coworkers or your, 

592
00:33:20,480 --> 00:33:22,800
you know, customers, it's not 
good. 

593
00:33:24,000 --> 00:33:27,240
Now, and that that's been a, 
that's been a, a problem going 

594
00:33:27,240 --> 00:33:30,040
back quite some time, at least 
with these chemicals, as you 

595
00:33:30,040 --> 00:33:34,000
indicated, unfortunately, a lot 
of times this was considered 

596
00:33:34,000 --> 00:33:36,120
proprietary confidential 
information. 

597
00:33:36,120 --> 00:33:38,520
What's what's in the secret 
sauce, you know, that's got 

598
00:33:38,520 --> 00:33:41,760
these chemicals on. 
And even when the companies 

599
00:33:41,760 --> 00:33:46,120
finally did start revealing some
of that in their material safety

600
00:33:46,120 --> 00:33:51,080
data sheets, you saw continuing 
misrepresentations about what 

601
00:33:51,080 --> 00:33:53,760
the effects were. 
You know, this is the no, no 

602
00:33:53,760 --> 00:33:56,520
possibility of harm or there's 
no evidence that this could 

603
00:33:56,520 --> 00:34:00,080
cause risk of harm. 
And so, you know, it's one thing

604
00:34:00,080 --> 00:34:03,160
to disclose it and then it's 
whether the chemicals even 

605
00:34:03,160 --> 00:34:04,880
there. 
But then you need accurate 

606
00:34:04,880 --> 00:34:06,760
information about what the 
risks. 

607
00:34:06,760 --> 00:34:11,159
Also, particularly when if 
you're the only company making 

608
00:34:11,159 --> 00:34:14,280
it or you have the information 
about what those risks are, you 

609
00:34:14,280 --> 00:34:16,880
need to be transparent about 
what they really are. 

610
00:34:17,080 --> 00:34:20,239
Absolutely, absolutely. 
Yeah, totally agree. 

611
00:34:20,239 --> 00:34:25,120
And well, where do you see next 
few years now in the forecast 

612
00:34:25,120 --> 00:34:26,760
because you know, now we're 
going to look forward. 

613
00:34:26,800 --> 00:34:28,560
I mean, we've been looking 
backwards about, you know, 

614
00:34:28,560 --> 00:34:32,000
what's transpired and the 
amazing work you've done. 

615
00:34:32,000 --> 00:34:34,800
And I personally feel like you 
single handedly have been the 

616
00:34:34,840 --> 00:34:37,840
the driving force of the EPA 
regulating this material. 

617
00:34:37,880 --> 00:34:41,199
And thank you for doing that and
and all your tireless efforts. 

618
00:34:41,920 --> 00:34:43,400
But where do you see them moving
forward? 

619
00:34:44,360 --> 00:34:47,440
I think, I guess I'd remain 
optimistic that we're going to 

620
00:34:47,440 --> 00:34:52,480
can see continuing efforts to 
really regulate and control 

621
00:34:52,480 --> 00:34:54,920
these chemicals. 
I think not only do we have the 

622
00:34:54,920 --> 00:34:58,760
public now demanding it, I think
you have a lot of lawmakers, a 

623
00:34:58,760 --> 00:35:01,320
lot of folks within the 
scientific community now that do

624
00:35:01,320 --> 00:35:04,960
understand enough about these 
chemicals and realize the real 

625
00:35:04,960 --> 00:35:07,480
risk they present to human 
health and the environment that 

626
00:35:07,840 --> 00:35:12,560
this is now perceived as a real 
public health threat issue. 

627
00:35:13,040 --> 00:35:14,520
Yeah. 
There's going to be economic 

628
00:35:14,600 --> 00:35:18,840
impact because these chemicals 
are are so pervasive within not 

629
00:35:18,840 --> 00:35:20,800
only our economy, but the world 
economy. 

630
00:35:20,920 --> 00:35:23,840
Yeah, it's going to cost money. 
But I think we also know that 

631
00:35:23,840 --> 00:35:28,160
we've got society now that's 
also keenly concerned about 

632
00:35:28,520 --> 00:35:31,480
public health. 
And, you know, this is something

633
00:35:31,720 --> 00:35:34,000
that we hopefully can do 
something about. 

634
00:35:34,400 --> 00:35:37,120
And, you know, these are 
chemicals that we know enough 

635
00:35:37,120 --> 00:35:38,920
about now to actually do 
something. 

636
00:35:40,040 --> 00:35:46,440
Robert, I, I, you're like my 
environmental hero and you 

637
00:35:46,440 --> 00:35:49,000
should be on the Mount Rushmore 
Environmental Heroes. 

638
00:35:49,960 --> 00:35:53,120
So I want to thank you for 
taking the time to come and 

639
00:35:53,120 --> 00:35:55,800
speak with me and our audience 
here on the Environmental 

640
00:35:55,800 --> 00:36:00,800
Transformation Podcast and also 
our fantastic members and 

641
00:36:00,800 --> 00:36:03,960
attendees of the EHS Hazmat 
Summit that we're all 

642
00:36:03,960 --> 00:36:07,600
environmental professionals 
trying to do better and make our

643
00:36:07,600 --> 00:36:10,640
world better place to live and 
comply with the rules and laws. 

644
00:36:10,640 --> 00:36:13,680
And so we really thank you for 
coming and sharing your story, 

645
00:36:14,040 --> 00:36:17,960
just an amazing story and, and 
continue doing what you're 

646
00:36:17,960 --> 00:36:20,240
doing. 
We're here to support you any 

647
00:36:20,240 --> 00:36:23,360
way we can and so really 
appreciate you well. 

648
00:36:23,640 --> 00:36:28,040
Thanks so much, it's a pleasure.
All right, Robert, thank you so 

649
00:36:28,040 --> 00:36:29,640
much. 
Thanks for listening and 

650
00:36:29,640 --> 00:36:31,960
watching the show. 
If you enjoyed the show then 

651
00:36:31,960 --> 00:36:34,640
please share it with your 
friends and coworkers on social 

652
00:36:34,640 --> 00:36:36,800
media and tell somebody in 
person. 

653
00:36:37,280 --> 00:36:39,120
Thanks for being with us, ET 
Nation.

