Toxic Water: Investigating Hexavalent Chromium Contamination and Legal Claims

Is your water safe? For millions of Americans, the answer is a disturbing “maybe.” While the Safe Drinking Water Act sets standards, emerging contaminants like hexavalent chromium, a known carcinogen, are raising serious concerns about the safety of our water and the potential for legal recourse. In 2022, the Environmental Working Group (EWG) revealed that tap water serving over 250 million people in the U.S. is contaminated with hexavalent chromium above levels deemed safe by scientists. This alarming statistic underscores the urgent need to understand the risks, investigate potential contamination, and explore available legal claims.

What is Hexavalent Chromium?

Hexavalent chromium, also known as chromium-6 (Cr(VI)), is a toxic form of the element chromium. Unlike trivalent chromium (chromium-3), which is an essential nutrient, hexavalent chromium is primarily man-made and a known human carcinogen. It’s used in various industrial processes, including:

Chrome plating
Stainless steel production
Leather tanning
Textile dyeing
Pigments for paints, inks, and plastics
Wood preservation

Hexavalent chromium can enter the environment through industrial discharge, leakage, poor storage, or inadequate waste disposal practices. It can also occur naturally through the erosion of chromium deposits, though this is less common.

The Health Risks of Hexavalent Chromium

Exposure to hexavalent chromium poses significant health risks, primarily through inhalation, ingestion, and skin contact. The most concerning health effect is cancer, particularly lung, nasal, and sinus cancers. Studies of workers in industries with high hexavalent chromium exposure have shown increased rates of lung cancer mortality.

Other adverse health effects associated with hexavalent chromium exposure include:

Respiratory Issues: Irritation and damage to the nose, throat, and lungs, potentially leading to ulcers and perforation of the nasal septum. Some individuals may develop asthma-like symptoms.
Skin Problems: Dermatitis, skin ulcers (“chrome ulcers”), and allergic reactions. Allergic contact dermatitis can be long-lasting and more severe with repeated exposure.
Kidney and Liver Damage: Ingestion of hexavalent chromium can cause damage to these vital organs.
Eye Irritation and Damage: Exposure can lead to eye irritation and, in severe cases, damage.
Reproductive Issues: Some evidence suggests that higher exposures to hexavalent chromium may increase the risk of fertility problems.

It’s important to note that the severity of health effects can vary depending on the level and duration of exposure, as well as individual factors like age, genetics, and overall health.

The “Erin Brockovich” Legacy: Hinkley and Beyond

The dangers of hexavalent chromium gained national attention thanks to the 2000 film “Erin Brockovich,” which depicted the real-life story of a community in Hinkley, California, whose water supply was contaminated by Pacific Gas and Electric Company (PG&E). PG&E used hexavalent chromium to prevent rust in its natural gas compressor station, discharging wastewater into unlined ponds that leached into the groundwater.

The Hinkley case resulted in a \$333 million settlement for the affected residents. However, the legacy of Hinkley continues to this day. As of 2019, average hexavalent chromium levels for well water in Hinkley were still peaking at 100 times the maximum contaminant level (MCL) allowed in California.

The Hinkley case highlighted the potential for corporate negligence and the devastating consequences of water contamination. It also paved the way for increased awareness and legal action in other communities facing similar threats.

Current Regulations and Legal Standards

The U.S. Environmental Protection Agency (EPA) has set a maximum contaminant level (MCL) of 100 parts per billion (ppb) for total chromium in drinking water. This standard includes both hexavalent and trivalent chromium. However, many argue that this standard is not stringent enough to protect public health, as it doesn’t specifically address the increased risks associated with hexavalent chromium. The EPA is actively working on an Integrated Risk Information System (IRIS) assessment, which will include a comprehensive evaluation of potential health effects associated with exposure to hexavalent chromium.

Some states have taken action to set their own, more stringent standards for hexavalent chromium. California was the first state to establish an MCL for hexavalent chromium in drinking water, setting a limit of 10 ppb in 2014. However, this standard was later vacated by the courts and reestablished in 2024.

Investigating Potential Contamination

If you suspect that your water may be contaminated with hexavalent chromium, there are several steps you can take:

Contact Your Local Water Utility: Ask for information about their water testing procedures and results for chromium levels. Public water systems are required to test for total chromium.
Test Your Water: If you have a private well or are concerned about the accuracy of your utility’s testing, you can have your water tested by a state-certified laboratory.
Research Local Industries: Investigate whether there are any industries in your area that use or produce hexavalent chromium.
Review Public Records: Check with your local and state environmental agencies for any reports of hexavalent chromium contamination in your area.

Legal Claims and Options

If you have been exposed to hexavalent chromium in your drinking water and have suffered adverse health effects, you may have legal claims against the responsible parties. Potential legal options include:

Personal Injury Lawsuits: You can file a lawsuit against the company or entity responsible for the contamination, seeking compensation for medical expenses, lost wages, pain and suffering, and other damages.
Class Action Lawsuits: If multiple people have been affected by the same contamination, a class action lawsuit may be an option.
Water Contamination Lawsuits: These lawsuits can be filed against manufacturers of products containing hexavalent chromium, alleging that they failed to warn consumers about the risks.

To pursue a legal claim, it’s crucial to gather evidence linking your exposure to hexavalent chromium to your health problems. This evidence may include:

Medical records documenting your diagnoses, treatments, and health issues
Proof of residence or employment in the contaminated area
Water testing results showing elevated levels of hexavalent chromium
Expert testimony from medical and environmental professionals

Seeking Legal Assistance

Navigating the complexities of water contamination and legal claims can be challenging. If you believe you have been harmed by hexavalent chromium contamination, it’s essential to seek legal assistance from an experienced personal injury attorney. A qualified attorney can:

Evaluate your case and determine the best course of action
Investigate the source and extent of the contamination
Gather evidence to support your claim
Negotiate with responsible parties and insurance companies
Represent you in court, if necessary

Protecting Yourself and Your Community

The threat of toxic water contamination is a serious issue that demands our attention. By understanding the risks of hexavalent chromium, investigating potential contamination, and exploring available legal claims, we can protect ourselves and our communities from the devastating consequences of corporate negligence and environmental pollution.

If you are concerned about hexavalent chromium contamination in your water, contact our firm today for a free consultation. We can help you understand your legal options and fight for the compensation you deserve.