SCIENTIST AS HISTORIAN OR HISTORIAN AS SCIENTIST: DEVELOPING USEFUL HISTORY FOR LITIGATION OF GROUNDWATER CONTAMINATION BY TCE

摘要

At present, the chlorinated solvent TCE (trichloroethylene) is known to be a widespread contaminant in groundwater and drinking water supplies derived from groundwater. This contamination resulted from releases to the subsurface environment by events or activities such as: intentional disposal of wastes containing TCE to the ground or subsurface; accidental releases of TCE products from leaks and spills during transport, storage or use; and, inadvertent releases of TCE products or wastes such as their leakage from municipal sewer systems or septic systems. The TCE contamination of groundwater that is the subject of today's concern and efforts resulted mostly from activities that occurred many decades ago, the key period being during the 1940s through 1970s. Since the late 1980s, questions about the historical knowledge related to groundwater contamination by TCE have arisen during various litigation matters. Cases have included litigation between providers of commercial insurance and their policy holders regarding whether policies should cover investigation and remedial costs for such contamination. Generally, policies would not cover such costs if the policy holder "expected or intended" at the time that damage would occur in the form of groundwater contamination. Other cases have involved plaintiffs claiming costs from other parties for personal injury or property damage resulting from the contamination. The defendants in such cases have included TCE users, suppliers, transporters and manufacturers of the solvents, and manufacturers of equipment that employed the solvents. In such cases, punitive damages may be applicable if the defendants did know or should have known at the time that their activities would result in harm or damage. Hence, it has become necessary to describe what was known about groundwater contamination by TCE over the years, since it came into common industrial use in the 1920s to 1930s.