IN THE UNITED STATES DISTRICT COURT
\nFOR THE EASTERN DISTRICT OF NORTH CAROLINA
\nSOUTHERN DIVISION
\nNo. 7:23-CV-897<\/p>\n
IN RE: PLAINTIFFS\u2019 MASTER COMPLAINT<\/a><\/p>\n CAMP LEJEUNE WATER LITIGATION Jury Trial Demanded<\/p>\n This Document Relates to:<\/p>\n ALL CASES<\/p>\n I. INTRODUCTION<\/p>\n 1. This Complaint arises under the Camp Lejeune Justice Act of 2022 (\u201cCLJA\u201d)1 and<\/p>\n is filed pursuant to the provisions of Section VI of the September 26, 2023, Case Management<\/p>\n Order No. 2 (ECF No. 23), for adoption by reference to individual CLJA actions and in conjunction<\/p>\n with the Court-approved Short Form Complaint.<\/p>\n 2. Marine Corps Base Camp Lejeune (\u201cCamp Lejeune\u201d) is a military base operated<\/p>\n by the United States, located outside of Jacksonville, in Onslow County, North Carolina. The base<\/p>\n is located on the coast of the Atlantic Ocean, with approximately 11 miles of usable shoreline, and<\/p>\n occupying approximately 156,000 acres (244 square miles) in total. Camp Lejeune supports a<\/p>\n current population of approximately 170,000 people.<\/p>\n 3. The story of Camp Lejeune has been described by scientists as the worst public<\/p>\n drinking water contamination crisis in our nation\u2019s history.<\/p>\n 4. At this point in time, it is undisputed and well-documented that, between at least<\/p>\n 1953 and 1987, Camp Lejeune provided contaminated water to those on base. It is estimated that<\/p>\n 1 1 civilian staff, and their respective families and dependents.<\/p>\n 5. During this timeframe, contaminant levels in finished water\u2014such as the water<\/p>\n coming out of taps in housing, buildings, elementary schools, and hospital wards\u2014reached at least<\/p>\n 280 times higher than what the Environmental Protection Agency (\u201cEPA\u201d) today considers safe.2<\/p>\n 6. The list of diseases, illnesses, injuries, and conditions connected to the<\/p>\n contaminants in Camp Lejeune\u2019s water supply is long and grave, including but not limited to:<\/p>\n leukemia, non-Hodgkin\u2019s lymphoma, bladder cancer, kidney cancer, lung cancer, esophageal<\/p>\n cancer, breast cancer, Parkinson\u2019s Disease, female infertility, miscarriages, and more. Many of<\/p>\n these diseases, illnesses, injuries, and conditions have been acknowledged by the United States as<\/p>\n causally connected to the contaminants at Camp Lejeune.3<\/p>\n 7. The handling of this issue by the United States reveals a disregard for internal<\/p>\n military water quality standards, a failure to respond to the contamination, the ignoring of warnings<\/p>\n of the risk of contamination coupled with repeated test results showing that contamination was<\/p>\n present, and the withholding of information from even Defendant\u2019s own scientists initially<\/p>\n investigating the crisis.<\/p>\n 8. As a result, scientists attempting to identify the true scale of contamination were<\/p>\n misled for decades, resulting in a loss of contemporaneous investigatory ability, and requiring<\/p>\n water modeling to retroactively calculate contamination levels.<\/p>\n 2 2 legal recourse, the thousands of people seeking justice for their injuries and for deaths caused by<\/p>\n the contaminated water at or from Camp Lejeune were now able to file administrative claims<\/p>\n seeking compensation.<\/p>\n 10. Importantly, the requirements to prevail on an action under the CLJA exclude any<\/p>\n obligation that the claimants prove negligence or fault. The CLJA specifies the requirements<\/p>\n claimants must satisfy as showing harm and a sufficient causal connection between that harm and<\/p>\n the contaminants at Camp Lejeune, waiving any obligation to prove that the United States owed<\/p>\n or breached a duty to those affected.<\/p>\n 11. Moreover, as to causation, claimants need only satisfy an equipoise standard,<\/p>\n showing that such a causal relationship is at least as likely as not.<\/p>\n 12. Upon information and belief, as of the date of filing, the vast majority of the<\/p>\n administrative claims submitted under the CLJA have not received a response.<\/p>\n 13. This is the position from which Plaintiffs bring their actions. After being exposed<\/p>\n to contaminated water at or from Camp Lejeune, Plaintiffs suffered severe diseases, illnesses,<\/p>\n injuries, and conditions, leading to death in many cases. Those who had been injured or died were<\/p>\n misled for decades to believe that these injuries were not connected to the contaminated water at<\/p>\n or from Camp Lejeune. Then, after this connection was later admitted, Plaintiffs were told that<\/p>\n they were barred from any legal recourse, even as more and more details came to light about the<\/p>\n ongoing disregard for water safety that led to the problem. Those who had been exposed were left<\/p>\n abandoned until the CLJA was passed. Now, after seeking compensation through an administrative<\/p>\n claim, Plaintiffs have not had their claims resolved through the administrative claims process and<\/p>\n thus seek recourse through the instant lawsuits under the CLJA.<\/p>\n 3 14. Each individual Plaintiff brings or will bring their own individual action through<\/p>\n an individual complaint, including Short Form Complaints. This Master Complaint sets forth<\/p>\n common allegations of fact and law applicable to all Plaintiffs who adopt these allegations by<\/p>\n filing individual Short Form Complaints by the relevant deadlines set by the CLJA and this Court.<\/p>\n This Master Complaint is meant to be read in concert with the individual Short Form Complaints<\/p>\n and does not include individualized allegations about each Plaintiff\u2019s experiences. For any given<\/p>\n Plaintiff who adopts the Master Complaint\u2019s allegations, the totality of that Plaintiff\u2019s allegations<\/p>\n includes both the common allegations of the Master Complaint plus the individual allegations in<\/p>\n that Plaintiff\u2019s Short Form Complaint.<\/p>\n 15. This Master Complaint does not constitute a waiver or dismissal of any actions or<\/p>\n claims asserted in any individual complaints, nor does it waive any Plaintiff\u2019s rights, including<\/p>\n their right to amend their individual complaints.<\/p>\n III. JURISDICTION, VENUE, AND CONDITIONS PRECEDENT<\/p>\n 16. The CLJA creates a \u201cfederal cause of action relating to water at Camp Lejeune,<\/p>\n North Carolina.\u201d Thus, pursuant to the CLJA, the United States has waived its sovereign immunity<\/p>\n and has authorized the instant lawsuit.<\/p>\n 17. CLJA Section 804(d) provides that the \u201cUnited States District Court for the Eastern<\/p>\n District of North Carolina shall have exclusive jurisdiction over any [CLJA action] and shall be<\/p>\n the exclusive venue for such an action.\u201d Thus, both jurisdiction and venue are proper before this<\/p>\n Court.<\/p>\n 18. Plaintiffs have each filed administrative claims with the Department of the Navy<\/p>\n addressing the issues raised in this Master Complaint no less than six months prior to their filing<\/p>\n 4 the Navy has not yet assigned claim numbers. Plaintiffs\u2019 administrative claims have either (a)<\/p>\n received a final denial or (b) been deemed a final denial because six months have passed since the<\/p>\n claims were filed with the Department of the Navy and they remain without a final disposition.<\/p>\n The conditions precedent required by 28 U.S.C. \u00a7 2675 and CLJA \u00a7 804(h) are satisfied.<\/p>\n IV. PARTIES<\/p>\n 19. Plaintiffs are individuals\u2014including present and former Marines and other military<\/p>\n service members, civilian employees, and family members or guests of former service members<\/p>\n or civilian employees\u2014who resided, worked, or were otherwise exposed to water contamination<\/p>\n at or from Camp Lejeune for not less than 30 days during the period between August 1, 1953, and<\/p>\n December 31, 1987. At all times Plaintiffs resided, worked, or were otherwise exposed to water<\/p>\n contamination at or from Camp Lejeune. Plaintiffs\u2019 claims may in certain instances be brought by<\/p>\n authorized legal representatives on their behalf.<\/p>\n 20. Defendant, United States of America (\u201cUnited States\u201d), owned, operated, and<\/p>\n managed Camp Lejeune at all relevant times, by and through its Department of the Navy (\u201cNavy\u201d)<\/p>\n and the Navy\u2019s component, the United States Marine Corps (\u201cMarine Corps\u201d). Congress, through<\/p>\n the CLJA, has recognized that Defendant United States should provide compensation for those<\/p>\n who were harmed by exposure to the contaminated water at Camp Lejeune.<\/p>\n 21. The Navy and the Marine Corps are branches of the United States military. The<\/p>\n United States is responsible for both branches and all related facilities, including Camp Lejeune.<\/p>\n V. FACTUAL ALLEGATIONS<\/p>\n 22. In 1941, Congress authorized funding for the project and construction of the base<\/p>\n began. Between 1941 and 1943, Camp Lejeune underwent massive construction and expansion.<\/p>\n 5 Camp Lejeune in 1944. It has played a significant role in United States military operations ever<\/p>\n since. Yet, despite its immeasurable contributions, the United States allowed these Marines and<\/p>\n service members\u2014along with their families and others who lived or worked at or near Camp<\/p>\n Lejeune\u2014to be poisoned for decades through the water provided on base.<\/p>\n A. BACKGROUND INFORMATION<\/p>\n 23. At all relevant times, Camp Lejeune was divided into various water distribution<\/p>\n systems. It is important to distinguish these areas to understand where the contamination and<\/p>\n exposure occurred. The relevant water distribution systems included Hadnot Point, Holcomb<\/p>\n Boulevard, and Tarawa Terrace. These water distribution systems are identified on the map below<\/p>\n (\u201cArea Map\u201d).4<\/p>\n 4 6 treatment plant. A conceptual representation of the flow of water within each water distribution<\/p>\n system is provided below.5 Untreated water flows from a number of wells in each water<\/p>\n distribution system to that area\u2019s water treatment plant, where the water is filtered and treated.<\/p>\n Water that has undergone filtration and treatment at the treatment station (\u201cfinished water\u201d) then<\/p>\n flows to a reservoir, where it waits until it is needed, at which point it flows to the base facility for<\/p>\n delivery.<\/p>\n 25. The water treatment plants employed \u201ca lime softening process, using a catalytic<\/p>\n precipitation lime contact tank and pressure filters.\u201d6 This process is ineffective for removing<\/p>\n volatile organic compounds<\/a> (\u201cVOCs\u201d)\u2014a category which includes each of the primary<\/p>\n contaminants detected in Camp Lejeune water\u2014allowing them to pass through the water treatment<\/p>\n plant into the reservoir, and flow through the system to the point of delivery.<\/p>\n 5 7 the Hadnot Point, Holcomb Boulevard, and Tarawa Terrace water distribution systems.7 It also<\/p>\n highlights three of the primary contamination sources: the Hadnot Point Industrial Area, the<\/p>\n Hadnot Point Landfill Area, and ABC One-Hour Cleaners.<\/p>\n 7 8 supply from its wells. During these times, water from one water distribution system\u2019s reservoir<\/p>\n would be pumped to another water distribution system to fill the need.<\/p>\n 28. Base facilities could receive contaminated water in one of two ways. First, if a<\/p>\n source well in its water distribution system was contaminated, that water would be mixed with the<\/p>\n water from all other wells in its water distribution system whenever it was in use, leading to all<\/p>\n finished water in the system\u2019s reservoir being contaminated. Second, even if no source wells within<\/p>\n the immediate water distribution system were contaminated, if the water distribution system drew<\/p>\n supplemental finished water from a water distribution system that did have contaminated wells,<\/p>\n that contaminated finished water would also be delivered in the supplemented water distribution<\/p>\n system.<\/p>\n 29. A number of contaminants have been detected in the Camp Lejeune water supply.<\/p>\n The five that have been identified to date as the most harmful and widespread are all classified as<\/p>\n volatile organic compounds: tetrachloroethylene (\u201cPCE\u201d), trichloroethylene (\u201cTCE\u201d),<\/p>\n dichloroethylene (\u201cDCE\u201d), vinyl chloride, and benzene.<\/p>\n 30. Today, the EPA regulates the maximum contaminant levels (\u201cMCL\u201d) for each of<\/p>\n these five contaminants. The MCL indicates the level of exposure at which there are no known or<\/p>\n anticipated adverse health effects. When individuals are exposed to these contaminants at levels<\/p>\n that exceed these MCLs, it is understood that there is a risk of adverse health effects.<\/p>\n 9 measurement of 1 ppb means that among a sample of 1 billion particles, 1 particle of the measured<\/p>\n substance is present. 1 ppb is equal to 1 microgram-per-liter (\u201c\u00b5g\/L\u201d). 1,000 ppb (or 1,000 \u00b5g\/L)<\/p>\n is equal to 1 part-per-million (\u201cppm\u201d) or 1 milligram-per-liter (\u201cmg\/L\u201d).8<\/p>\n 32. The current EPA MCL for PCE is 5 ppb. Finished water at Camp Lejeune reached<\/p>\n at least 215 ppb of PCE.<\/p>\n 33. The current EPA MCL for TCE is 5 ppb. Finished water at Camp Lejeune reached<\/p>\n at least 1,400 ppb of TCE.<\/p>\n 34. The current EPA MCL for DCE is 7 ppb. Finished water at Camp Lejeune reached<\/p>\n at least 406 ppb of DCE.<\/p>\n 35. The current EPA MCL for vinyl chloride is 2 ppb. Finished water at Camp Lejeune<\/p>\n reached at least 2.9 ppb of vinyl chloride.<\/p>\n 36. The current EPA MCL for benzene is 5 ppb. Finished water at Camp Lejeune<\/p>\n reached at least 2,500 ppb of benzene.<\/p>\n 8 10 37. Hadnot Point is the southernmost highlighted area on both the Area Map and the<\/p>\n Well Map, located below Holcomb Boulevard, and Tarawa Terrace.<\/p>\n 38. Much of the infrastructure of Hadnot Point was built during the early construction<\/p>\n of Camp Lejeune in 1941. This included the Hadnot Point Water Treatment Plant, as well as many<\/p>\n of the source wells.<\/p>\n 39. The Hadnot Point Fuel Farm was also constructed in 1941, comprised of one<\/p>\n 600,000-gallon aboveground tank, six 12,000-gallon underground tanks, and eight 15,000-gallon<\/p>\n underground tanks. In total, these tanks held up to 792,000 gallons of fuel.<\/p>\n 40. The Hadnot Point Fuel Farm was built in close proximity to important supply wells<\/p>\n which provided water to the Hadnot Point Water Treatment Plant. In particular, the fuel farm was<\/p>\n a mere 1,200 feet from supply well HP-602.<\/p>\n 41. In 1972, supply well HP-651 was installed adjacent to the defense property disposal<\/p>\n compound (labeled \u201cHadnot Point Landfill Area\u201d in the Well Map above), which had been<\/p>\n functioning as a junkyard and solvent disposal area for decades.<\/p>\n 42. At all relevant times, Hadnot Point has been one of the primary housing areas on<\/p>\n base, containing a majority of the barracks for unmarried military personnel. The Hadnot Point<\/p>\n water distribution system includes Hospital Point housing, French Creek barracks, and Hadnot<\/p>\n Point barracks.<\/p>\n 43. In addition, Hadnot Point provided water to all of Holcomb Boulevard until the<\/p>\n Holcomb Boulevard water distribution system was established in or about June of 1972. This<\/p>\n included Midway Park housing, Paradise Point general officer housing, Paradise Point two-story<\/p>\n 11 Capehart housing, Watkins Village housing, and Berkeley Manor housing.<\/p>\n 44. Hadnot Point also contained the Hadnot Point Industrial Area, which included the<\/p>\n Hadnot Point Fuel Farm and major maintenance facilities. When Camp Lejeune first came under<\/p>\n scrutiny, the United States disclosed a fuel leak here of 20,000 to 30,000 gallons in 1979. It was<\/p>\n later revealed that upwards of approximately 1.1 million gallons of fuel were lost into the soil at<\/p>\n Hadnot Point Fuel Farm, with an average of more than 20,000 gallons per year.<\/p>\n 45. Hadnot Point also included a number of other areas believed to have contributed to<\/p>\n groundwater contamination, such as the base dump, which included a dump for chemical drums,<\/p>\n a liquid-disposal dumping area, a former burn dump, a fuel tank sludge dumping area, an industrial<\/p>\n fly-ash dump, a transformer storage lot, an open storage pit, and a junkyard. Also, Hadnot Point<\/p>\n had a former fire training area and a former on-base dry-cleaning service.<\/p>\n 46. Hadnot Point was also one of many locations on the base where marines used TCE<\/p>\n (at the instruction of the United States) as a degreaser to remove grease, oils, and waxes from all<\/p>\n variety of metal equipment and vehicles.<\/p>\n 47. In 1980, a U.S. Army Lab conducted testing on water samples from Hadnot Point.<\/p>\n The Laboratory Services Chief included a handwritten note on the report stating \u201c[w]ater is highly<\/p>\n contaminated with low molecular weight halogenated hydrocarbons.\u201d9<\/p>\n 48. In 1981, the same U.S. Army Lab sent a subsequent communication, with the<\/p>\n Laboratory Services Chief emphasizing in another handwritten note that \u201c[w]ater is highly<\/p>\n contaminated with other chlorinated hydrocarbons (solvents)!\u201d10<\/p>\n 9 12 consultant to study the water supply at Camp Lejeune. Grainger was not informed of the previous<\/p>\n testing and the elevated levels that had been detected.<\/p>\n 50. In May of 1982, Grainger detected elevated levels of PCE and TCE in the water<\/p>\n supply at Hadnot Point.11 In particular, a sample taken from the Naval Hospital was found to<\/p>\n contain 1,400 ppb of TCE.<\/p>\n 51. In at least July of 1982, December of 1982, and March of 1983, Grainger warned<\/p>\n relevant personnel that these contaminants required attention.<\/p>\n 52. In July 1984, supply well HP-602 was sampled and found to contain 380 ppb of<\/p>\n benzene.<\/p>\n 53. On November 30, 1984, supply well HP-602 was closed. A few days later, it was<\/p>\n sampled again and found to contain 121 ppb of benzene, 24 ppb of PCE, and 1,600 ppb of TCE.<\/p>\n 54. In December of 1984, multiple wells in Hadnot Point were sampled again, and wells<\/p>\n 601, 608, 634, and 637 were closed due to contamination.<\/p>\n 55. On January 8, 1985, a communication noted that benzene is a highly volatile<\/p>\n compound which may not be detected in tests if there is a delay in analysis.12<\/p>\n 56. On January 16, 1985, additional samples were taken of Hadnot Point wells.<\/p>\n 57. In late January of 1985, Hadnot Point supplied water to the Holcomb Boulevard<\/p>\n water distribution system while the Holcomb Boulevard water treatment plant was offline.<\/p>\n 58. On January 31, 1985, water samples were collected from locations throughout<\/p>\n Holcomb Boulevard, which was receiving water from Hadnot Point at the time. These samples<\/p>\n 11 13 highest known reading, in a sample taken from an elementary school, was at 1,148.4 ppb.<\/p>\n 59. On February 4, 1985, the Holcomb Boulevard water treatment plant was<\/p>\n reactivated, both the Holcomb Boulevard and Hadnot Point systems were flushed, and the results<\/p>\n of the January 16, 1985, samples were received. Hadnot Point supply well HP-651 was revealed<\/p>\n to contain 3,200 ppb of TCE. HP-651 was closed at this time and resampled.13<\/p>\n 60. The results of this resampling were even higher: 18,900 ppb of TCE, 8,070 ppb of<\/p>\n DCE, 400 ppb of PCE, and 179 ppb of vinyl chloride.14<\/p>\n 61. In the same series of samples, a February 5, 1985, sample from the Hadnot Point<\/p>\n water treatment plant was found to still contain 429 ppb of TCE, even though wells HP-602 and<\/p>\n HP-651 were both closed.15<\/p>\n 62. On November 19, 1985, a water sample from the Hadnot Point water treatment<\/p>\n plant tested at 2,500 ppb of benzene.<\/p>\n 63. Another water sample, on December 10, 1985, tested at 38 ppb of benzene.<\/p>\n 64. A January 24, 1986, memorandum analyzing these results stated that \u201c[w]hile the<\/p>\n periodic readings for Benzene are felt to be a quality control problem in sampling and\/or laboratory<\/p>\n analysis, samples of each active raw water well for Hadnot Point was [sic] taken \u2026 last week.<\/p>\n Results are anticipated in early February.\u201d16 Upon information and belief, these results are missing.<\/p>\n 65. On January 13, supply well HP-645 was closed due to benzene contamination.17<\/p>\n 13 14 Hadnot Point Fuel Farm, including a plan for temporary measures to be used while the project was<\/p>\n underway that would avoid continued use of the Hadnot Point Fuel Farm.18 As of May 18, 1988,<\/p>\n that project was still pending funding.<\/p>\n 67. On March 29, 1988, a letter from a Marine Corps attorney urged the immediate<\/p>\n replacement of the fuel tanks at the Hadnot Point Fuel Farm, which were estimated to be leaking<\/p>\n approximately 1,500 gallons of fuel per month. This letter stated in part: \u201cFrom an attorney\u2019s<\/p>\n perspective, concerned with responding to potential litigation, it appears patently unreasonable to<\/p>\n wait until out-years to replace the tanks. Such delay will result in an indefensible waste of money,<\/p>\n and a continuing potential threat to human health and the environment.\u201d19<\/p>\n 68. A December 1988 study of the groundwater near the Hadnot Point Fuel Farm noted<\/p>\n several points of concern. In particular, it found a plume of contamination of up to 15 feet in<\/p>\n thickness and that the local geology consisted primarily of silty sand, meaning the contamination<\/p>\n was not confined to the local area.20<\/p>\n 69. In or about 1990-91, the Hadnot Point Fuel Farm was replaced and closed.<\/p>\n 70. The United States has since conceded that benzene levels in drinking water<\/p>\n exceeded safe levels for both children and adults from at least 1979 until 1984.21 However, the<\/p>\n later disclosure of the hidden information contained in the Navy\u2019s UST archive, showing that an<\/p>\n 18 15 contamination began much earlier.22<\/p>\n 71. The United States has further conceded that, within the Hadnot Point water<\/p>\n distribution system, at least one volatile organic compound has exceeded its current EPA MCL at<\/p>\n all times between at least August 1953 and January 1985.23<\/p>\n 2. HOLCOMB BOULEVARD<\/p>\n 72. Holcomb Boulevard is the middle-highlighted area on both the Area Map and the<\/p>\n Well Map, located north of Hadnot Point and south of Tarawa Terrace.<\/p>\n 73. During the relevant time period, finished water at Holcomb Boulevard had high<\/p>\n levels of contamination through 1972 by way of being served by the Hadnot Point water treatment<\/p>\n plant.<\/p>\n 74. In 1972, the Holcomb Boulevard water distribution system was established. This<\/p>\n included the drilling of a number of new supply wells, as well as the construction of a new water<\/p>\n treatment plant and reservoirs for this water distribution system. However, from 1972 to 1987, the<\/p>\n Holcomb Boulevard water distribution system received supplemental water from Hadnot Point,<\/p>\n leading to continued contamination in Holcomb Boulevard finished water.<\/p>\n 75. At all relevant times, Holcomb Boulevard has been one of the primary housing<\/p>\n areas on base. The Holcomb Boulevard water distribution system includes Midway Park housing,<\/p>\n Paradise Point general officer housing, Paradise Point two-story housing, Paradise Point cracker<\/p>\n 22 16 and Berkeley Manor housing.<\/p>\n 76. Although the Holcomb Boulevard water distribution system (once opened) did not<\/p>\n have the significant sources of contamination that the Hadnot Point water distribution system did,<\/p>\n the Holcomb Boulevard water distribution system remained interconnected with the Hadnot Point<\/p>\n water distribution system, and raw or finished water could be and indeed was pumped from one<\/p>\n water distribution system to the other. This exchange was controlled by two isolation valves,<\/p>\n referred to as Booster Pump 742 and the Marston Pavilion Valve.<\/p>\n 77. The United States has conceded that, during times when Hadnot Point water was<\/p>\n transferred to Holcomb Boulevard, TCE levels in Holcomb Boulevard finished water were<\/p>\n anywhere from two to twelve times the levels permitted by current EPA MCLs.24<\/p>\n 78. In January of 1985, a gas line feeding a generator at the Holcomb Boulevard water<\/p>\n treatment plant leaked gasoline into the Holcomb Boulevard water system. As a result, the<\/p>\n Holcomb Boulevard water treatment plant was offline for nine days, during which time water from<\/p>\n Hadnot Point was pumped to the Holcomb Boulevard water distribution system. During this<\/p>\n period, finished water in housing areas throughout Holcomb Boulevard exceeded 50 ppb of TCE.25<\/p>\n This recorded instance is illustrative of the effect of distributing Hadnot Point water to Holcomb<\/p>\n Boulevard.<\/p>\n 24 17 water was pumped to Holcomb Boulevard were infrequent.26 The estimates put forth by the United<\/p>\n States as to the frequency of this exchange, as well as the derivative reconstructed estimates of<\/p>\n contamination levels at Holcomb Boulevard, are based upon review of incomplete water utility<\/p>\n logbooks from Booster Pump 742 and Marston Pavilion. The United States concedes that the<\/p>\n \u201cvalve openings are only partially documented.\u201d27<\/p>\n 80. The treated water from the Holcomb Boulevard water treatment plant was used to<\/p>\n water the greenery on two base golf courses, routinely drawing 300,000 to 500,000 gallons of<\/p>\n water per day. This resulted in frequent shortages of treated water in the Holcomb Boulevard water<\/p>\n distribution system, requiring supplemental treated water from Hadnot Point.<\/p>\n 81. Upon information and belief, the Marston Pavilion valve was regularly activated.<\/p>\n 82. Some or all of the relevant logbooks and documents related to the operation of the<\/p>\n control valves at Marston Pavilion and Booster Pump 742 are missing.<\/p>\n 83. As demonstrated by the 1,148.4 ppb TCE reading at the Berkley Manor Elementary<\/p>\n school on February 7, 1985, at the times when this exchange was activated and Hadnot Point water<\/p>\n was provided to Holcomb Boulevard, Holcomb Boulevard residents were exposed to high levels<\/p>\n of contamination.<\/p>\n 3. TARAWA TERRACE<\/p>\n 84. Tarawa Terrace is the northeastern region on the Area Map, and the northern region<\/p>\n on the Well Map, north of Holcomb Boulevard, and east of Camp Johnson.<\/p>\n 26 18 Tarawa Terrace. This subdivision included its own water treatment plant and water distribution<\/p>\n system.<\/p>\n 86. Three of the initial supply wells providing water to Tarawa Terrace were<\/p>\n constructed down gradient from dry cleaning businesses, car repair shops, and gas stations.<\/p>\n 87. In 1952, supply well TT-26 was constructed at the very edge of the Camp Lejeune<\/p>\n property line, along Lejeune Boulevard. At the time of construction, this was already down-<\/p>\n gradient from Glamorama dry cleaners, car repair shops, and gas stations. Nevertheless, the well<\/p>\n was drilled to a depth of only 95 feet. It is unknown why this well was not drilled deeper, despite<\/p>\n the average well on Camp Lejeune being approximately 180 feet.<\/p>\n 88. In 1953, ABC One Hour Dry Cleaner (\u201cABC\u201d) began operating across Lejeune<\/p>\n Boulevard from well TT-26, only 900 feet away. Once it began operating, ABC used<\/p>\n approximately 110-165 gallons of PCE per month. The PCE used by ABC generated two types of<\/p>\n waste: solid and liquid.<\/p>\n 89. The liquid PCE waste, contained in wastewater, was disposed of through a soil<\/p>\n absorption septic tank. In other words, it was dumped into the ground approximately 900 feet from<\/p>\n well TT-26.<\/p>\n 90. The solid PCE waste was used to fill potholes, or otherwise disposed of in the<\/p>\n ground behind the building of ABC, where rainwater caused additional PCE to leach into the soil,<\/p>\n approximately 900 feet from well TT-26.<\/p>\n 19 MCLs from at least November of 1957 until January of 1985.28<\/p>\n 92. Following the January 1985 generator fuel line leak at the Holcomb Boulevard<\/p>\n water treatment plant, additional testing was also conducted at Tarawa Terrace. Supply well TT-<\/p>\n 26 was found to contain 1,580 ppb of PCE, as well as 57 ppb of TCE, 92 ppb of DCE, and 27 ppb<\/p>\n of vinyl chloride. In addition, supply well TT-23 was found to contain 132 ppb of PCE, 5.8 ppb of<\/p>\n TCE, and 11 ppb of DCE.<\/p>\n 93. Both wells were shut off on February 8, 1985.<\/p>\n 94. Yet, one or more of these contaminated wells were reactivated in times of water<\/p>\n supply shortage until the Tarawa Terrace water treatment plant was closed in March of 1987. A<\/p>\n memorandum discussing this decision noted that \u201cthe potential health hazards must be weighed<\/p>\n against the need and cost of providing water from other sources.\u201d29<\/p>\n 95. The United States has conceded that estimated PCE levels remained elevated until<\/p>\n the Tarawa Terrace water treatment plant was closed in March of 1987, exceeding current MCLs<\/p>\n in all but two months.30<\/p>\n 96. The Tarawa Terrace water distribution system and the Camp Johnson water<\/p>\n distribution system were \u201cjoined together\u201d and capable of exchanging water.31<\/p>\n 28 20 distribution system were interconnected enough to jointly supply water to the Knox Trailer Park.<\/p>\n 98. Upon information and belief, contaminated water may have also been present<\/p>\n within the Camp Johnson water distribution system during the relevant time period.<\/p>\n 4. WATER BUFFALOES<\/p>\n 99. In the military context, a water buffalo refers to a portable water tank, typically a<\/p>\n 400-gallon tank mounted on a towable trailer, used for storing and transporting water.<\/p>\n 100. Upon information and belief, during field training exercises, the Marine Corps<\/p>\n routinely uses water buffaloes, including during all relevant times at Camp Lejeune. By using<\/p>\n water buffaloes, service members at Camp Lejeune were able to leave the main areas of the base<\/p>\n to conduct field training exercises away from water supplies, relying on the water buffaloes to<\/p>\n supply water throughout the training.<\/p>\n 101. Upon information and belief, service members at Camp Lejeune were typically<\/p>\n spending an average of three days per week engaged in such field training exercises.32<\/p>\n 102. Upon information and belief, these trainings were often for extended periods of<\/p>\n time, lasting for several hours or more. Throughout the duration of these trainings, the water<\/p>\n buffaloes were the primary source of drinking water for all participants.<\/p>\n 103. The United States has conceded that water buffaloes filled with Hadnot Point water<\/p>\n provided contaminated drinking water to service members during trainings.33<\/p>\n 32 21 Hadnot Point water distribution system and\/or other contaminated sources was used to fill water<\/p>\n buffaloes routinely used for field training exercises conducted throughout the base.34 This included<\/p>\n at least all regions on the east side of the New River, including Camp Johnson, Tarawa Terrace,<\/p>\n Paradise Point, Holcomb Boulevard, Hadnot Point, Courthouse Bay, Onslow Beach, and the<\/p>\n broader Camp Lejeune Military Reservation. Moreover, this potentially included regions on the<\/p>\n west side of the New River, including Camp Geiger, Stone Bay, and Marine Corps Air Station<\/p>\n New River.<\/p>\n 105. Further, upon information and belief, water buffaloes filled with contaminated<\/p>\n water from the Hadnot Point water distribution system and\/or other contaminated sources were<\/p>\n also used for extended field training exercises conducted outside of Camp Lejeune, including at<\/p>\n Marine Corps Auxiliary Field Bogue, also known as Bogue Field.<\/p>\n 106. Upon information and belief, water from Hadnot Point contaminated with PCE,<\/p>\n TCE, DCE, vinyl chloride, and benzene was provided to Marines and other service members from<\/p>\n all over the base who conducted field training exercises at any of the above-referenced locations.<\/p>\n 107. Upon information and belief, virtually all Marines and other service members who<\/p>\n engaged in field training at Camp Lejeune did so at least in part on the east side of the New River,<\/p>\n including those attending recruit training or infantry training at Camp Geiger.<\/p>\n 108. Upon information and belief, during warm weather, water buffaloes were also<\/p>\n placed in many locations around the base to provide easy access to water and encourage hydration,<\/p>\n 34 22 distribution system and\/or other contaminated sources.<\/p>\n 109. The United States has conceded that \u201cwe assume that everybody at [Camp] Lejeune<\/p>\n had some exposure because even if you didn\u2019t live in a residence on base that received<\/p>\n contaminated water, you did visit the main side, you did train, you drank [from] the water buffaloes<\/p>\n that were served \u2013 provided by Hadnot Point water, so on and so forth. So everyone was<\/p>\n exposed[.]\u201d35<\/p>\n 110. During the relevant time period, people living or working at Camp Lejeune were<\/p>\n exposed to the contaminated water through a number of cumulative exposure pathways. These<\/p>\n included drinking, showering, bathing, toiletry, swimming, food preparation, dishwashing,<\/p>\n laundry, inhalation from volatilization (i.e., one or more of the chemicals can turn into a gas at<\/p>\n room temperature), inhalation from vapor intrusion from groundwater through soil, and more.<\/p>\n Harmful exposure could and did occur through ingestion, inhalation, and dermal contact.<\/p>\n 111. Moreover, marines in training drink water and shower more than most people. The<\/p>\n United States has recognized that \u201c[a] marine in training at Camp Lejeune consumes an estimated<\/p>\n 6 liters of water per day for three days per week and 3 liters per day the rest of the week. Under<\/p>\n warm weather conditions, a marine may consume between 1 and 2 quarts of water per hour and<\/p>\n shower twice a day. It is likely that during training, the water supplied in the field came from the<\/p>\n Hadnot Point water system with both measured and estimated levels of TCE and PCE substantially<\/p>\n higher than their MCLs.\u201d36<\/p>\n 35 23 112. The United States played a significant role in causing and allowing the continuance<\/p>\n of the water contamination at Camp Lejeune, including its efforts to conceal the presence and<\/p>\n extent of the contamination.<\/p>\n 113. In 1948, a study conducted by the American Petroleum Institute concluded that the<\/p>\n only safe concentration for benzene is zero.37<\/p>\n 114. Placing and operating a major supply well (HP-602) only 1,200 ft\u2014less than a<\/p>\n quarter mile\u2014from the base\u2019s primary fuel depot risked contaminating the water supply.<\/p>\n 115. Placing and operating a major supply well (TT-26) only 900 ft\u2014just over an eighth<\/p>\n of a mile\u2014down-gradient from a business which dumped chemicals into the ground risked<\/p>\n contaminating the water supply.<\/p>\n 116. Placing and operating a major supply well (HP-651) adjacent to a base dump,<\/p>\n including a junkyard, both of which housed metal waste exposed to metal degreasers containing<\/p>\n TCE, risked contaminating the water supply.<\/p>\n 117. A 1958 study conducted by a government contractor (Legrand) concluded that the<\/p>\n wells used at Camp Lejeune would require frequent maintenance inspections and repairs. These<\/p>\n inspections and repairs were not completed.<\/p>\n 118. A 1959 study by Legrand found that the aquifer beneath Camp Lejeune was not<\/p>\n well-protected from surface contamination because the layers of clay, which can serve as a barrier<\/p>\n to restrict the movement of contaminants, were thin and not continuous. No changes were made to<\/p>\n reduce this risk or monitor for the predicted contamination.<\/p>\n 37 24 instruction 6240.3A, regarding Navy standards for potable water. Among other things, instruction<\/p>\n 6240.3A recognized that \u201cirregularity in quality is an indication of potential danger.\u201d38 Thus, by<\/p>\n at least 1959, the United States understood that water samples showing contamination cannot be<\/p>\n disregarded because the contamination levels are irregular.<\/p>\n 120. In 1963, BUMED issued NAVMED P-5010-5, governing potable water at onshore<\/p>\n Navy facilities such as Camp Lejeune. It was recognized in the document that \u201cwell waters<\/p>\n obtained from aquifers beneath impervious strata . . . are usually considered sufficiently protected<\/p>\n to preclude need for purification,\u201d highlighting by contrast that the Camp Lejeune aquifer\u2019s thin<\/p>\n and discontinuous clay layers left the water supply under-protected. This document recognized<\/p>\n that carbon chloroform extract (\u201cCCE\u201d) tests were a practical measure of water quality at the time,<\/p>\n and that \u201cwater supplies containing over 200 micrograms CCE\/1 of water represent an exceptional<\/p>\n and unwarranted dosage of the water consumer with ill-defined chemicals.\u201d Moreover, it further<\/p>\n directed that water sampling be conducted once per year on finished water, the primary supply of<\/p>\n raw water, and raw water from each supply well39 during the relevant time period.<\/p>\n 121. Later in 1963, BUMED issued instruction 6240.3B. This new regulation prohibited<\/p>\n not only substances known to be toxic, but also substances for which the physiological effects<\/p>\n were unknown, from being permitted to reach the water consumers.40<\/p>\n 122. In 1972, BUMED issued instruction 6240.3C. This document reduced the total<\/p>\n allowable detection under a CCE test from 200 ppb to 150 ppb. It also provided that a detection of<\/p>\n 38 25 supply. During the relevant time, contaminants of concern at Camp Lejeune included chlorinated<\/p>\n hydrocarbons, which were often found in concentrations exceeding the established range.<\/p>\n 123. In 1977, a government contractor (SCS Engineers) prepared a report for the Atlantic<\/p>\n Division Naval Facilities Engineering Command (\u201cLantNavFacEngCom\u201d) on an oil pollution<\/p>\n survey at Camp Lejeune conducted in 1976. Upon information and belief, the United States has<\/p>\n refused to release the uncensored version of this report to this day.<\/p>\n 124. Also in 1977, a government contractor (Southern Testing and Research<\/p>\n Laboratories) was retained by Camp Lejeune to test water for four chlorinated hydrocarbons and<\/p>\n two herbicides.<\/p>\n 125. On February 28, 1978, in a letter to Charles Rundgren of the North Carolina<\/p>\n Division of Health Services, the United States committed to submit all monitoring data, operational<\/p>\n logs, and special analyses concerning Marine Corps activities within the state. This commitment<\/p>\n was not maintained.41<\/p>\n 126. In 1979, a government contractor (Henry Von Oesen and Associates) conducted a<\/p>\n study of the Tarawa Terrace water treatment plant. Observations included that \u201c[s]erious operating<\/p>\n problems have been experienced at Tawara Terrace due to inability to properly control the process,<\/p>\n including cementing of filter sands, structural damage to the filter bed supports, and short filter<\/p>\n runs.\u201d42 In addition, the report findings confirmed that \u201cfilter backwash [was] discharged into the<\/p>\n storm drainage system without treatment.\u201d43<\/p>\n 41 26 responsibilities under the Safe Drinking Water Act for all public water systems in the state.<\/p>\n 128. In October of 1980, concerned that the State of North Carolina might find problems<\/p>\n with Camp Lejeune\u2019s potable water, LantNavFacEngCom initiated a surveillance program at<\/p>\n Camp Lejeune, intended to detect total trihalomethanes (\u201cTTHMs\u201d) in the water supply.<\/p>\n LantNavFacEngCom indicated that it would take a composite sample of all potable water supplies<\/p>\n and run a full spectrum analysis, with the understanding that if any potential problems were<\/p>\n identified, further testing would be conducted to locate the source. Both Jennings Laboratories and<\/p>\n the U.S. Army Environmental Hygiene Agency (\u201cUSAEHA\u201d) were to conduct these tests.<\/p>\n 129. On October 30, 1980, the United States received the results of this test from<\/p>\n Jennings Laboratories, showing the presence of TCE, DCE, and vinyl chloride.44<\/p>\n 130. On the same date, the United States received the USAEHA test results. The results<\/p>\n included a handwritten warning: \u201cWater is highly contaminated with low molecular weight<\/p>\n halogenated hydrocarbons. Strong interference in the region of ChCl2BR. Cannot determine the<\/p>\n value of that compound.\u201d45<\/p>\n 131. On December 18, 1980, additional samples were taken from the Hadnot Point area.<\/p>\n In a January 1981 analysis of these samples, the USAEHA laboratory services chief issued another<\/p>\n warning, reading: \u201cHeavy Organic interference at CHCL2BR. You need to analyze for chlorinated<\/p>\n organics by GC\/MS.\u201d46<\/p>\n 44 27 9, 1981, the USAEHA laboratory services chief again warns: \u201cWater is highly contaminated with<\/p>\n other chlorinated hydrocarbons (solvents)!\u201d47<\/p>\n 133. On August 27, 1981, the Commanding General of Camp Lejeune sent a letter to the<\/p>\n North Carolina state official, Mr. Rundgren. The letter discussed the analysis of the Rifle Range<\/p>\n water distribution system, as well as the upcoming Naval Assessment and Control of Installation<\/p>\n Pollutants (\u201cNACIP\u201d) Initial Assessment Study but withheld all information about the broader<\/p>\n TTHM testing and the multiple warnings of contamination.48<\/p>\n 134. On January 14, 1982, in response to a memo from the Department of Defense, the<\/p>\n United States launched the NACIP Initial Assessment Study at Camp Lejeune. The objective of<\/p>\n this study was to identify, assess, and control contamination at military installations such as Camp<\/p>\n Lejeune.49<\/p>\n 135. On April 19, 1982, the base began collecting water samples from each of the eight<\/p>\n water distribution systems, to be analyzed by Grainger. All information about prior detection of<\/p>\n contamination by Jennings Laboratories and ESAEHA was withheld from Grainger.50<\/p>\n 136. On May 6, 1982, Grainger informed the United States that it had detected<\/p>\n chlorinated hydrocarbons in the samples from Hadnot Point and Tarawa Terrace.51<\/p>\n 47 28 Terrace and sent to Grainger. In the results analyzed on August 10, 1982, Grainger reported that<\/p>\n the chlorinated hydrocarbons were still detected, including identifying two specific contaminants:<\/p>\n TCE at 1,400 ppb and PCE at 104 ppb. This report indicated that these contaminants were at high<\/p>\n levels, such that they were \u201cmore important from a health standpoint than the total Trihalomethane<\/p>\n content.\u201d52<\/p>\n 138. On July 29, 1982, the supervisory base chemist, Elizabeth Betz, had a phone call<\/p>\n with the State of North Carolina. The two discussed reporting requirements as to total<\/p>\n trihalomethanes. Ms. Betz inquired about reporting requirements pertaining to secondary<\/p>\n contaminants, other than trihalomethanes, but did not mention that the United States had already<\/p>\n detected multiple contaminants at Camp Lejeune or inquire about the state\u2019s view on any of these<\/p>\n specific contaminants.53<\/p>\n 139. The United States has claimed that the Marine Corps shared information about the<\/p>\n contamination detected at Camp Lejeune with North Carolina state officials in August of 1982.<\/p>\n However, this position was later contradicted by documentary evidence and retracted. The United<\/p>\n States in fact withheld this information from the state for years.<\/p>\n 140. In contrast, on August 18, 1982, the United States issued a memorandum purporting<\/p>\n to note that there were no problems detected in the Hadnot Point, Tarawa Terrace, or Holcomb<\/p>\n Boulevard water distribution systems, and reduced sampling in these areas from monthly to<\/p>\n quarterly.54<\/p>\n 52 29 his representative to the officer in charge of the NACIP Initial Assessment Study, recommending<\/p>\n obscuring evidence of contamination. His letter reads: \u201cDiscussion of Trihalomethane content of<\/p>\n Rifle Range on page 2-18 and extensive data shown on pages 6-12 through 6-18 overly stresses<\/p>\n relationship with hazardous materials\/waste disposal. It is important to note that accuracy of data<\/p>\n provided by U.S. Army laboratory is questionable. It is recommended that TTHM information be<\/p>\n de-emphasized throughout the report.\u201d55<\/p>\n 142. A few weeks later, taking effect on October 1, 1982, the Natural Resources and<\/p>\n Environmental Affairs Branch\u2014which had worked in conjunction with the NACIP scientists to<\/p>\n complete the Initial Assessment Study\u2014was reassigned to report to the base Facilities Assistant<\/p>\n Chief of Staff, rather than operating within the Base Maintenance Division.56 This placed the<\/p>\n scientists studying contamination at Camp Lejeune under the control of base leadership.<\/p>\n 143. On November 29, 1982, additional samples were taken from all eight water<\/p>\n distribution systems and sent to Grainger.57 In the results analyzed on December 9, 1982, Grainger<\/p>\n noted continued elevated levels of contamination.58 A Grainger scientist expressed concern over<\/p>\n these levels on a subsequent call discussing these results on December 21, 1982.59<\/p>\n 55 30 to Camp Lejeune, reminding of and requesting compliance with an earlier agreement as to annual<\/p>\n water testing, including for Total Organic Halogens.60<\/p>\n 145. On February 24-25, 1983, additional samples were taken from all eight water<\/p>\n distribution systems and sent to Grainger.61 In the results analyzed on March 16, 1983, Grainger<\/p>\n noted continued elevated levels of contamination.62<\/p>\n 146. On April 14, 1983, LantNavFacEngCom completed an Environmental Engineering<\/p>\n Survey for Camp Lejeune. Despite discussing the total trihalomethane testing which led to the<\/p>\n discovery of the elevated PCE and TCE levels, all mention of these detected contaminants was<\/p>\n omitted from the Survey.63<\/p>\n 147. Also in April of 1983, the final draft of the NACIP Initial Assessment Study for<\/p>\n Camp Lejeune was published. The Study omitted discussion of any of the dangerous<\/p>\n contamination that had already been detected at Hadnot Point and Tarawa Terrace, with the only<\/p>\n discussion of TTHM and organic solvent contamination detection being in reference to the Rifle<\/p>\n Range water distribution system.<\/p>\n 148. On May 31, 1983, additional samples were taken from all eight water distribution<\/p>\n systems and sent to Grainger. In the results analyzed on June 15, 1983, Grainger noted continued<\/p>\n elevated levels of contamination.64<\/p>\n 60 31 Carolina Division of Health Services containing information about the water sampling conducted<\/p>\n at Camp Lejeune. Instead of including copies of the original lab reports from Grainger, which<\/p>\n contained repeated warnings about contamination, the letter included only a compiled table of the<\/p>\n data contained in these reports.65<\/p>\n 150. On June 21, 1983, the North Carolina Division of Health Services sent a response<\/p>\n letter to the Facilities Assistant Chief of Staff, indicating that the state required the original<\/p>\n analytical data received from Grainger.66 Upon information and belief, this push was because<\/p>\n officials at the North Carolina Division of Health Services had received a tip that the results were<\/p>\n concerning.<\/p>\n 151. On July 27, 1983, additional samples were taken from all eight water distribution<\/p>\n systems and sent to Grainger.67 These samples were said to be lost in the mail.68 Upon information<\/p>\n and belief, these samples were not in the typical postal mail, but rather under special shipment, as<\/p>\n they were required to be transported on ice.<\/p>\n 152. On August 25, 1983, additional samples were taken from all eight water distribution<\/p>\n systems and sent to Grainger.69 In the results analyzed on August 29, 1983, Grainger noted<\/p>\n continued elevated levels of contamination.70<\/p>\n 65 32 to the North Carolina Division of Health Services, including two additional tables explaining the<\/p>\n compiled results previously provided, but noting that the original analytical data from Grainger<\/p>\n was not included.71 Moreover, this letter stated that voluntary monitoring of most water<\/p>\n distribution systems had been discontinued and requested to reduce sampling at Hadnot Point to<\/p>\n once per year.72<\/p>\n 154. On December 30, 1983, additional samples were taken from the Hadnot Point water<\/p>\n distribution system and sent to Grainger. In the results analyzed on January 18, 1984, Grainger<\/p>\n noted continued elevated levels of contamination.<\/p>\n 155. On January 20, 1984, the North Carolina Division of Health Services sent a<\/p>\n response letter to the Facilities Assistant Chief of Staff, granting permission to reduce sampling at<\/p>\n Hadnot Point to one sample, once per quarter.73<\/p>\n 156. On or about April 1, 1984, one sample was collected from the Hadnot Point water<\/p>\n distribution system and sent to Grainger. In the results analyzed on April 9, 1984, Grainger noted<\/p>\n continued elevated levels of contamination.<\/p>\n 157. In July of 1984, the United States collected samples from the Hadnot Point<\/p>\n Industrial Area, including nearby supply well HP-602. Benzene was detected at 380 ppb and DCE<\/p>\n was detected at 46 ppb.<\/p>\n 71 33 Tawara Terrace water distribution system. Three of these wells were found to contain<\/p>\n contamination, including TCE.<\/p>\n 159. On or about July 1, 1984, one sample was collected from the Hadnot Point water<\/p>\n distribution system and sent to Grainger. In the results analyzed on July 10, 1984, Grainger noted<\/p>\n continued elevated levels of contamination.<\/p>\n 160. On November 30, 1984, supply well HP-602 was shut down.74 Despite the<\/p>\n numerous and widespread detections of contamination over more than four years, this was the first<\/p>\n action taken to address the contaminated water supply at Camp Lejeune.<\/p>\n 161. On December 3, 1984, supply well HP-602 was sampled again.75 Detected<\/p>\n contaminants included PCE at 24 ppb, TCE at 1,600 ppb, DCE at 630 ppb, and benzene at 121<\/p>\n ppb.76 For decades, the United States insisted that this sample was the reason supply well HP-602<\/p>\n was shut down, but it was later revealed that this sample wasn\u2019t collected until days after HP-602<\/p>\n was shut down on November 30, 1984.<\/p>\n 162. Other wells in the Hadnot Point water distribution system were also sampled on the<\/p>\n same day. In the results analyzed on December 6, 1984, TCE contamination was detected in wells<\/p>\n HP-601, HP-603, and HP-608, as well as in the finished water at the Hadnot Point water treatment<\/p>\n plant.77 Supply wells HP-601 and HP-608 were closed at this time.78<\/p>\n 74 34 Hadnot Point water distribution system. In the results analyzed on December 10, 1984,<\/p>\n contamination was again confirmed in supply wells HP-601, HP-602, HP-603, and HP-608, and<\/p>\n detected in HP-634, HP-637, and HP-642.<\/p>\n 164. On December 10, 1984, Camp Lejeune Base Environmental Engineer Robert<\/p>\n Alexander contacted the State of North Carolina and admitted that volatile organic compounds had<\/p>\n been detected in the Camp Lejeune water supply.79<\/p>\n 165. Two days later, on December 12, 1984, Mr. Alexander was quoted in a news article<\/p>\n saying that \u201cevery effort will be made to maintain the excellent quality water supply traditionally<\/p>\n provided to residents of Camp Lejeune.\u201d80<\/p>\n 166. On December 14, 1984, supply wells HP-634 and HP-637 were shut down.81<\/p>\n 167. On January 14, 1985, Environmental Science and Engineering released a NACIP-<\/p>\n related report on the contamination observed at Camp Lejeune.82 However, a number of important<\/p>\n documents contemplated in the schedule appear to be now missing, including the monthly NACIP<\/p>\n progress reports for August through November of 1984, an evaluation of data, and a draft report.<\/p>\n 168. On January 25, 1985, samples were collected from Tarawa Terrace supply wells<\/p>\n TT-23 and TT-26. In the results analyzed on February 5, 1985, levels of PCE at 132 ppb, TCE at<\/p>\n 5.8 ppb, and DCE at 11 ppb were detected in TT-23, and levels of PCE at 1580 ppb, TCE at 57<\/p>\n ppb, DCE at 92 ppb, and vinyl chloride at 27 ppb were detected in TT-26. Supply well TT-26 was<\/p>\n 79 35 recurring water supply shortage in the Tarawa Terrace water distribution system, TT-23 was<\/p>\n reactivated on a number of occasions.<\/p>\n 169. On January 27, 1985, a fuel leak was detected at the Holcomb Boulevard water<\/p>\n treatment plant.83 The plant was taken offline, the reservoir was drained, and the bypass valves<\/p>\n between the Hadnot Point and Holcomb Boulevard water distribution systems were activated.84<\/p>\n The Hadnot Point water distribution system provided all water needed for the Holcomb Boulevard<\/p>\n water distribution system until February 4, 1985.85<\/p>\n 170. On January 31, 1985, the State of North Carolina collected water samples from the<\/p>\n Holcomb Boulevard water treatment plant to determine whether the fuel leak had been resolved.86<\/p>\n In the results analyzed on February 4, 1985, no fuel product was found, but TCE was detected<\/p>\n throughout the Holcomb Boulevard water distribution system.<\/p>\n 171. On February 4, 1985, the Holcomb Boulevard water distribution system was<\/p>\n reactivated, and both the Holcomb Boulevard and Hadnot Point water distribution systems were<\/p>\n flushed.87<\/p>\n 172. On the same date, results were received from a January 16, 1985, sample of Hadnot<\/p>\n Point supply wells.88 HP-651 was identified as having high levels of contaminants, including PCE<\/p>\n at 386 ppb, TCE at 3,200 ppb, DCE at 3,400 ppb, and vinyl chloride at 655 ppb.89 Supply well HP-<\/p>\n 83 36 these results, although at much lower levels, and were closed on February 8, 1985.91<\/p>\n 173. On February 7, 1985, finished water at the Berkeley Manor Elementary School,<\/p>\n serviced by the Holcomb Boulevard water distribution system, continued to test at 135.1 ppb of<\/p>\n TCE.92<\/p>\n 174. On February 8, 1985, supply wells HP-652 and HP-653 were shut down.93<\/p>\n 175. On February 22, 1985, after closing all of the supply wells noted above, finished<\/p>\n water from the Hadnot Point water treatment plant tested at 1 ppb of TCE.94<\/p>\n 176. On March 1, 1985, the Facilities Assistant Chief of Staff provided an action brief<\/p>\n discussing potential solutions to an anticipated water shortage at Tarawa Terrace, due to the closure<\/p>\n of supply wells TT-23 and TT-26. One option presented was to build a water line to draw water<\/p>\n from another water distribution system; this option was selected but was not implemented until<\/p>\n years later. Another option was to re-activate wells known to be contaminated when needed to<\/p>\n maintain supply, because \u201cthe potential health hazards must be weighed against the need and cost<\/p>\n of providing water from other sources.\u201d95<\/p>\n 177. On March 8, 1985, supply well HP-651 was retested, yielding high contamination<\/p>\n levels, including 400 ppb of PCE, 18,900 ppb of TCE, 7,580 ppb of DCE, and 168 ppb of vinyl<\/p>\n chloride.96<\/p>\n 90 37 shortage at Tarawa Terrace. Because the use of water from the contaminated wells was deemed to<\/p>\n not pose an \u201cextreme health threat\u201d to recipients of the contaminated water, as-needed use of the<\/p>\n contaminated water was approved.97<\/p>\n 179. In September of 1985, supply well TT-25 was found to be contaminated with PCE.<\/p>\n 180. On November 19, 1985, the water at the Hadnot Point water treatment plant was<\/p>\n found to contain 2,500 ppb of benzene.98 This is 500 times the level of benzene exposure permitted<\/p>\n by the EPA\u2019s current MCLs. In the results summary of this sample, a handwritten note dismissed<\/p>\n this finding as \u201cnot representative\u201d.99<\/p>\n 181. On December 10, 1985, the water at the Hadnot Point water treatment plant was<\/p>\n still found to contain 38 ppb of benzene.100<\/p>\n 182. On January 13, 1987, Hadnot Point supply well HP-645 was shut down due to<\/p>\n benzene contamination. Despite the numerous detections of benzene, benzene contamination was<\/p>\n dismissed on the grounds of quality control errors. This contamination was discounted and not<\/p>\n properly investigated, despite later revelations that there was a significant fuel leakage at the fuel<\/p>\n farm.<\/p>\n 183. On January 14, 1987, Tarawa Terrace supply well TT-25 was closed.<\/p>\n 184. After the first detection of water contamination in October of 1980, it took more<\/p>\n than six years for the United States to identify, acknowledge, and address the poisonous water<\/p>\n supply at Camp Lejeune.<\/p>\n 97 38 studies conducted to identify the massive, life-changing, and widespread harm caused by this<\/p>\n contaminated water. These studies were hindered for years by the United States withholding<\/p>\n information.<\/p>\n 186. By 1994, the ATSDR was writing letters to the Marine Corps complaining of a lack<\/p>\n of cooperation and access to important records for researching the extent of contamination and<\/p>\n health impacts.<\/p>\n 187. In 1997, on behalf of the United States, the ATSDR published a public health<\/p>\n assessment on the water contamination at Camp Lejeune. In 2009, the ATSDR retracted this public<\/p>\n health assessment, due in large part to hidden information coming to light. This was the first time<\/p>\n in the history of the ATSDR that a public health assessment was retracted.<\/p>\n 188. In 2007, the Government Accountability Office issued a report reviewing the<\/p>\n ATSDR\u2019s attempt to study the contamination. This report is recognized to be flawed because it<\/p>\n evaluated the 1997 ATSDR public health assessment which was later retracted, and thus did not<\/p>\n include the new information leading to the retraction.<\/p>\n 189. In 2009, the National Research Council published a report on the water<\/p>\n contamination at Camp Lejeune. This report was structured by the Navy and has been widely<\/p>\n criticized as overlooking key data and having significant gaps in reasoning.<\/p>\n 190. Also in 2009, ATSDR staff gained access to a previously undisclosed electronic<\/p>\n database containing more than 700,000 pages of Navy and Marine Corps documents about<\/p>\n contamination at Camp Lejeune. Among these documents, the ATSDR found information<\/p>\n documenting that as much as 1.1 million gallons of fuel were lost into the ground at Hadnot Point.<\/p>\n Prior to this information being learned, the United States had insisted that no more than 50,000<\/p>\n 39 ATSDR\u2019s 1997 public health assessment.<\/p>\n 191. The U.S. House of Representatives Committee on Science and Technology,<\/p>\n Subcommittee on Investigations and Oversight, recognized that \u201c[i]t is difficult to provide clear<\/p>\n scientific analyses when you cannot be certain that the records you are relying on for that analysis<\/p>\n are complete.\u201d101<\/p>\n 192. For at least three of the contaminants at issue, there are actual measurements of<\/p>\n contamination levels that are even more elevated than the highest projected measurements of the<\/p>\n reconstructed models contained in ATSDR reports.102<\/p>\n 193. Because key information was withheld from early investigators, which led to<\/p>\n crucial delays, or was otherwise withheld, lost, or destroyed over time, the full extent of<\/p>\n contamination at Camp Lejeune may be even greater than what studies to date have identified.<\/p>\n 194. Plaintiffs reserve the right to seek a spoliation instruction.<\/p>\n 101 40 195. During the relevant time period, Plaintiffs used water from the Hadnot Point water<\/p>\n distribution system, the Holcomb Boulevard water distribution system, the Tarawa Terrace water<\/p>\n distribution system, and\/or the Camp Johnson water distribution system, exposing Plaintiffs to<\/p>\n unsafe amounts of contaminated water.<\/p>\n 196. During the relevant time period, many Plaintiffs used water from water buffaloes<\/p>\n which were filled with water from the Hadnot Point water distribution system and\/or other<\/p>\n contaminated sources, exposing Plaintiffs to unsafe amounts of contaminated water.<\/p>\n 197. The above conduct caused the Plaintiffs to sustain personal injuries or death, as<\/p>\n more particularly alleged in Plaintiffs\u2019 Short Form Complaints.<\/p>\n 198. At the current time, the Unites States has conceded that exposure to the<\/p>\n contaminated water at Camp Lejeune meets an equipoise or greater standard for certain diseases,<\/p>\n including but not limited to kidney cancer, liver cancer, bladder cancer, non-Hodgkin\u2019s lymphoma,<\/p>\n multiple myeloma, acute lymphocytic leukemia, chronic lymphocytic leukemia, chronic myeloid<\/p>\n leukemia, other forms of leukemia, Parkinson\u2019s disease, end-stage renal disease, scleroderma,<\/p>\n systemic sclerosis, cardiac birth defect, aplastic anemia, and myelodysplastic syndrome.103<\/p>\n 199. Upon information and belief, during the relevant time period, in addition to the<\/p>\n specific contaminants alleged above, there have been one or more additional contaminants in the<\/p>\n water at Camp Lejeune that have not yet been studied, are being studied, or have not yet been made<\/p>\n publicly available but that are believed to be the cause of additional medical and\/or psychological<\/p>\n conditions and\/or diseases of Plaintiffs.<\/p>\n 103 41 exposure to the contaminated water at Camp Lejeune meets an equipoise or greater standard of<\/p>\n causation for other cancers and non-cancer diseases. Upon information and belief, additional<\/p>\n studies are also underway that are reviewing the causal link between the contaminants at Camp<\/p>\n Lejeune and other conditions and\/or diseases.<\/p>\n 201. There is a sufficient causal link between Plaintiffs\u2019 injuries and the toxic water<\/p>\n Plaintiffs were exposed to at or from Camp Lejeune.<\/p>\n 202. As a direct and proximate result of Plaintiffs\u2019 exposure to toxic water at or from<\/p>\n Camp Lejeune, Plaintiffs have been forced to endure significant physical and mental pain and<\/p>\n suffering and to undergo significant and extensive medical treatment, and in some instances caused<\/p>\n their death.<\/p>\n 203. Further, as a result of Plaintiffs\u2019 exposure to toxic water at or from Camp Lejeune,<\/p>\n Plaintiffs have suffered other damages. These damages include, but are not limited to: medical<\/p>\n expenses, medication expenses, medical supply expenses, transportation expenses related to<\/p>\n medical treatment, food expenses related to medical treatment, lost income, and other damages as<\/p>\n further detailed in each Plaintiff\u2019s Short Form Complaint.<\/p>\n VI. COUNT 1: RELIEF UNDER THE CAMP LEJEUNE JUSTICE ACT<\/p>\n 204. Plaintiffs incorporate by reference each of the allegations 1 through 203 above.<\/p>\n 205. The CLJA provides that:<\/p>\n An individual, including a veteran (as defined in section 101 of title 38, United 42 period between August 1, 1953, and December 31, 1987, and were exposed to the contaminated<\/p>\n water at or from Camp Lejeune.<\/p>\n 207. Each Plaintiff\u2019s exposure to water at or from Camp Lejeune totaled not less than 30<\/p>\n days between August 1, 1953, and December 31, 1987.<\/p>\n 208. The water Plaintiffs were exposed to at or from Camp Lejeune during this time was<\/p>\n supplied by, or on behalf of, Defendant United States.<\/p>\n 209. The water Plaintiffs were exposed to at or from Camp Lejeune was polluted and<\/p>\n contaminated with chemicals and volatile organic compounds including but not limited to PCE,<\/p>\n TCE, DCE, vinyl chloride, and benzene.<\/p>\n 210. As a result of Plaintiffs\u2019 exposure to polluted and contaminated water at or from<\/p>\n Camp Lejeune, Plaintiffs suffered and will continue to suffer serious harm or Plaintiffs have died.<\/p>\n 211. This harm was caused by exposure to the water at or from Camp Lejeune.<\/p>\n 212. There is ample scientific evidence demonstrating that exposure to the contaminated<\/p>\n water at or from Camp Lejeune meets an equipoise or greater standard of causation for Plaintiffs\u2019<\/p>\n injuries or death.<\/p>\n 213. Plaintiffs have filed administrative claims with the Navy addressing the issues<\/p>\n raised in their Short Form Complaints. Plaintiffs\u2019 administrative claims have either (a) received a<\/p>\n final denial or (b) been deemed a final denial because six months have passed since the claims<\/p>\n were filed with the Navy and they remain without a final disposition.<\/p>\n 214. Under the CLJA, Plaintiffs suffered harm or death as a result of exposure to the<\/p>\n water at or from Camp Lejeune and are entitled to appropriate relief.<\/p>\n 43 Plaintiffs respectfully request that the Court enter judgment against the United States under<\/p>\n the CLJA and award damages and all other appropriate relief for the harm that they have endured<\/p>\n as a result of exposure to contaminated and unsafe water at or from Camp Lejeune, including but<\/p>\n not limited to personal injuries or death, along with all related costs and damages.<\/p>\n VIII. JURY TRIAL DEMAND<\/p>\n Pursuant to Fed. R. Civ. P. 38 and CLJA \u00a7 804(d), Plaintiffs demand a trial by jury.<\/p>\n Dated: October 6, 2023<\/p>\n Respectfully submitted,<\/p>\n \/s\/ J. Edward Bell, III \/s\/ Zina Bash Lead Counsel for Plaintiffs Co-Lead Counsel for Plaintiffs and \/s\/ Elizabeth J. Cabraser \/s\/ W. Michael Dowling Co-Lead Counsel for Plaintiffs Co-Lead Counsel for Plaintiffs<\/p>\n 44 \/s\/ Mona Lisa Wallace Co-Lead Counsel for Plaintiffs<\/p>\n \/s\/ Hugh R. Overholt \/s\/ A. Charles Ellis Liaison Counsel Liaison Counsel<\/p>\n 45 Newsletter<\/p>\n Sign up to receive the Free Law Project newsletter with tips and announcements.<\/p>\n","protected":false},"excerpt":{"rendered":"IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION No. 7:23-CV-897 IN RE: PLAINTIFFS\u2019 MASTER COMPLAINT CAMP LEJEUNE WATER LITIGATION Jury Trial Demanded This Document Relates to: ALL CASES I. INTRODUCTION 1. This Complaint arises under the Camp Lejeune Justice Act of 2022 (\u201cCLJA\u201d)1 and is filed pursuant to… View Article<\/a>","protected":false},"author":1,"featured_media":23094,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[501],"tags":[],"acf":[],"_links":{"self":[{"href":"https:\/\/lawsuitlegit.com\/wp-json\/wp\/v2\/posts\/23093"}],"collection":[{"href":"https:\/\/lawsuitlegit.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lawsuitlegit.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lawsuitlegit.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lawsuitlegit.com\/wp-json\/wp\/v2\/comments?post=23093"}],"version-history":[{"count":10,"href":"https:\/\/lawsuitlegit.com\/wp-json\/wp\/v2\/posts\/23093\/revisions"}],"predecessor-version":[{"id":23111,"href":"https:\/\/lawsuitlegit.com\/wp-json\/wp\/v2\/posts\/23093\/revisions\/23111"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lawsuitlegit.com\/wp-json\/wp\/v2\/media\/23094"}],"wp:attachment":[{"href":"https:\/\/lawsuitlegit.com\/wp-json\/wp\/v2\/media?parent=23093"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lawsuitlegit.com\/wp-json\/wp\/v2\/categories?post=23093"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lawsuitlegit.com\/wp-json\/wp\/v2\/tags?post=23093"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\nPub. L. No. 117\u2013168, title VIII, \u00a7 804 (2022) (one section under the broader \u201cHonoring our PACT Act of 2022\u201d).<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 1 of 45
\nas many as one million people may have been exposed to this water, including service members,<\/p>\n
\nSee William R. Levesque, Veterans Dep\u2019t, St. Lawrence Cnty., Camp Lejeune Water Contamination History (Oct.
\n18, 2009), https:\/\/stlawco.org\/Departments\/Veterans\/CampLejeuneWaterContaminationHistory (last visited Jun. 27,
\n2023).
\n3
\nSee, e.g., Agency for Toxic Substances and Disease Registry (ATSDR), Ctrs. for Disease Control and Prevention,
\nDep\u2019t of Health and Hum. Servs., ATSDR Assessment of the Evidence for the Drinking Water Contaminants at Camp
\nLejeune and Specific Cancers and Other Diseases 13 (Jan. 13, 2017) (\u201cATSDR Evidence Assessment\u201d), available at
\nhttps:\/\/www.atsdr.cdc.gov\/sites\/lejeune\/docs\/ATSDR_summary_of_the_evidence_for_causality_TCE_PCE_508.pdf
\n(last visited Jun. 27, 2023).<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 2 of 45
\n9. On August 10, 2022, the CLJA was signed into law. After many years of having no<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 3 of 45
\nII. NATURE OF THIS MASTER COMPLAINT<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 4 of 45
\nof an individual complaint. Plaintiffs\u2019 claim numbers are unavailable because the Department of<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 5 of 45
\nIn 1942, the base was named Marine Barracks Camp Lejeune, and renamed Marine Corps Base<\/p>\n
\nU.S. Marine Corps, Camp Lejeune Drinking Water System Service Areas, https:\/\/clnr.hqi.usmc.mil\/clwater\/pages\/
\nmap.aspx (last visited Jun. 26, 2023).<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 6 of 45
\n24. Each of these water distribution systems received water from its individual water<\/p>\n
\nU.S. Marine Corps, Camp Lejeune Water System, https:\/\/clnr.hqi.usmc.mil\/clwater\/pages\/WaterSystem.aspx (last
\nvisited Jun. 27, 2023).
\n6
\nStudy of Two Water Plants, Tarawa Terrace \u2013 Montford Point (April 1979), at 1, available at https:\/\/tftptf.com\/CLW_
\nDocs\/CLW0188.pdf (last visited Jun. 27, 2023).<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 7 of 45
\n26. The following map (\u201cWell Map\u201d) shows the locations of certain supply wells within<\/p>\n
\nMorris L. Maslia et al., Reconstructing Historical VOC Concentrations in Drinking Water for Epidemiological
\nStudies at a U.S. Military Base: Summary of Results, 8 Water 449 (2016), available at https:\/\/pubmed.ncbi.nlm.nih.
\ngov\/28868161\/#&gid=article-figures&pid=figure-1-uid-0 (last visited Jun. 27, 2023).<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 8 of 45
\n27. There were times when the demand in one water distribution system exceeded the<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 9 of 45
\n31. Units of parts-per-billion (\u201cppb\u201d) are used in measuring water contamination. A<\/p>\n
\nOkla. Dep\u2019t Env\u2019t Quality, Test Result Interpretation, https:\/\/www.deq.ok.gov\/state-environmental-laboratory-
\nservices\/technical-assistance\/test-result-interpretation\/ (last visited Jun. 27, 2023).<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 10 of 45
\n1. HADNOT POINT<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 11 of 45
\nhousing, Paradise Point cracker box housing, Paradise Point Cape Cod housing, Paradise Point<\/p>\n
\nTTHM Surveillance Report Form (Collected Oct. 21, 1980), available at https:\/\/tftptf.com\/CLW_Docs\/CLW
\n0436.pdf (last visited Jun. 27, 2023).
\n10
\nTTHM Surveillance Report Form (Collected Feb. 26, 1981), available at https:\/\/tftptf.com\/CLW_Docs\/CLW
\n0443.pdf (last visited Jun. 27, 2023).<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 12 of 45
\n49. In 1982, the United States retained Grainger Laboratories (\u201cGrainger\u201d) as a<\/p>\n
\nSee May 6, 1982, Call Notes, available at https:\/\/tftptf.com\/CLW_Docs\/CLW0542.pdf (last visited Jun. 27, 2023).
\n12
\nSee Volatile Organic Chemical Analysis Reports, at *2, available at https:\/\/tftptf.com\/CLW_Docs\/CLW5237.pdf
\n(last visited Aug. 28, 2023).<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 13 of 45
\ncontained high levels of TCE, revealing that Hadnot Point water was still contaminated. The<\/p>\n
\nFeb. 26, 1985, Chronology prepared by Elizabeth Betz, available at https:\/\/tftptf.com\/CLW_Docs\/CLW4546.pdf
\n(last visited Aug. 27, 2023).
\n14
\nId.
\n15
\nSee Volatile Organic Chemical Analysis Reports, at *30, available at https:\/\/tftptf.com\/CLW_Docs\/CLW5237.pdf
\n(last visited Aug. 28, 2023).
\n16
\nAnalysis of Drinking Water Systems Aboard Camp Lejeune\/MCAS, New River (Jan. 24, 1986), available at
\nhttps:\/\/tftptf.com\/CLW_Docs\/CLW1406.pdf (last visited Jun. 27, 2023).
\n17
\nSee Review of N.A.C.I.P. Program, Marine Corps Base, Camp Lejeune (Jan. 21, 1987), at *6, available at
\nhttps:\/\/tftptf.com\/CLW_Docs\/CLW4963.pdf (last visited Jun. 27, 2023).<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 14 of 45
\n66. On February 5, 1987, a project was proposed to replace and relocate the leaking<\/p>\n
\nSee Response to Documented Groundwater Contamination at Hadnot Point Fuel Farm (May 18, 1988), available
\nat https:\/\/tftptf.com\/CLW_Docs\/CLW1737.pdf (last visited Jun. 27, 2023).
\n19
\nConstruction Contract 89-B-2611, Temporary Fuel Farm (Aug. 9, 1989), at 33-34, available at
\nhttps:\/\/www.tftptf.com\/CERCLA\/00096.pdf (last visited Jun. 27, 2023).
\n20
\nSee Contaminated Ground Water Study, Marine Corps Base Camp Lejeune, N.C., Hadnot Point Area (December
\n1988), at 11, 14, available at https:\/\/www.tftptf.com\/CERCLA\/00417.pdf (last visited Jun. 27, 2023).
\n21
\nSee Agency for Toxic Substances and Disease Registry (ATSDR), Ctrs. for Disease Control and Prevention, Dep\u2019t
\nof Health and Hum. Servs., Public Health Assessment for Camp Lejeune Drinking Water 9 (Jan. 20, 2017) (\u201cATSDR
\n2017 PHA\u201d), available at https:\/\/www.atsdr.cdc.gov\/HAC\/pha\/MarineCorpsBaseCampLejeune\/Camp_Lejeune_
\nDrinking_Water_PHA(final)_%201-20-2017_508.pdf (last visited Jun. 27, 2023).<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 15 of 45
\naverage of more than 21,000 gallons of fuel were lost into the soil each year, suggests that benzene<\/p>\n
\nH.R. Rep. No. 111-108 (Sept. 16, 2010), at 6, available at https:\/\/www.govinfo.gov\/content\/pkg\/CHRG-
\n111hhrg58485\/pdf\/CHRG-111hhrg58485.pdf (last visited Jun. 27, 2023).
\n23
\nSee Agency for Toxic Substances and Disease Registry (ATSDR), Ctrs. for Disease Control and Prevention, Dep\u2019t
\nof Health and Hum. Servs., Camp Lejeune, Background (page last reviewed Jan. 16, 2014),
\nhttps:\/\/www.atsdr.cdc.gov\/sites\/lejeune\/background.html (last visited Jun. 27, 2023).<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 16 of 45
\nbox housing, Paradise Point Cape Cod housing, Paradise Point Capehart housing, Watkins Village,<\/p>\n
\nSee Agency for Toxic Substances and Disease Registry (ATSDR), Ctrs. for Disease Control and Prevention, Dep\u2019t
\nof Health and Hum. Servs., Analyses and Historical Reconstruction of Groundwater Flow, Contaminant Fate
\nTransport, and Distribution of Drinking Water Within the Service Areas of the Hadnot Point and Holcomb Boulevard
\nWater Treatment Plants and Vicinities, U.S. Marine Corps Base Camp Lejeune, North Carolina, Chapter A: Summary
\nand Findings (March 2013) (\u201cATSDR Reconstruction\u201d), at A67, available at https:\/\/www.atsdr.cdc.gov\/sites\/lejeune\/
\ndocs\/chapter_A_hadnotpoint.pdf (last visited Jun. 27, 2023).
\n25
\nATSDR Reconstruction at A68.<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 17 of 45
\n79. The official position of the United States is that occasions where Hadnot Point<\/p>\n
\nATSDR Reconstruction at A13.
\n27
\nATSDR Reconstruction at A64.<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 18 of 45
\n85. In 1952, construction was completed on a new Camp Lejeune subdivision named<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 19 of 45
\n91. The United States has conceded that estimated PCE levels were above current<\/p>\n
\nATSDR Reconstruction App\u2019x A2 at A83-A93, available at https:\/\/www.atsdr.cdc.gov\/sites\/lejeune\/docs\/Re
\nconstructed%20TTWTP%20Concentrations_ATSDR_Chapter%20A%20Report_Camp%20Lejeune.pdf (last visited
\nJun. 27, 2023).
\n29
\nAlternatives for Providing Water to the Tarawa Terrace Area (Mar. 1, 1985), available at
\nhttps:\/\/tftptf.com\/CLW_Docs\/CLW1129.pdf (last visited Jun. 27, 2023).
\n30
\nATSDR Reconstruction App\u2019x A2 at A93, available at https:\/\/www.atsdr.cdc.gov\/sites\/lejeune\/docs\/Re
\nconstructed%20TTWTP%20Concentrations_ATSDR_Chapter%20A%20Report_Camp%20Lejeune.pdf (last visited
\nJun. 27, 2023).
\n31
\nInadequate Raw Water Supply at Tarawa Terrace and Camp Johnson (Mar. 30, 1983), available at https:\/\/tftptf
\n.com\/CLW_Docs\/CLW0707.pdf (last visited Jun. 27, 2023).<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 20 of 45
\n97. The Tarawa Terrace water distribution system and Camp Johnson water<\/p>\n
\nAgency for Toxic Substances and Disease Registry (ATSDR), Ctrs. for Disease Control and Prevention, Dep\u2019t of
\nHealth and Hum. Servs., Twenty-Seventh Meeting of Camp Lejeune Community Assistance Panel (CAP) Meeting
\nTranscript (Apr. 4, 2014), at 64, available at https:\/\/www.atsdr.cdc.gov\/sites\/lejeune\/docs\/transcript-4_14.pdf (last
\nvisited Jun. 27, 2023).
\n33
\nAgency for Toxic Substances and Disease Registry (ATSDR), Ctrs. for Disease Control and Prevention, Dep\u2019t of
\nHealth and Hum. Servs., Camp Lejeune Public Meeting (9-19-2020) \u2013 Q&A, at *42, available at https:\/\/www.
\natsdr.cdc.gov\/sites\/lejeune\/docs\/transcripts\/CAP-Public-meeting-QA-Sept-2020-508.pdf (last visited Jun. 27, 2023).<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 21 of 45
\n104. Upon information and belief, at all relevant times, contaminated water from the<\/p>\n
\nSee id.; see also Agency for Toxic Substances and Disease Registry (ATSDR), Ctrs. for Disease Control and
\nPrevention, Dep\u2019t of Health and Hum. Servs., Twenty-Sixth Meeting of Camp Lejeune Community Assistance Panel
\n(CAP) Meeting Transcript (Sep. 6, 2013), at 101, available at https:\/\/www.atsdr.cdc.gov\/sites\/lejeune\/docs\/CAP
\ntranscript_9_13.pdf (last visited Jun. 27, 2023).<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 22 of 45
\nmany or all of which were filled using contaminated water from the Hadnot Point water<\/p>\n
\nAgency for Toxic Substances and Disease Registry (ATSDR), Ctrs. for Disease Control and Prevention, Dep\u2019t of
\nHealth and Hum. Servs., Forty-Second Meeting of Camp Lejeune Community Assistance Panel (CAP) Meeting
\nTranscript (Apr. 24, 2019), available at https:\/\/www.atsdr.cdc.gov\/sites\/lejeune\/docs\/transcripts\/cap_april_2019_
\n508.pdf (last visited Jun. 27, 2023).
\n36
\nATSDR Evidence Assessment at 3.<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 23 of 45
\n5. ADDITIONAL WATER CONTAMINATION FACTS<\/p>\n
\nSee Am. Petroleum Inst., API Toxicological Review, Benzene 4 (Sept. 1948), available at https:\/\/fix
\nourfuel.com\/wp-content\/uploads\/2016\/05\/API-Benzene-Toxicology-Review-2.pdf (last visited Jun. 27, 2023).<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 24 of 45
\n119. Also in 1959, the Navy\u2019s Bureau of Medicine and Surgery (\u201cBUMED\u201d) issued<\/p>\n
\nBureau of Med. & Surgery, Dep\u2019t of the Navy, BUMED Instruction 6240.3A (Dec. 24, 1959), at 2, available at
\nhttps:\/\/tftptf.com\/CLW_Docs\/BUMED62403A.pdf (last visited Aug. 9, 2023).
\n39
\nBureau of Med. & Surgery, Dep\u2019t of the Navy, Manual of Naval Preventive Med., Chapter 5: Water Supply Ashore
\n(Aug. 1963), at 14, 32, 40, available at https:\/\/www.tftptf.com\/New_ATSDR1\/NAVMED_P-5010-5_1963.pdf (last
\nvisited Aug. 9, 2023).
\n40
\nBureau of Med. & Surgery, Dep\u2019t of the Navy, BUMED Instruction 6240.3B (Sept. 30, 1963), at 3, available at
\nhttps:\/\/tftptf.com\/CLW_Docs\/BUMED62403B.pdf (last visited Aug. 9, 2023).<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 25 of 45
\nonly 3 to 100 ppb of chlorinated hydrocarbons constituted grounds for rejection of the water<\/p>\n
\nLetter from J.G. Leech to Charles E. Rundgren (Feb. 28, 1978), available at https:\/\/tftptf.com\/CLW_Docs\/
\nCLW0176.pdf (last visited Aug. 9, 2023).
\n42
\nStudy of Two Water Plants, Tarawa Terrace \u2013 Montford Point (April 1979), at 2, available at https:\/\/tftptf.com\/CLW
\n_Docs\/CLW0188.pdf (last visited Jun. 27, 2023).
\n43
\nId.<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 26 of 45
\n127. In March of 1980, the State of North Carolina assumed primary enforcement<\/p>\n
\nJennings Lab\u2019ys, Inc., Certificate of Analysis (Oct. 31, 1980), available at https:\/\/tftptf.com\/CLW_Docs\/
\nCLW0430.pdf (last visited Aug. 9, 2023).
\n45
\nTTHM Surveillance Report Form (Collected Oct. 21, 1980), available at https:\/\/tftptf.com\/CLW_Docs\/
\nCLW0436.pdf (last visited Aug. 9, 2023).
\n46
\nTTHM Surveillance Report Form (Collected Dec. 29, 1980), available at https:\/\/tftptf.com\/CLW_Docs\/
\nCLW0438.pdf (last visited Aug. 9, 2023).<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 27 of 45
\n132. On February 26, 1981, more samples were taken. In the results analyzed on March<\/p>\n
\nTTHM Surveillance Report Form (Collected Feb. 26, 1981), available at https:\/\/tftptf.com\/CLW_Docs\/
\nCLW0443.pdf (last visited Aug. 9, 2023).
\n48
\nLetter from C.G. Cooper, Major Gen. U.S. Marine Corps, to Charles E. Rundgren (Aug. 27, 1981), available at
\nhttps:\/\/tftptf.com\/CLW_Docs\/CLW6124.pdf (last visited Aug. 9, 2023).
\n49
\nMemorandum from Officer in Charge, Dept. of the Navy, to Distribution (Jan. 14, 1982), available at https:\/\/
\ntftptf.com\/CLW_Docs\/CLW0455.pdf (last visited Aug. 9, 2023).
\n50
\nMemorandum from Ms. Betz, Quality Control Lab, Envt\u2019l. Section (Apr. 26, 1982), available at https:\/\/tftptf.
\ncom\/CLW_Docs\/CLW0537.pdf (last visited Aug 9, 2023).
\n51
\nMemorandum of Grainger Lab Call (May 6, 1982), available at https:\/\/tftptf.com\/CLW_Docs\/CLW0542.pdf (last
\nvisited Aug 9, 2023).<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 28 of 45
\n137. On July 28, 1982, additional samples were taken from Hadnot Point and Tarawa<\/p>\n
\nLetter from Bruce A. Babson, Chemist to Commanding Gen. Marine Corps (Aug. 10, 1982), available at https:\/\/tftptf
\n.com\/CLW_Docs\/CLW0592.pdf (last visited Aug 9, 2023).
\n53
\nMemorandum from Ms. Betz, Quality Control Lab, Envt\u2019l. Section (July 29, 1982), available at https:\/\/tftptf.com\/
\nCLW_Docs\/CLW0587.pdf (last visited Aug 9, 2023).
\n54
\nMemorandum from Ms. Betz, Quality Control Lab, Envt\u2019l. Section (Aug. 18, 1982), available at https:\/\/tftptf.com\/
\nCLW_Docs\/CLW0605.pdf (last visited Aug 9, 2023).<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 29 of 45
\n141. On August 25, 1982, the Commanding General of Camp Lejeune sent a letter via<\/p>\n
\nLetter from Commanding Gen. to Officer-in-Charge, Naval Energy and Envt\u2019l. Support Activity (Aug. 25, 1982),
\navailable at https:\/\/tftptf.com\/CLW_Docs\/CLW6332.pdf (last visited Aug 9, 2023).
\n56
\nLetter from Assistant Chief of Staff, Facilities to Base Maintenance Officer (Oct. 1, 1982), available at https:\/\/
\ntftptf.com\/CLW_Docs\/CLW3882.pdf (last visited Aug 9, 2023).
\n57
\nTrihalomethane Sampling Form (Collected Nov. 29, 1982), available at https:\/\/tftptf.com\/CLW_Docs\/CLW
\n0688.pdf (last visited Aug 9, 2023).
\n58
\nLetter from Bruce A. Babson, Chemist, Grainger Laboratories, to Commanding General, Marine Corps Base (Dec.
\n9, 1982), available at https:\/\/tftptf.com\/CLW_Docs\/CLW0691.pdf (last visited Aug 9, 2023).
\n59
\nMemorandum from Ms. Betz, Quality Control Lab, Envt\u2019l. Section, to Mr. Sharpe, Supervisory Ecologist, Envt\u2019l.
\nSection (Dec. 21, 1982), available at https:\/\/tftptf.com\/CLW_Docs\/CLW0698.pdf (last visited Aug 9, 2023).<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 30 of 45
\n144. On December 13, 1982, the North Carolina Division of Health Services sent a letter<\/p>\n
\nLetter from Gary D. Babb, Geologist, State of N. Carolina to Commanding General, U.S. Marine Corps (Dec. 13,
\n1982), available at https:\/\/tftptf.com\/CLW_Docs\/CLW3993.pdf (last visited Aug 9, 2023).
\n61
\nTrihalomethane Sampling Form (Collected Feb. 24, 1983), available at https:\/\/tftptf.com\/CLW_Docs\/CLW
\n6393.pdf (last visited Aug 9, 2023).
\n62
\nLetter from Bruce A. Babson, Chemist, Grainger Laboratories, to Commanding General, Marine Corps Base
\n(March 16, 1983), available at https:\/\/tftptf.com\/CLW_Docs\/CLW6393.pdf (last visited Aug 9, 2023).
\n63
\nMemorandum from Commander, Atlantic Div. to Commander General Marine Corps Base (Apr. 14, 1983),
\navailable at https:\/\/tftptf.com\/CLW_Docs\/CLW6141.pdf (last visited Aug 9, 2023).
\n64
\nLetter from Bruce A. Babson, Laboratory Supervisor, Grainger Laboratories, to Commanding General, Marine
\nCorps Base (June 15, 1983), available at https:\/\/tftptf.com\/CLW_Docs\/CLW6380.pdf (last visited Aug 9, 2023).<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 31 of 45
\n149. On June 1, 1983, the Facilities Assistant Chief of Staff sent a letter to the North<\/p>\n
\nLetter from J.T. Marshall, Colonel, U.S. Marine Corps, to Charles E. Rundgren, Head, Div. of Health Services
\n(June 1, 1983), available at https:\/\/tftptf.com\/CLW_Docs\/CLW0934.pdf (last visited Aug 9, 2023).
\n66
\nLetter from Wm. Larry Elmore, Envt\u2019l. Eng\u2019r, Div. of Health Services, to J.T. Marshall, Colonel, U.S. Marine (June
\n21, 1982), available at https:\/\/tftptf.com\/CLW_Docs\/CLW0940.pdf (last visited Aug 9, 2023).
\n67
\nTrihalomethane Sampling Form (Collected July 27, 1983), available at https:\/\/tftptf.com\/CLW_Docs\/CLW6377.pdf
\n(last visited Aug 9, 2023).
\n68
\nId.
\n69
\nTrihalomethane Info Form (Aug. 25, 1983), available at https:\/\/tftptf.com\/CLW_Docs\/CLW0949.pdf (last visited
\nAug 9, 2023).
\n70
\nLetter from Bruce A. Babson, Laboratory Supervisor, Grainger Laboratories, to Commanding General, Marine
\nCorps Base (Aug. 29, 1983), available at https:\/\/tftptf.com\/CLW_Docs\/CLW0952.pdf (last visited Aug 9, 2023).<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 32 of 45
\n153. On December 12, 1983, the Facilities Assistant Chief of Staff sent a response letter<\/p>\n
\nLetter from M.G. Lilley, Colonel, U.S. Marine Corps, to Charles E. Rundgren, Div. of Health Services (Dec. 12,
\n1983), available at https:\/\/tftptf.com\/CLW_Docs\/CLW6348.pdf (last visited Aug 9, 2023).
\n72
\nId.
\n73
\nLetter from Charles E. Rundgren, Head, Div. of Health Services, to Colonel M.G. Lilley, U.S. Marine Corps (Jan.
\n20, 1984), available at https:\/\/tftptf.com\/CLW_Docs\/CLW0977.pdf (last visited Aug 9, 2023).<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 33 of 45
\n158. Also in July of 1984, the United States collected samples from eight wells in the<\/p>\n
\nMemorandum from Utilities Systems General Forman to Director, Utilities Branch (July 27, 1987), available at
\nhttps:\/\/tftptf.com\/CLW_Docs\/CLW4971.pdf (last visited Aug 9, 2023).
\n75
\nTelephone Conversation Record (Dec. 6, 1984), available at https:\/\/www.tftptf.com\/CERCLA\/00250.pdf (last
\nvisited Aug 9, 2023).
\n76
\nHadnot Point Water Treatment Plant Results (Dec. 4, 1984), available at https:\/\/tftptf.com\/CLW_Docs\/CLW
\n1054.pdf (last visited Aug 9, 2023).
\n77
\nId.
\n78
\nMemorandum from M.P. Bell, Regional Eng\u2019r, Div. of Health Services, to Charles E. Rundgren, Head, Div. of
\nHealth Services (Dec. 11, 1984), available at https:\/\/tftptf.com\/CLW_Docs\/CLW1051.pdf (last visited Aug 9, 2023).<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 34 of 45
\n163. On December 4, 1984, even more samples were collected from supply wells in the<\/p>\n
\nId.
\n80
\nGlobe Staff, Camp Lejeune water testing underway, The Globe (Dec. 12, 1984), available at https:\/\/www.tftptf
\n.com\/CERCLA\/00523.pdf (last visited Aug 9, 2023).
\n81
\nSummary of VOC, Chloride, and Flouride Analysis for Hadnot Point and Holcomb Blvd., available at https:\/\/tftptf
\n.com\/CLW_Docs\/CLW1647.pdf (last visited Aug 9, 2023).
\n82
\nEnvironmental Science and Engineering, Inc., Evaluation of Data from First Round of Verification of Sample
\nCollection and Analysis (Jan. 14, 1985), available at https:\/\/tftptf.com\/Misc\/Timeline_Linked_March_2012.pdf (last
\nvisited Aug 9, 2023).<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 35 of 45
\nclosed at this time. Supply well TT-23 was also closed at this time, but only temporarily. Due to a<\/p>\n
\nOperator Log (Jan. 27, 1985), available at https:\/\/tftptf.com\/CLW_Docs\/CLW4514.pdf (last visited Aug 9, 2023).
\n84
\nChronology (Feb. 26, 1985), available at https:\/\/tftptf.com\/CLW_Docs\/CLW4546.pdf (last visited Aug 9, 2023).
\n85
\nId.
\n86
\nOperator Log (Jan. 27, 1985), available at https:\/\/tftptf.com\/CLW_Docs\/CLW4514.pdf (last visited Aug 9, 2023).
\n87
\nChronology (Feb. 26, 1985), available at https:\/\/tftptf.com\/CLW_Docs\/CLW4546.pdf (last visited Aug 9, 2023).
\n88
\nReport #17 Laboratory Analysis on Naval Samples (Feb. 6, 1985), available at https:\/\/tftptf.com\/CLW_Docs\/CLW
\n5594.pdf (last visited Aug 9, 2023).
\n89
\nId.<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 36 of 45
\n651 was closed at this time.90 Supply wells HP-652 and HP-653 also showed contamination in<\/p>\n
\nChronology (Feb. 26, 1985), available at https:\/\/tftptf.com\/CLW_Docs\/CLW4546.pdf (last visited Aug 9, 2023).
\n91
\nId.
\n92
\nAnalysis Report (Feb. 7, 1985), available at https:\/\/tftptf.com\/CLW_Docs\/CLW5369.pdf (last visited Aug 9, 2023).
\n93
\nWell History (Feb. 8, 1985), available at https:\/\/tftptf.com\/CLW_Docs\/CLW5095.pdf (last visited Aug 9, 2023).
\n94
\nG C Report Sheet (Feb. 22, 1985), available at https:\/\/tftptf.com\/CLW_Docs\/CLW4533.pdf (last visited Aug 9,
\n2023).
\n95
\nAction Brief from M.G. Lilley (Mar. 1, 1985), available at https:\/\/tftptf.com\/CLW_Docs\/CLW1129.pdf (last visited
\nAug 9, 2023).
\n96
\nVolatile Organic Chemical Analysis Reports (Mar. 8, 1985), available at https:\/\/tftptf.com\/Misc\/Timeline_Linked
\n_March_2012.pdf (last visited Aug 9, 2023).<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 37 of 45
\n178. On March 21, 1985, a meeting was held to discuss the options to address the water<\/p>\n
\nMeeting Notes: Volatile Organic Chemicals (VOC) in the Camp Lejeune Water Supply (Mar. 21, 1985), available
\nat https:\/\/tftptf.com\/CLW_Docs\/CLW6596.pdf (last visited Aug 9, 2023).
\n98
\nMemorandum from Director, Natural Resources and Environmental Affairs Division, to Environmental Engineer,
\nFacilities Department (Jan. 24, 1986), available at https:\/\/tftptf.com\/CLW_Docs\/CLW1406.pdf (last visited Aug 9,
\n2023).
\n99
\nId.
\n100
\nId.<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 38 of 45
\n185. Over the years and decades that followed, there have been a number of significant<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 39 of 45
\ngallons had been lost. This newly found data was a major factor leading to the retraction of the<\/p>\n
\nH.R. Rep. No. 111-108 (2010), at 6, available at https:\/\/www.govinfo.gov\/content\/pkg\/CHRG-111hhrg58485\/pdf\/
\nCHRG-111hhrg58485.pdf (last visited Aug. 9, 2023).
\n102
\nCompare Agency for Toxic Substances and Disease Registry (ATSDR), Ctrs. for Disease Control and Prevention,
\nDep\u2019t of Health and Hum. Servs., Chemicals at Camp Lejeune (FAQs), https:\/\/www.atsdr.cdc.gov\/
\nsites\/lejeune\/faq_chemicals.html (last visited Jun. 27, 2023) (\u201cThe maximum level [of PCE] detected in
\ndrinking water was 215 parts per billion\u2026\u201d) with ATSDR Reconstruction App\u2019x A2 at A92, available at
\nhttps:\/\/www.atsdr.cdc.gov\/sites\/lejeune\/docs\/Reconstructed%20TTWTP%20Concentrations_ATSDR_Chapter%20
\nA%20Report_Camp%20Lejeune.pdf (last visited Jun. 27, 2023) (highest simulated PCE level in Tarawa Terrace
\nfinished water was 182.13 ppb); compare Agency for Toxic Substances and Disease Registry (ATSDR), Ctrs. for
\nDisease Control and Prevention, Dep\u2019t of Health and Hum. Servs., Chemicals at Camp Lejeune (FAQs),
\nhttps:\/\/www.atsdr.cdc.gov\/sites\/lejeune\/faq_chemicals.html (last visited Jun. 27, 2023) (\u201cThe maximum level [of
\nTCE] detected in drinking water was 1,400 [ppb]\u2026\u201d) with ATSDR Reconstruction App\u2019x A7 at A168, available at
\nhttps:\/\/www.atsdr.cdc.gov\/sites\/lejeune\/docs\/Reconstructed%20HPWTP%20Concentrations_ATSDR_Chapter%20
\nA%20Report_Camp%20Lejeune.pdf (last visited Jun. 27, 2023) (highest simulated TCE level in Hadnot Point
\nfinished water was 783 ppb); compare H.R. Rep. No. 111-108 (Sept. 16, 2010), at 35, available at
\nhttps:\/\/www.govinfo.gov\/content\/pkg\/CHRG-111hhrg58485\/pdf\/CHRG-111hhrg58485.pdf (last visited Jun. 27,
\n2023). (\u201c...the treated water at the Hadnot Point [water treatment plant] was sampled and found to contain benzene in
\nthe extreme amount of 2,500 ppb.\u201d) with ATSDR Reconstruction App\u2019x A7 at A168, available at
\nhttps:\/\/www.atsdr.cdc.gov\/sites\/lejeune\/docs\/Reconstructed%20HPWTP%20Concentrations_ATSDR_Chapter%20
\nA%20Report_Camp%20Lejeune.pdf (last visited Jun. 27, 2023) (highest simulated benzene level in Hadnot Point
\nfinished water was 12 ppb).<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 40 of 45
\nB. PLAINTIFFS\u2019 INJURIES<\/p>\n
\nSee generally ATSDR Evidence Assessment.<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 41 of 45
\n200. Moreover, there is ample scientific evidence as of today demonstrating that<\/p>\n
\nStates Code), or the legal representative of such an individual, who resided, worked,
\nor was otherwise exposed (including in utero exposure) for not less than 30 days
\nduring the period beginning on August 1, 1953, and ending on December 31, 1987,
\nto water at Camp Lejeune, North Carolina, that was supplied by, or on behalf of,
\nthe United States may bring an action in the United States District Court for the
\nEastern District of North Carolina to obtain appropriate relief for harm that was
\ncaused by exposure to the water at Camp Lejeune.<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 42 of 45
\n206. Plaintiffs were on the Marine Corps base at Camp Lejeune sometime during the<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 43 of 45
\nVII. CLAIM FOR RELIEF<\/p>\n
\nJ. Edward Bell, III (admitted pro hac vice) Zina Bash (admitted pro hac vice)
\nBell Legal Group, LLC Keller Postman LLC
\n219 Ridge St. 111 Congress Avenue, Suite 500
\nGeorgetown, SC 29440 Austin, TX 78701
\nTelephone: (843) 546-2408 Telephone: 956-345-9462
\njeb@belllegalgroup.com zina.bash@kellerpostman.com<\/p>\n
\nGovernment Liaison Counsel<\/p>\n
\nElizabeth J. Cabraser (admitted pro hac vice) W. Michael Dowling (NC Bar No. 42790)
\nLieff Cabraser Heimann & Bernstein, LLP The Dowling Firm PLLC
\n275 Battery Street, 29th Floor Post Office Box 27843
\nSan Francisco, CA 94111 Raleigh, North Carolina 27611
\nTelephone: (415) 956-1000 Telephone: (919) 529-3351
\necabraser@lchb.com mike@dowlingfirm.com<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 44 of 45
\n\/s\/ Robin L. Greenwald \/s\/ James A. Roberts, III
\nRobin L. Greenwald (admitted pro hac vice) James A. Roberts, III (N.C. Bar No.: 10495)
\nWeitz & Luxenberg, P.C. Lewis & Roberts, PLLC
\n700 Broadway 3700 Glenwood Avenue, Suite 410
\nNew York, NY 10003 P. O. Box 17529
\nTelephone: 212-558-5802 Raleigh, NC 27619-7529
\nrgreenwald@weitzlux.com Telephone: (919) 981-0191
\njar@lewis-roberts.com
\nCo-Lead Counsel for Plaintiffs
\nCo-Lead Counsel for Plaintiffs<\/p>\n
\nMona Lisa Wallace (N.C. Bar No.: 009021)
\nWallace & Graham, P.A.
\n525 North Main Street
\nSalisbury, North Carolina 28144
\nTel: 704-633-5244
\nmwallace@wallacegraham.com<\/p>\n
\nHugh R. Overholt (NC Bar No. 016301) A. Charles Ellis (N.C. Bar No.: 010865)
\nWard and Smith P.A. Ward and Smith P.A.
\nPost Office Box 867 Post Office Box 8088
\nNew Bern, NC 28563-0867 Greenville, NC 27835-8088
\nTelephone: (252) 672-5400 Telephone: (252) 215-4000
\nhro@wardandsmith.com ace@wardandsmith.com<\/p>\n
\nCase 7:23-cv-00897-RJ Document 25 Filed 10\/06\/23 Page 45 of 45<\/p>\n