A corporate defense attorney takes on an environmental lawsuit against a chemical company that exposes a lengthy history of pollution.
Based on the true story surrounding the development of Teflon, “Dark Waters” tracks the use of an associated chemical agent known as PFOA and its impact on local communities. The conflict between jobs and environmental concerns, between deep-pocketed corporations and individuals, take center stage in this thoughtful production.
Mark Ruffalo plays the real-life Robert Bilott, a corporate attorney who spent his early career working to guide negotiations between municipal agencies and industrial companies in the wake of Superfund legislation. Shortly after making partner at Taft Stettinius and Hollister, Bilott finds himself confronted by upset farmers – referred to him by his grandmother – insisting on an audience regarding mysterious animal ailments that local veterinarians cannot diagnose.
Bill Camp as Wilbur Tennant plays the suspicious and injured farmer trying to understand what killed 160 of his cows. Tennant indicates he tried to hire local lawyers to take the case forward, but no firm wanted to take on DuPont as an adversary.
The subsequent chain of events establishes an uncomfortable tension between Bilott and his wife Sarah, played by Anne Hathaway. As an attorney-turned-housewife, Hathaway serves up another spunky performance, standing faithfully by her husband despite mounting pressure to let the case go.
Tim Robbins as the corporate law firm’s managing director Tom Terp at first reluctantly supports Bilott’s efforts. During the ups and downs of the process, Terp struggles between pursuing the morally correct course of action while at the same time looking out for the firm’s financial condition.
Victor Garber as DuPont chief counsel Phil Donnelly demonstrates a beguiling, ultimately nefarious presence. He invariably exudes a polite demeanor, even as he works his deceitful machinations behind the scenes. Bill Pullman clocks in briefly as Harry Dietzler, a seasoned class action tort attorney possessing a well-honed folksy charm.
Expertly directed by Todd Haynes, “Dark Waters” follows a chronological format that, according to source material for the screenplay, begins in 1951. In the course of events, the faded frames and landscapes that resemble old photographs grow crisper and sharper as the film progresses, thus emphasizing the passage of time.
As background for the facts of the case, DuPont deposited sludge in the form of PFOA – a by-product of Teflon processing – into landfills and waterways. The company also emitted particulate waste matter into the atmosphere well beyond the boundaries of the plant site. The motivation to conceal such operations becomes clear – products manufactured using PFOA generated a billion dollars of annual profit for DuPont.
Bilott learns in the course of discovery that DuPont and other chemical companies conducted secret medical studies on PFOA as far back as the 1960s. Animal testing demonstrated that PFOA circulates in the blood of affected organisms through every organ, increasing the risk for several types of cancer. Despite the findings of internal research, DuPont never made the information publicly available.
The highly persistent, nearly indestructible chemical called PFOA (perfluorooctanoic acid) or C8, comprises a string of carbon atoms spliced intermittently with fluoride. While best known for use in Teflon, humans breathe and eat PFOA from many other sources besides non-stick cookware. Carpet fibers, microwave popcorn bags, ice cream cartons, pizza-slice paper and many other types of food packaging provide additional vehicles by which people unknowingly ingest PFOA. Because of its ubiquity, the manmade substance now inhabits essentially every living organism on the planet, humans included.
The narrative highlights the self-regulating nature of the chemical industry, where the E.P.A. often finds itself at a disadvantage. Lacking knowledge of toxicity for chemicals not specifically regulated, the E.P.A. defers to industry to develop guidelines regarding safe levels of exposure. Worse, companies like DuPont routinely fabricate other new untested alternative chemical agents exempted from regulation – at least until specific harm can be demonstrated. Of itself, this regulatory loophole serves as a reminder that the introduction of synthetic substances into the biosphere essentially constitutes uncontrolled experiments, where humans and animals become the unwitting subjects.
Echoes from both fictional and nonfictional accounts of legal and corporate skullduggery infuse the narrative in “Dark Waters.” Just a few in this excellent slate include “Erin Brockovich,” “Michael Clayton,” “Spotlight,” “Class Action,” and “Silkwood.”
Undergirding the film is the concept of what Pulitzer Prize-winning journalist Chris Hedges refers to as Sacrifice Zones, where elected officials and their corporate masters essentially write off and abandon ever-larger geographies of the U.S. as dumping grounds. In more than once instance, Ruffalo’s Bilott rages against the institutional barriers that block any sense of justice or fair play.
Legendary producer Christine Vachon, co-founder of Killer Films along with Pamela Koffler, Mark Ruffalo, and Jeff Skoll bring this important chronicle to the screen. By the end of the film, audiences should rightly be incensed that corporate power runs almost unbridled over the society it purports to serve. If banks have become too big to fail, many large corporations may have become too big to fight.
One might argue that the film doesn’t quite maintain spring-taut tension all the way through, as some scenes feel a tad overlong. In addition, as noted just before the closing credits, eventual individual jury awards of $1.6 million, followed by $5.1 million and finally $12.5 million motivated DuPont to settle the class action – the writing so clearly on the wall. DuPont and former subsidiary Chemours agreed to pay $671 million to resolve the outstanding 3,550 lawsuits. Seeing a re-creation of that final negotiation between DuPont and Bilott might have proved a bit more satisfying, heightening the dramatic effect. Nonetheless, “Dark Waters” presents a vital and compelling story – one well told, marvelously acted – that both enlightens and entertains.
In Theaters Wednesday, November 27th
