American Scandal - DuPont Chemical Cover-Up | Dry Run Creek | 1

Episode Date: July 19, 2022

While we used many sources in creating this season, key elements of the story were drawn from the book Exposure by Robert Bilott. We highly recommend it. You can buy the book here: https://bit.ly/3yUa7y6A devastating plague strikes a cattle farm in West Virginia. As he investigates the mystery, an attorney uncovers a secret that threatens a corporate empire.Need more American Scandal? With Wondery+, enjoy exclusive seasons, binge new seasons first, and listen completely ad-free. Start your free trial in the Wondery App, Apple Podcasts, Spotify or visit https://wondery.app.link/rUic7i1hMNb now.  See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Wondery Plus subscribers can binge new seasons of American Scandal early and ad-free right now. Join Wondery Plus in the Wondery app or on Apple Podcasts. It's April 6th, 1938. In a lab in Deepwater, New Jersey, Roy Plunkett lays out a series of glass beakers. He grabs a rubber hose and attaches it to a steel cylinder. And as he checks the readings on his equipment, he gets a brief flicker of excitement, the same feeling of thrill he gets every morning he walks into work. Plunkett is a chemist for DuPont, one of the largest chemical corporations in America. He's 27 years old and has only been with the company a couple of years. But with his

neatly parted hair and white button-down shirt, he likes to think he fits in and that he's doing his part to advance the world's understanding of chemistry. Of course, the work isn't easy. Recently, Plunkett has been trying to create a new type of refrigerant that can be used in products like air conditioners. The refrigerant needs to be safe and non-toxic, and it also needs to be viable to produce on an industrial scale, allowing DuPont to keep its edge in the industry. But so far, Plunkett hasn't made any big discovery, and after months of experiments, he's running out of options. Still, he knows there's nothing he can do except plow ahead and try yet again. Plunkett looks up as Jack Reebok, his assistant, enters the lab. Hey, Doc, what's on the agenda today? We trying TFE? That's right, Jack,

but I'm nervous. Tetrafluoroethylene, it's not easy to get a hold of. Gosh, it's expensive. It's tetrafluoroethylene. It's not easy to get a hold of. Gosh, it's expensive. Well, we've tried everything else. Oh, no. But maybe we'll get lucky. I mean, we've just got to keep pushing forward. Progress. That's the name of the game at DuPont. Plunkett nods, and the two men begin a familiar routine.

Reebok takes the hose, connected to the steel cylinder filled with TFE gas. Plunkett then connects the other end to the hose, connected to the steel cylinder filled with TFE gas. Plunkett then connects the other end to the reactor, a tank wherein the TFE will react with hydrochloric acid. All right, Jack, you check your connection? We ready? All right, let's release the gas. Reebok begins twisting a metal knob on the cylinder. But for some reason, they don't hear the hissing sound of gas being released.

Something wrong? This doesn't sound right. I don't know, Doc. Is the cylinder full? Maybe it's empty. No, no, no, I prepped the gas myself. Check again. Maybe there's something wrong with the valve. Reebok turns the valve again and looks back up. No, no, it looks like it's doing fine. Well, I'm sure there's gas in the tank.

Why isn't it coming out? I have no idea. What should we do? Well, let's have a look. Plunkett begins twisting a valve on the cylinder, getting ready to remove it. Hey, hey, if there's gas still in there, couldn't it cause an explosion? No, I don't think that's a risk. There's something else going on. I don't know what, but we have to take a look. Okay, but I'm going to step back. I don't want to lose an arm. Plunkett smiles, and as he pulls the valve off the cylinder, there's no explosion and no hiss. That's strange. With no idea what else to do, Plunkett begins shaking the cylinder upside

down, and a few tiny white flecks of white powder start raining down on the lab bench. What in the world is that stuff? I do not know. Plunkett runs a finger through the mysterious white powder. It's odd. He's never seen anything like it. But now he's curious. What could have caused the powder to form? The only way to get an answer is to take a look inside the metal cylinder, where the gas had been stored. So Plunkett grabs a hacksaw and starts cutting the cylinder in half. After several minutes of hard work, the metal cylinder splits open. And it reveals a stunning sight.

There's more of the white powder, but it's stuck together in a solid form, crystalline, and almost looks like a geode. Plunkett and his assistant exchange a look. This could be nothing, just a fluke. Or it could be a breakthrough. Either way, Plunkett has to find out. And so he and Reebok begin running a battery of tests. Over the next several hours, they discover that the white powder doesn't melt under extreme heat.

It doesn't dissolve in water. It seems chemically inert. And curiously, absolutely nothing will stick to it. Water, oil, solvents, everything just slides off. This is new and exciting. Plunkett leaves the lab, steps out into the cool spring air outside. His mind is racing. This mysterious white powder doesn't appear to be a refrigerant, and that means Plunkett hasn't completed his original task. But white powder doesn't appear to be a refrigerant, and that means Plunkett hasn't completed his original task. But maybe that doesn't matter, because this substance is

some kind of miracle, an unprecedented material that could revolutionize consumer products, and potentially make a fortune for DuPont. In the past decade, Boeing has been involved in a series of scandals and deadly crashes that have dented its once sterling reputation. At the center of it all, the 737 MAX. The latest season of Business Wars explores how Boeing allowed things to turn deadly and what, if anything, can save the company's reputation. Make sure to listen to Business Wars wherever you get your podcasts. From Mondery, I'm Lindsey Graham, and this is American Scandal. By the mid-20th century, industrial chemicals were being used to produce a dizzying array of consumer goods.

Products made with wood or steel were replaced with plastic, and Americans gained access to a bounty of inexpensive products made with synthetic materials, from the polyester used in sweaters to the artificial fragrances used in shampoos. These products are cheap and ubiquitous, and although they may have a low price tag, products made with synthetic materials often come with another cost, a hidden expense denominated in ruined lives, illness, and death. This is Episode 1, Dry Run Creek. It's July 7, 1996, in the rural community of Washington, West Virginia. Earl Tennant walks beside a bubbling creek.

The water snakes its way through banks of grass and past weeds and wildflowers. And when Tennant reaches a fence post, he stops to catch his breath. Tennant is tall and broad-shouldered. He's 54 years old and not in the best shape. But Tennant isn't worried about his own health. It's his cows he's concerned about. Tennant looks out at his herd of cattle grazing in a nearby field. He's got 200 cows on his land, a property that spans over 600 acres. It's a large operation, but Tennant knows every cow by name. He believes that's part of what it means to be a farmer, to be connected to the land and his livestock. And those values have been with

Tennant his entire life. His family has been on this land for generations, and he can't imagine living or dying anywhere else. But as Tennant looks out at his property this morning, he's got a painful reminder that something has gone terribly wrong. That's why he's going to record some evidence, proof that something is happening at his farm and that someone needs to be held

responsible. Tennant takes out his camcorder and hits record. As he gazes at his property, he begins describing the sights in front of him. Okay, I'm at the edge of the creek now. It's known as Dry Run. As you can see, the water's dark and filthy. And that over there, that big pipe on the other side, that's where all the dirty water comes from. Now, I'm going to zoom in so you can see the sign. It says Outfall. That's the DuPont company logo right there next to it. That pipe spits off runoff, and that runoff comes from DuPont's landfill just over there. Tennant turns his camera toward a landfill

off in the distance. Thirteen years ago, DuPont bought the land from Tenant's brother. The company started filling it with waste from a nearby chemical plant. That's when the problems started. See, DuPont says it's just trash from an office, but how would paper and scraps make water look like that? It's foaming, filthy. No one would ever want their livestock to drink water like that. Tenant turns, pointing the camera at a group of cattle. Those are my cows. You can see they don't look good, but I'll get closer. Oh, now here's another very sad sight. Tenant approaches a dead calf lying in a patch of grass. It's covered in flies. Foamy blood has dried around its nose and mouth, and its teeth are black. Gazing at the calf, Tennant swallows hard.

This calf died in pain. It must have been kicking right here, right next to its mother. Nothing the mother could do about it. I am sorry.'m sorry. I've lost about a hundred calves and fifty full-grown cattle just these last two years. Each and every one of them. It's like losing a family member. It's not the money I'm worried about. It's just... it hurts your heart to see. Tenant wipes his nose as he gazes at the dead calf. I'll cut her open and see what's going on. I've already done it a dozen times. You'll find tumors, organs with disease. There's always a strange smell, but there's no mystery what's killing them. It's in that filthy water, coming from that landfill. I know it.

And now it's time everyone else knows it too. Tennant's hand starts to shake as he feels with rage. He's made countless calls to the Division of Natural Resources, the Department of Environmental Protection, but the government bureaucrats have all given him the runaround. Even the state veterinarian won't come look at his herd. He's positive there's something going on, some kind of cover-up. DuPont's chemical plant is the main employer in the community, and they've got a lot of political power. And Tennant knows he's fighting a losing fight, and there's been so many times he's just felt like giving up. But every time he loses another one of his calves, Tennant feels the rage bubbling up all over again. And he reminds himself that he

can't sit around while his land and livestock are poisoned. Something has to change. Tennant walks back along the bubbling creek, heading toward his house. He doesn't know what it's going to take to clean up his water and save his land, but for now all he can do is file away this tape with all the others. He'll keep making phone calls and documenting evidence, and eventually he knows he'll find someone who will listen. evidence. And eventually, he knows, he'll find someone who will listen. Two years later, Robert Ballant weaves through a maze of cubicles. He's in the office of Taft, Stettinius, and Hollister, one of the most prestigious law firms in the country.

And as usual, the office is bustling, with junior associates rushing past, carrying stacks of files. Today, Ballant is also in a hurry. He's an attorney at the law firm, and he has a big case in front of him. He's got a lot of work to plow through before he can go home and see his wife and their new baby. The job can be stressful, but all in all, Balat has a good life. He's been with the firm eight years and has had his fair share of success. Right now, he's representing a multi-million dollar company that needs help navigating environmental regulations. It's Balat's job to help the company figure out how to clean up its pollution and avoid fines or any future lawsuits. Balat sits down at his desk, ready to dive back into some complicated work. But before he can, his phone rings. Balat pauses. He really can't afford to take a call.

He's got a mountain of work to get through. But the phone keeps ringing, and so Balot sighs and grabs the receiver. When he answers, he hears a voice with a thick Appalachian twang. The man on the other end of the line asks if this is Robbie Balot. Balot pauses. Robbie was his childhood nickname. He hasn't heard it in years. He has no idea who this might be. But Balot saysuses. Robbie was his childhood nickname. He hasn't heard it in years. He has no idea who this might be. But Balot says, yeah, this is Robbie. Who's calling? The man identifies himself as Earl Tennant.

He says he got his number from a friend of Balot's grandmother over in Parkersburg, West Virginia. Hearing the name of that small rural town, Balot gets a warm feeling of nostalgia. He loves Parkersburg. That's where he used to spend summer holidays with his grandmother. The two would go out and milk the cows, and then take hay rides at her friend's farm. Thinking back, those are some of Ballott's happiest memories. Before he can get any more lost in reminiscences, the man on the phone begins telling a long story. Tennant explains how his

cows are dying, that his creek has been poisoned, and that the DuPont Corporation is responsible for the pollution that fouled the water and is killing his cows. Ballott raises an eyebrow. DuPont is an enormous manufacturer of chemicals, and a lot like the clients Ballott's firm usually represents. He can't imagine a prominent company like DuPont acting with such gross negligence. So Balot shakes his head and tries to maneuver out of the conversation. He's got work to do.

He's trying to make a partner at the firm and he can't waste time talking to some guy who's full of conspiracy theories. So Balot apologizes to Tennant, saying he wishes him luck figuring this out. But the farmer interrupts Balot, saying he has proof that backs up his accusations. Videotapes, photos, autopsies of dead cows. All he's asking for is Balot to look at the evidence. Once he does, he'll realize something

needs to be done. Balot stares out the window at the city skyline. Normally, he worked with big companies, companies not dissimilar to DuPont, certainly not small guys like Tennant. But there is something about the pain in this farmer's voice, his obvious love for his cows, and his connection to Belat's grandmother and her hometown. Before he realizes what he's doing, Belat agrees to meet with Tennant. They can sit down together and look at the evidence,

and maybe Belat can offer some kind of help. Tennant's They can sit down together and look at the evidence, and maybe Blot can offer some kind of help. Tennant's voice grows warm with gratitude, and he thanks Blot over and over, promising it'll be worth his time. Blot nods, and then as he hangs up, he exhales deeply. He can't believe he just agreed to this. He doesn't take on these kind of cases. Still at this point, there's no real harm. Vallott hasn't promised anything. And if this farmer is as crazy as he sounds, Vallott will just wish him luck and get back to the work that actually pays the bills.

Two weeks later, Earl Tennant takes a seat in the lobby of a law firm in Cincinnati. He glances over at his wife, Sandy, and squeezes her hand. And together, the two sit, waiting, getting ready to meet with the attorney, Robert Ballant. It's a big day for Tennant, and he knows this might be his last chance to try to fix what's gone wrong at his farm. He's spent two years begging government agencies to come take a look at the evidence to see how DuPont is poisoning his land. The chemical company is clearly dumping something toxic in a nearby landfill, and the white foaming water being pumped out of that landfill

is making its way into Tennant's Creek and killing his cows. But the state agencies have done nothing but ignore him or brush off his concerns. So he's had to try and find other options. That's why he and his wife drove hours to get to this firm to meet with the attorney Robert Ballott. He might be their last hope. Tennant and his wife continue sitting in the lobby, waiting, when a pair of elevator doors opens down the hall.

Dark-haired man in a gray suit comes walking toward them. He smiles and introduces himself, saying he's Rob Balot and it's good to meet them. They should come over, grab a seat in a more private space. Tenant nods, and as he and his wife follow Balot through the office, it becomes painfully clear that they are out of place. Everyone at this firm is wearing expensive suits and ties. Tenant himself is just in a flannel shirt and old jeans. This is not his world. And he can tell these lawyers don't spend too much of their time with cattle farmers. Soon they reach a conference room where they find another man waiting for them. He has silver hair and a calm expression.

Blott introduces them to Tom Terp, one of the senior partners on the firm's environmental team. Tennant feels himself tensing up as he looks back and forth at these two attorneys with their expensive haircuts and fancy suits. They're giving him and his wife a look of gentle curiosity, like they're doing this out of an act of charity. And Tennant gets a bad feeling.

He suddenly wonders whether he should hightail it out of here, get back to the farm in West Virginia. But Tennant calms himself down. He's driven too far to give in to insecurities. So instead, he grabs a seat and takes out the box he's been carrying all day. And one by one, he begins pulling out photos of dead animals. Then he repeats the story he's told so many times, how his creek has been polluted, how no one will do anything about it, and how it seems like government regulators are in the pockets of DuPont.

The two lawyers glance at each other, exchanging a look. Tennant can see they don't yet believe him. So he reaches into the box and fishes out a VHS tape. And then Tennant asks if they're ready to see something that's pretty upsetting. The lot and the senior partner exchange another look. But they agree. They'll watch the video. Tennant and the senior partner exchange another look, but they agree. They'll watch the video. Tennant inserts the tape into a VCR,

and soon his home recording starts playing on the TV in the conference room. In the video, cows stagger across the grass. Their hides are patchy and covered in lesions. They clearly look sick. Drool comes pouring out of their mouths as the cattle walk around in a daze. Soon the video cuts out, and Tennant turns and looks at the attorneys.

These men aren't cattle farmers, but Tennant hopes even they can see there's something wrong with the cows. And to his surprise, Tennant notices a strange look in Balot's eyes. It's almost like the attorney is fighting back tears. Suddenly, Balot rises and extends a hand. And he tells Tennant and his wife that he'll be in touch very soon.

Tennant doesn't know what to make of that, though. He wants to ask whether that means Balot is going to take the case. But Tennant knows that's a little premature. So he and his wife thank the attorneys for their time and exit the office. As they walk back down to their car and get ready for the long drive back to West Virginia, tenant notices a feeling beginning to surface, something he hasn't felt in a long time. He's hopeful, optimistic even. Maybe after so many false starts, after so much pain, maybe this time something is finally going to

change. A few minutes later, Robert Ballott sits back down in the conference room and turns to his boss. Ballott invited Tom Terp to join the meeting with the tenants so Ballott could get a second opinion. But now that the meeting is over, Ballott is worried he made a grave mistake. second opinion. But now that the meeting is over, Balot is worried he made a grave mistake. And as if on cue, Terp smiles and says he won't lie. That meeting was certainly interesting. Balot shakes his head. He knew he shouldn't have invited the farmer and his wife. Balot represents big corporate clients. That's his job. And now his boss might be thinking he has bad judgment. Maybe he thinks Balot isn't a good fit for the firm. Balot tries to beat his boss to the punch. He says this whole thing was a mistake. The firm's regular clients would blanch if they found out the firm was representing one of their opponents,

a guy who wants to sue DuPont over pollution. There's no question. Balot is ready to walk away from this. But his boss takes a moment before responding. He says this is an unusual situation, but it's clear that this farmer, Earl Tennant, needs help. They could take the case and probably settle in a few months. Hardly anyone would hear about it. And besides, working on behalf of a plaintiff could make Balot a better defense attorney. Balot sits back,

a bit stunned. He thought his boss would quickly shoot this down. But Terp continues, saying this case could be a good exercise for Balot. Still, he needs to be careful. In this kind of work, you don't get paid unless you win. So if Balot wants to take this on, he'll have to keep billing for all his other cases. The mention of billing gives Ballot a moment of pause. He's become the sole breadwinner for his family, and he and his wife have a new mortgage. He can't afford to take on anything that would cause him to fall behind on his billable hours at the firm, and it's not only a matter of his paycheck. If he doesn't hit his targets, he'll get a bad reputation at the firm. He might not make partner. But his boss tries to calm his fears. Terp says that this case should be easy, just some routine permit checking and paperwork, the kind of work Balot could do in his sleep.

Balot smiles. It's good to have his boss's support. And while he's hesitant to take on such a risky case, he thinks back to the video he just watched. Those cows were undeniably sick, and Tennant seemed to have a solid belief that DuPont was responsible. Representing the farmer and his family feels like the decent thing to do. So despite his reservations, Ballot tells his boss he'll do it.

He'll take the case. Soon Ballot is heading down the corridor back to his office. He opens his door and takes a seat at his desk. But as Balot gazes at the stack of work sitting in front of him, he feels uneasy once again. Maybe his boss is right, that this case will be over before it starts.

But Balot can't ignore a sinking feeling, a fear that he's about to start a war, a long crusade against one of the biggest companies in the world. I'm Jake Warren, and in our first season of Finding, I set out on a very personal quest to find the woman who saved my mum's life. You can listen to Finding Natasha right now exclusively on Wondery+. In season two, I found myself caught up in a new journey to help someone I've

never even met. But a couple of years ago, I came across a social media post by a person named Loti. It read in part, Three years ago today that I attempted to jump off this bridge, but this wasn't my time to go. A gentleman named Andy saved my life. I still haven't found him. This is a story that I came across purely by chance, but it instantly moved me. And it's taken me to a place where I've had to consider some deeper issues

around mental health. This is season two of Finding. And this time, if all goes to plan, we'll be finding Andy. You can listen to Finding Andy and Finding Natasha exclusively and ad-free on Wondery Plus. Join Wondery Plus in the Wondery app, Apple Podcasts, or Spotify.

He was hip-hop's biggest mogul, the man who redefined fame, fortune, and the music industry. The first male rapper to be honored on the Hollywood Walk of Fame, Sean Diddy Cone. Diddy built an empire and lived a life most people only dream about. Everybody know ain't no party like a Diddy party, so. Yeah, that's what's up. But just as quickly as his empire rose, it came crashing down. Today I'm announcing the unsealing of a three-count indictment, charging Sean Combs with racketeering conspiracy,

sex trafficking, interstate transportation for prostitution. I was f***ed up. I hit rock bottom, but I made no excuses. I'm disgusted. I'm so sorry. Until you're wearing an orange jumpsuit, it's not real. Now it's real. From his meteoric rise to his shocking fall from grace, from law and crime, this is The Rise and Fall of Diddy. Listen to The Rise and Fall of Diddy exclusively with Wondery Plus. It's June 8th, 1999. On his farm in Washington, West Virginia, Earl Tennant walks through a valley that's dappled with sunlight. The ground is covered with bluegrass and clover, and the wildflowers have grown long and leggy in the late spring. Tennant inhales, breathing in fresh air. He loves this property with all his life, and it's moments like these that give him the strength to keep fighting, to save his land,

and to make sure that DuPont is held accountable for polluting his water and killing his cattle. After so many setbacks, Tennant finally feels like he has some momentum. The attorney, Robert Ballott, agreed to work with him, but he's been moving slowly on the case and Tennant has grown impatient. But today, everything is about to change. Soon, Ballott is going to arrive at Tennant's farm so he can gather some first-hand evidence of the pollution. And if Balot thinks he has enough, he'll begin the legal process of suing DuPont, getting justice for Tennant and his family.

But Tennant knows he can't just sit back and wait for Balot to look around and make up his mind. He has to prove just how dire the situation has grown on the farm. So Tennant has prepared more evidence, incontrovertible proof that DuPont is poisoning his land. Tennant steps into his house and begins gathering the photos he's taken over the years. He pulls out a box with animal bones,

including a cow skull with black teeth. And as he lifts up another box of home videos, he hears the sound of a car pulling into the gravel driveway. Tennant steps outside and finds Balot walking toward the house. Farmer smiles. Balot is dressed in a dark suit and button-down shirt. He looks like he's about to step into a conference room, not a barnyard. But Balot doesn't care about appearances.

And after the two men greet each other, Tennant leads Balot back into the house. When they step into the kitchen, Tennant introduces the attorney to the rest of his family, including his brother and sister-in-law. They've all come to take part in today's meeting. Soon, the group takes a seat at the table, and Tennant begins his presentation. He pulls out photos of his cattle, as well as official documents he filed with the government. And then Tennant reaches for the evidence that he's sure will shock Bellat and set aside any remaining doubts that DuPont is poisoning the farm. Tennant opens his freezer and takes out a number of organs he

autopsied from his cattle. There are livers, kidneys, hearts, all of them misshapen and covered in dark lesions. It doesn't take an expert to see that the cows were horribly sick when they died. Next, Tennant lifts up a jar of brown water. He explains that he gathered the water from the creek, the same place where his cattle quenched their thirst every day. Reliving all the memories of his lost cattle, Tennant begins to grow full of rage. He starts talking a mile a minute, telling Balat story after story, an endless parade of dying animals, the government's unwillingness to do anything.

Tennant knows he should slow down. The attorney, Balat, looks overwhelmed as he tries to keep up while taking notes. But Tennant knows he has to convince Balat, without a doubt, that DuPont is poisoning his land. So he continues to rattle off more horrifying stories. And eventually, Balot sets down his pen and just listens.

Tennant keeps talking until his voice grows hoarse. And finally, when he's said everything he wanted to, Tennant sits down and lets Balot take some time to process everything. As the attorney scribbles a few more notes, Tennant exchanges nervous looks with his family. It's anyone's guess whether Ballott is fully convinced or not. Finally, Ballott looks up from his notes. He tells the group that he's impressed with the collection of evidence, and what's happening on the farm is horrible. There's no doubt about it. The chemical company DuPont is clearly polluting their water and their land. DuPont has to be held accountable for its actions. It needs to compensate the family

and clean up the mess. Hearing these words, Tennant is hopeful. But he wants to know what this means. What is Ballot planning to do? Ballot nods and looks around the table. He tells the Tennant family that in the next few days he'll file their case in federal court. They're going to sue DuPont. He's going to keep fighting until they get what's fair and bring DuPont to justice. It's June 16th, 1999, eight days later. In his office in Cincinnati, the attorney Robert Ballott sits reviewing a stack of paperwork. It includes the lawsuit he just filed on behalf of Earl Tennant and the Tennant family, accusing DuPont of illegally dumping hazardous chemicals into dry-run landfill. The lawsuit alleges that these chemicals have leached into the nearby creek,

poisoning the Tennant's water and killing their cattle. With those damages, the Tennants are demanding financial compensation from DuPont. They're also looking for the chemical company to clean up its mess. Ballott flips a page of the lawsuit and continues to review the list of allegations. This is not going to be an easy fight. DuPont is a major corporation with nearly unlimited resources to wage a legal battle. Still, losing is not an option. If the lawsuit is unsuccessful, it'll be an embarrassment for Balot's law firm, and it could ruin his own professional reputation. And that's why Balot is

anxious to move ahead with discovery, the next stage of the legal process. In discovery, the two sides exchange information about the evidence and witnesses they'll bring up at trial. It's part of what keeps trials fair and honest. But for Balot, discovery serves another purpose. It'll help him figure out whether he has a strong enough case, or whether he should back out of a losing lawsuit. Balot flips another page, when suddenly his phone rings. Hello, this is Robert Balot. Hey, Rob. Good to hear your voice. Blott pauses. The man on the other end of the line sounds like Bernard Riley,

one of his former colleagues. Bernie. In the flesh. How have you been, ma'am? I'm fine, thanks. How are you? I'm great. Your wife good? Family good? You know, we're doing great too, but this is strange. I've been expecting a call from counsel over at DuPont. Well, you've got him. I want to talk to you about this whole case with Earl Tennant. You know, the water and the cows. I think you and me, we can take care of things. The lot smiles.

He can't believe this stroke of luck. He knows Riley well, and he's a good man. If he's the one working for DuPont, maybe they'll be able to settle things quickly. Well, great. Bernie, let's do this. It's about time to start talking discovery. Yeah, you're right. This would be the time to start laying our cards on the table.

But before we get to that, I want to share something I just learned. Turns out there's already an investigation going on at the tenants' farm. DuPont is aware of the situation. The company is fully cooperating with the EPA. Oh, you're kidding. That's news to me. Not kidding at all. No, no. DuPont is covering all the bases. They're not trying to screw anyone over. What they did is they put together a group of six veterinarians, three vets chosen by DuPont, three chosen by the EPA. They call themselves the cattle team. Right, yeah. Well, the name fits the bill, you know. But these guys are the real deal.

Trained experts. They've been out there testing the creek water, seeing if there's any link with the cows that get sick. Well, that's great. I'm really glad to hear it. You bet. It's news I was glad to share. I mean, we're all friends. We want the same thing. Doesn't even matter that we're opposing counsel. Yeah, I'm really glad you see it that way. So let's talk about Discover. There's a pause. Well, Rob, what I'm trying to say is we can save ourselves a lot of work. The report from these vets is supposed to be coming back any day now. So how about let's hold off on a full-blown discovery until we get the report? Well, I'm not sure my clients would like any more delay. There's no harm in at least getting started.

Well, I'll tell you what. I'll send over the permits, deeds, regulatory filings, everything I've got on the landfill. And then, once the report comes back, we'll have a better idea of what we should ask for in Discovery. The lot pauses. It's a bit of a big request, but Riley sounds sincere. Well, yeah, okay, we can do that. I'll look forward to seeing what the cattle team comes up with, and then we'll talk Discovery. Sounds like a plan. And Rob, you know, like I said, we are friends. We're going to figure this out. Thanks, Bernie. All right. Talk to you soon.

The lot hangs up the phone and breathes a sigh of relief. For days, he'd been worried that this case was a mistake, that he'd started a fight he couldn't win. But Riley is an honest man, and he's right. They can't afford to wait a few more days. They'll be armed with what should be conclusive information, showing whether the tenant's water has been contaminated or not. And once they know that, Blot can decide whether it's still worth risking his own reputation and continuing to wage a fight against a company as big and powerful as DuPont. Six months later, Robert Blatt sits at his desk,

poring over documents from the DuPont case. He reads and re-reads them again and again, and setting them back down, Blatt sighs, unsure of what to do next. It's been half a year since he spoke with Bernard Riley, his old colleague and counsel for DuPont. Riley promised they'd soon get answers from the so-called cattle team, a group of veterinarians investigating Earl Tennant's farm. The group's report was supposed to offer a definitive answer,

revealing whether DuPont's landfill is polluting the nearby creek or not. But so far, Blott hasn't gotten the report. And with weeks turning into months, Blott has come to realize that he's running out of time. The trial is now quickly approaching, and Blott only has meager evidence to support his claims. Blot rubs his eyes. It's late, and he needs to go home, grab a shower, maybe kiss his wife goodnight. But just as Blot stands to put on his coat, a messenger knocks on his door.

He hands over an envelope. It's the long-delayed report from the cattle team. Balot eagerly flips through the pages. There are a lot of photos and a lot of data, but the group's conclusion is strikingly simple. There is nothing out of the ordinary in Dry Run Creek. They found no evidence of contamination from DuPont's landfill, and they argue that Tennant himself must be causing the cow's sickness, that he's a negligent farmer. Ballott drops the report on his desk. These conclusions are preposterous.

Tennant said he didn't trust the EPA, and now Ballott is starting to think the farmer isn't so crazy after all. Maybe government agencies really are in DuPont's pocket. And then Ballott has a stunning realization. He's been duped. His old colleague, Bernie Riley, suggested they hold off on sharing evidence. But that was just a delay tactic, and Balot fell for it. He's furious with himself, but he won't fall prey to self-pity.

Because if this is how DuPont wants to play, Balot is game. It's time to take off the gloves and start demanding answers from DuPont wants to play, the lot is game. It's time to take off the gloves and start demanding answers from DuPont. On January 5th, 2024, an Alaska Airlines door plug tore away mid-flight, leaving a gaping hole in the side of a plane that carried 171 passengers. This heart-stopping incident was just the latest in a string of crises surrounding the aviation manufacturing giant, Boeing. In the past decade, Boeing has been involved in a series of damning scandals and deadly crashes that have chipped away at its once sterling reputation. At the center of it all, the 737 MAX, the latest season of business

wars, explores how Boeing, once the gold standard of aviation engineering, descended into a nightmare of safety concerns and public mistrust. The decisions, denials, and devastating consequences bringing the Titan to its knees and what, if anything, can save the company's reputation. Now, follow Business Wars on the Wondery app or wherever you get your podcasts. You can binge Business Wars, the unraveling of Boeing, early and ad-free right now on Wondery Plus. It's the spring of 2000 in Cincinnati, Ohio. Tom Terp makes his way through the busy offices of Taft, Stettinius, and Hollister. As he rounds a corner, he approaches the office of his newest junior partner, Robert Ballott. Terp is fond of Ballott. He often feels more like Ballott's mentor than his boss.

And he appreciates that his new junior partner isn't like the other slick attorneys at the firm. He owns only two suits and drives a 10-year-old Toyota Celica. His heart is clearly in the right place. And that's part of the reason Terp encouraged him to take on the case with Earl Tennant. It was a good opportunity for Blot to grow as a lawyer and to do the kind of work that would feel meaningful. But Terp knows it's been a hard case. He's seen endless boxes of documents being delivered to Blot's office. He must be exhausted. But today, though, Terp has some good news, something he hopes will breathe some more fire into his junior partner. Terp pushes open the door to Blot's office. The floor is covered with stacks of documents,

and Blot is on the ground in order to make space for all the extra paperwork. Hey, Rob, I was going to ask if we could sit down and talk, but yeah, not a lot of places to sit. Sorry. No kidding. Mind if I come in, though? Blot nods and Terp steps into the office. So, how are you holding up? Oh, well, it's been a lot of late nights, and honestly, I'm wasted. DuPont has just been hammering me with discovery. Boxes, And honestly, I'm wasted. DuPont has just been hammering me with discovery. Boxes and boxes and boxes. Trying to drown me.

Looks like it. But did anything turn up? No, not really. Lots of dead ends. I thought if I kept going, there had to be some sort of smoking gun. Something showing what DuPont is putting in that landfill. So I kept reading and kept reading. I haven't slept, but I haven't found a single thing.

Oh, I'm so sorry. But you know, this isn't Hollywood. No one tells you, but being a lawyer means grinding it out, hour after hour, day by day. Yeah, but I gotta tell you, I'm ready to go home. I want to see my wife. Oh, God, I want a good night's sleep. Well, Rob, before you go home and pass out, I want to tell you something that should cheer you up. I just received a very interesting call from our old pal Bernie Riley. Blot sets down a document with a look of shock. Riley? He's been dealing with me directly. He went behind my back, talked to you? Why would that make me happy? Well, he said I should tell you to stop with all your aggressive requests and discovery.

He said that you were asking for documents that were unnecessary. So first he strings us along with a bogus cattle team report, and now he's trying to undermine me with my boss? Hey, Rob, slow down. You know what this means, don't you? No. No, I don't. I'm tired and I'm fed up and I need a break. Hey, hey, look at me. I know you're tired. I know they're drowning you in documents.

But if they tried to go behind your back and kill this thing, that means DuPont is scared. It means you're on to something. Something big. Blot leans back, looking both tired and anxious. Now, Rob, I came to tell you two things. That was the first thing. You're on to something. Number two is, keep up the good work. No matter how hard it gets, go give them hell, you hear me? Terp grins, and without saying another word, he turns to make his way out of the office. As he heads back to his own office, Terp feels a strong pride in his junior partner. Balad is fighting the good fight, and he's giving it his all.

Still, Terp does have concerns. The case is technically an extracurricular activity and is not part of Balot's normal job. And if it's already this draining, they could have a problem on their hands. Because Terp knows that from here on out, things are only going to get worse. DuPont is going to strike back. And with its full arsenal of expensive lawyers, the fight is going to get ugly. If Ballot isn't careful, he might find himself in the crosshairs of a very powerful enemy. It's the fall of 2000, six months later. The evening has grown late, but Robert Ballot is still in his office, poring over documents. Balot glances at his watch. He wishes he could be home with his wife and child. But there's still so much to do, so many questions

he's still trying to answer about this case. One issue has been especially vexing. It's a question about a chemical that DuPont calls C8. Balot read about the chemical in the documents that DuPont shared during discovery. He learned that DuPont has used the chemical for decades and that the company has been dumping the chemical as a solid sludge into the landfill near Earl Tennant's farm. It was a shocking discovery. And if that wasn't enough, Malotte also learned that, for years, DuPont has been testing its employees' blood, looking for the presence of C8. That means the company knew its chemical could pose a risk to human health. C8 could be the key to the case. If Balot can prove that this chemical is toxic, and that DuPont is aware of the risks, he'll have all the evidence he needs

to win the case for Earl Tennant. And that's why Balot is delighted when his phone rings. And that's why Balot is delighted when his phone rings. It's a chemist. One Balot had hired to try to make sense of what C8 is and whether it's toxic. Chemist reports that he has some answers. It turns out that C8 is essentially perfluorooctanoic acid. Balot scratches his head. What does that mean?

The expert lets out a wry chuckle, explaining that this means C8 is a lot like PFOS, a substance so toxic the EPA is trying to ban it from all American manufacturing. C8 is also a surfactant, a slippery substance that foams up in water like soap, and that might explain all the scum and foam in Earl Tennant's Creek. The lot leans back in his chair, stunned. DuPont has been dumping this chemical at a staggering rate. If it's really that toxic, then it's no wonder Earl Tennant's cows have gotten so sick.

But as Billotte chews this over, he realizes something else, something far more troubling. DuPont has admitted using C8 to produce Teflon. A DuPont chemist named Roy Plunkett accidentally stumbled on Teflon in the 1930s. Since then, it's been used in a wide range of products, including as a nonstick coating for pots and pans across America. So that means C8 must be very valuable to DuPont.

Teflon alone produces a billion dollars a year in revenue for the company. Ballott thanks the chemist and hangs up the phone. And even though he now has what appears to be smoking gun evidence, he feels dizzy and overwhelmed. Because now it's clear that this case is much bigger than he ever imagined. DuPont has been dumping a toxic chemical into its landfill and lying to everyone. But there's no way the company is going to stop or clean up this mess, not without a huge fight, because on the line are billions of dollars. From Mondry, this is episode one of the DuPont chemical cover-up from American Scandal. In our next episode, whistleblowers come forward to challenge DuPont, and Robert Ballott has to decide how much he's willing to sacrifice in order to

bring the company to justice. You've just finished episode one of the DuPont water crisis, but the story is only beginning. As the series continues, attorney Robert Ballott uncovers a chilling truth. The chemical C8 used by DuPont to make Teflon has contaminated the drinking water of thousands. Local residents are left to wonder if their health is at risk, while Balot faces mounting pressure from DuPont's legal team, determined to bury the evidence. Further into the series, you'll witness Balot's relentless fight in the courtroom, as he uncovers internal documents that expose just how deep the cover-up goes. Can he rally the community and hold DuPont

accountable, or will the corporation's power prove too strong? To listen to the rest of this season of American Scandal, start your free trial of Wondery Plus in the Wondery app, Apple Podcasts, or Spotify. With Wondery Plus, you can listen to other incredible history podcasts like American History Tellers, History Daily, Tides of History, and more. Download the Wondery app today. While we used many sources in creating this season, key elements of the story were drawn from the book Exposure by Robert Ballott. We highly recommend it. This episode contains reenactments and dramatized details, and while in most cases we can't know exactly what was said, all our dramatizations are based on historical research. American Scandal is hosted, edited, and executed, produced by me, Lindsey Graham, for Airship.

Audio editing by Molly Bach. Sound design by Derek Behrens. Music by Lindsey Graham. This episode is written by Anna Williams, edited by Christina Malsberg. Our senior producer is Gabe Ritter. Executive producers are Stephanie Jens, Jenny Lauer-Bettman, and Marsha Louis for Wondery.