American Scandal - Love Canal | Extreme Measures | 4

Episode Date: May 28, 2024

Protests in the Love Canal neighborhood reach a boiling point in 1980. After a study from the Environmental Protection Agency finds more people have been affected by high levels of chemical exposure, a riot breaks out in front of the Love Canal Homeowners Association. And as Lois Gibbs is forced to choose between standing up for her neighborhood or potentially facing criminal liability, grieving parent Luella Kenny confronts Armand Hammer, the CEO of Hooker Chemical’s parent company. 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 wondery.app.link/IM5aogASNNb now.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Hi, this is Lindsey Graham, host of American Scandal. Our back catalog has moved behind a paywall. Recent episodes remain free, but older ones will require a Wondery Plus subscription. With Wondery Plus, you get access to the full American Scandal archive, ad-free, plus early access to new seasons and more. Join Wondery church in the Love Canal neighborhood. She's listening to a nun go over a script for calling the governor's office to demand more action on the Love Canal toxic waste crisis.

This nun is part of a group of activist clergy who are trying to help residents get evacuated from the area. Kenny's family recently moved out of Love Canal into a motel several miles away, but she still shows up to these resident meetings and not just out of a sense of activism. The Kenny family still has to pay the mortgage on the house they left behind. And like all the houses in Love Canal, it's unsellable. But Kenny is still hoping the government will buy it so her

family can afford to move into a new home. She's also here to honor the memory of her seven-year-old son, John Allen, who died from kidney failure just over a year ago. Kenny believes his death was a result of the chemicals in Love Canal, and she feels morally obligated to help all the residents get out so no one else has to suffer the loss of a child. When the nun is finished speaking,

a minister wraps up the meeting, recapping the latest efforts to pressure the state to pay for the evacuation of all residents. They've been protesting, making calls, and interviewing residents, the same tactics they've been using over the last 18 months. Kenny is trying not to lose hope, but she's not sure that more of the same will change anything. She had hoped that President Jimmy Carter's Superfund bill would pass, and Love Canal residents would get aid through that, but the legislation has stalled in Congress, and it's not likely to pass anytime soon.

Still, Kenny's not going to give up. This minister and the nuns who run this group are experienced activists. They've protested for civil rights and against the Vietnam War and nuclear proliferation. So Kenny tells herself to trust them. And as she stands and gathers her coat to leave, one of the nuns approaches. Kenny recognizes her as Sister Joan Malone. Malone places a hand on Kenny's shoulder.

Luella, could I speak to you for a moment? Of course, Sister. I wanted to let you know that myself and some of the other sisters at St. Francis have been buying up stock in Occidental Petroleum. What? Why would you want to own stock in the same company that poisoned Love Canal? Well, we're not doing it to make money. We're doing it because being shareholders gives us a voice. We've got 10 shares so far. And what does that mean? Well, as shareholders, we have the right to attend meetings and make proposals for other shareholders to vote on. So we're drafting a resolution we plan on presenting

at their annual meeting in May. What will this proposal say? It will demand that the company make things right in Love Canal and establish corporate protocols to prevent future disasters. But you really think the other shareholders would vote on that? No, of course not. It'll get voted down immediately. Well, then why? Because as the parent company, it will force Occidental to confront what Hooker Chemical has done. So far, the CEO, Armand Hammer, he's been able to avoid talking about Love Canal altogether. But if we do this right, we'll generate headlines that will embarrass him, expose the company's scrutiny.

We've done it before. We went after insurance companies who discriminated against black customers, defense contractors who made weapons of war. And I'm telling you, it works. I see. How can I help? Well, we want you to come with us to the shareholders meeting in Los Angeles to tell your story. Make Hammer look you right in the eye as you tell him what happened to John Allen.

Oh, I don't know. Why would someone like that care what I have to say? He's one of the richest men in the country. Well, that's exactly why we have to confront him. We've pressured the state, the federal government, Hoker Chemical. Now we have to go straight to the man at the top. Kenny thinks about it for a moment. Malone's right, and it confirms her earlier suspicions.

It might be time for a new strategy. So Kenny says she's in. The nun grins and explains that every year, the meeting takes place on CEO Armand Hammer's birthday. So this year, they're going to give him a present he'll never forget. 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 Wondery, I'm Lindsey Graham, and this is American Scandal. At the beginning of 1980, the remaining residents of Love Canal felt trapped. They had been first alerted to the potential danger of the chemicals buried in their Niagara Falls community 18 months prior. But since that time, the state of New York had taken only incremental steps to address the problem. The government insisted that the science did not prove that the chemicals were responsible for many of the health issues reported throughout the neighborhood. So after evacuating only a portion of Love Canal's most vulnerable residents, they refused to cover the costs of further evacuations, leaving hundreds of families stranded on toxic land. Sister Joan Malone's strategy of pressuring Hooker Chemicals' parent company at their shareholder meeting gave some residents like Luella Kenny a ray of hope. But

many others who remained in Love Canal were feeling burned out, stressed, and increasingly desperate. So with each day that passed, they inched closer and closer to their breaking point. This is Episode 4, Extreme Measures. It's a chilly evening in January 1980 in Buffalo, New York. Scientist Beverly Pagan is in her office, slowly packing her things after a long day at work at the Roswell Park Memorial Institute, a cancer research facility. For the last 18 months, she's been juggling her professional responsibilities with her personal commitment to the residents of Love Canal. And all the late nights have begun to catch up with her.

Megan is the only trained research scientist who offered to help the residents, so she felt it was her duty to teach them how to collect health data, interpret their findings, and present them to authorities in a compelling way. And that's what she's done. But every step has been met with resistance. First, they didn't have the right data. Then they didn't have enough data. Then they didn't have the right people collecting the data.

The whole experience has been exhausting and very frustrating. been exhausting and very frustrating. Pagan gathers the last of her things and is just about to turn off the lights when she hears the phone on her desk begin to ring. She's so tired she considers just letting it ring, but something in her gut tells her to pick up. She sets down her bag, walks back to her desk, and grabs hold of the receiver. Hello? Yes, is this Dr. Beverly Pagan? It is. Hello. I'm sorry to bother you so late. I'm with the Environmental Protection Agency. I've been working with the Department of Justice

on their lawsuit against Hooker Chemical. Oh, okay. Well, the prosecutors leading the case want to test for chromosomal damage in the Love Canal residence. Hearing this, Pagan is suddenly wide awake. Well, that's great news. I've been wanting to test residents for over a year. It's always been too expensive to do chromosomal tests.

Well, the DOJ thinks it needs to be done, so they're footing the bill. We know there's a link between certain mutations and some of the chemicals found in Love Canal, so if the results of this study show that residents do have chromosomal abnormalities, that could prove to a jury that their health issues were caused by chemical exposure. And that would be very hard for Hooker Chemical to explain those results away.

Exactly. So we're sending scientists to Niagara Falls to collect samples. I'm calling you to ask, can you help find volunteers to participate? How many do you need? At least 50. Oh, that's going to be tough. Residents here are really burnt out on medical testing. They've been given blood and hair samples and answering questions for almost 18 months now. Any of them feel like it's all been for nothing. Yeah, I know. I can understand. And I know this is a big ask of them, but that's why

I'm talking to you. You know these people and they trust you. If you explain to them that this test, unlike the others, can prove that there's a direct link, maybe that will convince them. One last study, huh? Okay, I'll see what I can do. As Pagan hangs up the phone and heads back to the door, she repeats those words to herself. One last study. And then finally, maybe, they can put this crisis behind them.

Not long after taking this phone call from the EPA, Beverly Pagan recruits 36 people to join the chromosome study with the help of neighborhood activist Lois Gibbs. It's not as many as the EPA wanted, but it was the best they could do. And four months after a scientist came to collect samples, a summary of the results lands on the desk of U.S. Assistant Attorney General Jim Moorman in Washington, D.C. Moorman is a veteran environmental attorney and a major player in President Jimmy Carter's Department of Justice, with a long record of successful fights against corporate polluters. Now he's leading the federal case against Hooker Chemical, and as soon as he reads the results of the chromosome study, he knows he's just gotten one step closer to winning his case. Of the 36 people tested,

11 of them have chromosomal abnormalities, and some of the specific abnormalities have been linked to high levels of chemical exposure. Mormon calls the White House to request an emergency meeting. It's an election year, and President Carter has been following the Love Canal crisis closely, hoping that if he plays it right, it might help pave the way to a second term. So that same day, three top White House staffers head to Mormon's office. Mormon explains the test results, noting that EPA scientists don't consider them conclusive. The sample size was too small, and there was no control group, so they don't know how these numbers compare to other residents outside the

contaminated area. But it's generally agreed that to Love Canal residents, these caveats won't matter. They will likely feel the results are definitive, and the place is already a powder keg. These test results could be the match that sets it ablaze. So one of Carter's top environmental advisors suggests that they share the test results with Hooker Chemical first, before talking to Love Canal residents or releasing anything to the press. Maybe, working behind the scenes, they can avoid an ugly public confrontation, which could be disastrous in an election year. So two days later, on Thursday, May 15, 1980, Mormon flies to Niagara Falls and gives Hooker Chemical executives an ultimatum.

Either they pay for the relocation expenses for all remaining 700 families in Love Canal immediately, or the government will use the chromosomal evidence to file an injunction for those costs, plus an additional $124 million in damages. Mormon gives Hooker four days to respond. But before they can, the story leaks to the press. Reporters from the New York Times and the Niagara Gazette start calling the EPA to confirm the results of the chromosome tests and asking for comment. The EPA goes into damage control. They need to contact the residents

about the results before this story hits the papers. So they call the one woman who can help them, Lois Gibbs, head of the Love Canal Homeowners Association. But when her phone rings, Gibbs is soaking in the bathtub, enjoying a rare moment of peace. For months, Gibbs has felt like she's at her wit's end. Her marriage has fallen apart, her son continues to suffer from seizures, and her daughter Missy was recently admitted to the hospital. At first, doctors thought she might have leukemia, but she tested negative, and eventually they were able to treat her symptoms, even though they still have no idea what made her so sick. Now, Missy and her brother are out with Gibbs' mother,

and Gibbs has the house all to herself. So when the phone rings, she almost doesn't answer it, but she knows it could be important. So she climbed out of the tub, wraps herself in a towel, and shuffles over to the phone. It's a representative from the EPA. He tells her that he needs help tracking down the people who participated in the chromosome study. EPA agents are coming to Niagara Falls the very next day. They want to tell them the results of the tests in person. Without hesitation, Gibbs agrees to help. But as she calls around, the test subjects start to panic. They have a million questions. They want to know if they personally showed mutations and what those mutations mean

for their family's health. But all Gibbs can say is that she doesn't know. And when the news breaks in the papers the next morning, it's not just the study participants who have questions. It's all the residents of Love Canal. Their congressman, John LaFalse, holds a press conference alongside an EPA administrator, urging residents to be patient. But they feel like they've been patient long enough. By Monday, the entire neighborhood is on edge, waiting for the government to take action. They want a full-scale evacuation now. Gibbs spends the entire day following up with the EPA, talking to reporters, and calling the White House, urging action. But hours tick by with no word from Washington. And not knowing what

else to do, residents begin to gather in front of the house that serves as the offices of the Love Canal Homeowners Association. There, they give voice to their frustration, chanting, blocking traffic, waving signs. And throughout the afternoon, the atmosphere grows more and more tense. At around 3 p.m., Gibbs watches as one of her most law-abiding friends picks up a can of gasoline and pours it out to spell the letters EPA on the ground. Then she drops a match, and the crowd roars as the letters go up in flames. Seeing this, Gibbs realizes she needs to do something to get the situation under control. So she picks up and calls the EPA representatives who are still in the

area. She tells them they need to come down right now and address this crowd, answer their questions, because otherwise there might be a riot. But when the EPA car pulls up in front of the office, Gibbs is upset with what she sees. Instead of a scientist, the EPA has sent their PR guy, Frank Napalm. Gibbs shakes her head, telling him that these people have serious questions, and they need serious answers from a bona fide scientist, not spin from a publicist. Napalm takes a look around and judges the mood of the crowd. He agrees, and calls an EPA scientist named James Lucas, who says he'll be there soon.

But in the time it takes Lucas to arrive, the crowd grows in size and anger. They're now lighting trees on fire, pounding their fists on cars, trying to make their way through the mob. Police officers monitor the situation, but they're outnumbered. And looking out at the crowd, Gibbs can see that the situation is rapidly they're outnumbered. And looking out at the crowd, Gibbs can see that the situation is rapidly spiraling out of control. It feels like madness, but it also feels like the only logical response to what they've been experiencing. Real madness is the government expecting them to sit quietly while their families breathe in toxic fumes, while they suffer one miscarriage after another, while they watch their children get sick. The people outside want action, and they want it

now. Gibbs is honestly scared about what the crowd will do. They've long since become a mob, and Gibbs doesn't know how to help until a wild idea pops into her head, something that she hopes will keep the angry mob at bay. So when EPA scientist James Lucas arrives and joins PR guy Frank Napalm, Gibbs tells the two men that they are now being held hostage by the people of Love Canal, and they won't be let free until every resident is evacuated. 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.

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with Wondery Plus. 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. For the last two years, Lois Gibbs has been doing things that surprise herself. She's become the spokeswoman for her community. She's met with bigwigs in the state capitol and Washington, D.C. And on May 19, 1980, at around 4 p.m., the once-quiet housewife and mother of two tells representatives from the Environmental Protection Agency that they are being held hostage in the offices of the Love Canal Homeowners Association. Gibbs didn't plan for this to happen, so she's not sure what to do next.

But when she steps outside and notifies the crowd of her decision, they roar in delight, thrilled that these government officials will learn how it feels to be trapped in Love Canal. Then Gibbs steps back inside and dials a number for Jack Watson, a special assistant to the president. Watson's secretary answers, and Gibbs calmly explains that on behalf of the people of Love Canal, she is holding EPA staffers Frank Napal and James Lucas hostage until President Carter does the proper thing and orders an emergency evacuation. The secretary says she'll pass along the message, but refuses to put Gibbs through to Watson. Gibbs is incensed. Even with federal employees being held hostage, the White House continues

to blow her off. She has to figure out her next move. So while Gibbs works out the rest of the plan, the other women in the office try to make their new guests comfortable. They offer Lucas and Nepal homemade oatmeal cookies and show them copies of articles about Love Canal to help them understand what drove them to this action. But in Washington, word of the hostages have begun to spread. FBI agents are dispatched to join the Niagara Falls Police Department in monitoring

the situation. And soon, an FBI negotiator calls and asks to speak to Nepal. Nepal confirms that none of the women in the office are armed, so the negotiator suggests that Nepal just get up and leave to see what happens. Nepal agrees, but as he walks to the door, Gibbs tells him he's welcome to try but that the crowd outside might kill him. It sounds like an idle threat but when Nepal looks out the window, he understands why Gibbs said it. Surrounding the office is a sea of people, maybe 500 strong, shouting and throwing bottles. They look like they're out for blood,

so Nepal calmly tells the FBI agent that he doesn't think he can leave. The other EPA worker, scientist James Lucas, grabs the phone from Nepal and yells into the receiver that he fears for his safety. He begins describing Gibbs and the other women in the room, estimating their height and detailing what they're wearing. But Gibbs quickly disconnects the phone and tells Lucas to relax. It's not like he's going to be here long enough to have his chromosomes damaged. It's two hours later when the phone rings again. It's Congressman John LaFalse, who represents Love Canal. He tells Gibbs he has a dinner set for later that evening with President Jimmy Carter, and LaFalse promises he's going to push the president to issue an emergency evacuation order, but Gibbs is making his job harder with all her antics. The president is not going to want to be

seen as giving in to the demands of a woman who's kidnapped federal employees. LaFalse tells Gibbs the best thing she can do is let the hostages go. But Gibbs knows she can't do that. Even if she wanted to, the crowd outside wouldn't let it happen. And to prove it, Gibbs carries the receiver out onto the porch and yells to the crowd that LaFalse wants them to release the hostages. The crowd boos and yells no, sending more bottles flying through the air. Returning to the office, Gibbs tells LaFalse that the people have voted. Nepal and Lucas are staying put. Then she hangs up. As the sun begins

to set, Gibbs calls for the crowd to bring blankets, food, and coffee so she can keep the hostages overnight. And the crowd gets to work, and Gibbs prepares to spend the night. But about an hour later, at a little after 7 p.m., there's a knock on the door. Gibbs looks outside to see her lawyer, Richard Lippis, standing on the porch. She opens the door and greets him, and Lippis says he needs to talk. Gibbs leads Lippis into an adjoining room and closes the door. What's going on? You need to convince the crowd to let Nepal and Lucas go. If you do that, I think I can make a deal for you. I can't do that.

These hostages don't... Don't use that word. You are not holding anyone here against their will. Okay? They are free to go whenever they wish. All you are doing is protecting them from the crowd outside. Got that? Okay, fine.

These guests are the only leverage we have. This crowd isn't going to let them go without action by the president. There's nothing I can do to convince them otherwise, and I don't blame them. This place is making us sick. It's hurting our babies, and now they're saying it's mutating our genes. How much did these politicians think we put up with before we rebelled? Well, Lois, I know you're frustrated, and everyone else, but this is not the way. The president is not going to give you what you want under these circumstances. You have to understand that. Well, tell me what I'm supposed to do. I can't just go out there and tell them this was all a bad idea and it was for nothing. Well, no, of course not.

But I know you can figure out what to say to get these men out of here safely. You're a good public speaker, Lois. If you only knew. When I was in high school, I'd rather cut class than have to speak in public. Well, you're not the same person anymore. There's no one else here who can speak to this crowd and get them to listen. I don't know. Well, if you don't do it, I'm not sure what kind of deal I could get for you. You're looking at years in jail, away from your children, and I'm telling you, the best way to get an evacuation order is to help Nepal and Lucas get out of here unharmed. That way the White House won't be seen as giving in to your demands.

Gibbs stares out the window, knowing that Lippis is right. But at the same time, she worries that by releasing the hostages, she's giving up the only leverage she and the residents have. So she asks Lippis to go talk to the FBI and try and buy more time while Congressman LaFalse negotiates with the president. The EPA men are going to remain unwilling guests of the Love Canal Homeowners Association just a little while longer. while longer. After talking with his client, Attorney Richard Lippis convinces the FBI to give Lois Gibbs until sundown to release Frank Napalm and Dr. James Lucas. But as the minutes tick by without word from Congressman John LaFalse, Gibbs is forced to consider the possibility that she'll have to release the hostages and the residents will be left yet again without an

evacuation order. So Gibbs tries to work out what she'll say to the crowd. She wants them to feel like something was accomplished today and hopefully keep herself out of jail. But it feels like an impossible assignment. The crowd is growing even more impatient, waiting for an update. People start to shout, asking where Gibbs is and what's happening. But Gibbs just stares at the phone, willing it to ring with good news from Washington. Meanwhile, every minute, the sun sinks lower in the sky. And at 8.20 p.m., Gibbs sees a long line of sedans starting to creep down the street. The FBI is moving in, and she's running out of time. But still, Gibbs has no idea what she's going to say.

She starts scribbling notes to herself. Her deadline is rapidly approaching, but Gibbs has to get this right. So sunset comes and goes while Gibbs is still writing. Her attorney Lippis is on the phone trying to assure the FBI that any second now Gibbs will step outside and address the crowd. But the FBI is done waiting. Gibbs has two outside and address the crowd, but the FBI is done waiting. Gibbs has two minutes or they're storming the office. Gibbs jumps to her feet, grabs the phone, and tells the FBI agent on the other end that she's heading out to address the

crowd now. Gibbs flings open the front door and strides out onto the porch, staring out at the hundreds of people before her. She doesn't have a microphone, so she asks everyone to come closer, yelling as loudly as she can. The mob of residents and reporters surges toward her, and Gibbs feels every hair on her body standing on end. She imagines the angry residents rushing past her to get to Nepal and Lucas inside, and it's up to her to say the right thing to make sure that doesn't happen. So when the crowd is close enough, Gibbs clears her throat and says, okay, her old vocal tick coming back, no matter how hard she worked to get rid of it. So she shakes her head and starts again, and begins by recapping where things stand.

She tells the crowd that Congressman LaFalse is currently at dinner with the president. He's relaying their demands and letting the president know that they're holding hostages. Out of the corner of her eye, Gibbs can see Lippis wince at her use of the word hostage, but there's no taking it back now. So she keeps speaking. In the loudest, clearest voice she can muster, she says that the people of Love Canal are tired of waiting for the government to act. They've shown that they mean business and aren't going to put up with any more bureaucratic BS.

The crowd cheers and claps. But then Gibbs says that they've made their point. And instantly she feels the tension rise. The crowd realizes where she's going with this speech, and people start to boo and hiss, pushing forward. Gibbs' heart starts to race. But she digs deep and yells as loud as she can, saying that they should release the EPA men,

but that they also have a message for the president, that if an evacuation order is not signed by Wednesday, then what he's seen today will look like a Sesame Street episode by comparison. The crowd roars their approval. Everywhere Gibbs looks, impassioned voices chant, fists rise into the air and shake. It seems like Gibbs has won them over. But then she decides she has to do one more thing to make sure they're really on her side. 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+.

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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. In speaking to the angry, frustrated mob in front of her, Lois Gibbs has probably done the most brave thing in her life. She never imagined herself a leader, a public speaker, a potential

hostage taker. But she knows that right now, in this moment, there is still even more to do. So Lois takes a deep breath and then asks the crowd to raise their hands if they think she should let the EPA men go. Gibbs assures them that she'll only do it if the majority of the crowd vote for it. And as soon as she says it, Gibbs closes her eyes. She has no idea how many hands will be in the air when she opens her eyes. So for a moment, she keeps them shut, afraid, terrified even, that this has all been a mistake. But then Lois opens her eyes and looks out at the crowd. It looks like about half the people have raised their hand.

She can't tell if it's a majority, but it's close enough. So she yells out that they voted to release EPA employees Frank Napal and James Lucas. Then she turns back to go inside the office. She can hear some people shouting she's a traitor, that she's chickened out. And Gibbs half agrees with them. But she knows the FBI is not messing around. And things could have gotten very ugly very fast if they didn't do what they wanted. And indeed, as soon as Gibbs is back inside, police and FBI agents swarm the building.

One police officer says that to ensure Lucas and Nepal's safety, he needs Gibbs to escort them through the crowd to the police car that will drive them away. Gibbs agrees and takes them to the back door, hoping it'll be slightly calmer there. But a throng of reporters have predicted this move, and they crowd in so close that Gibbs can barely walk. The journalists shout questions. Gibbs hears one ask her how it feels to be facing jail time. Gibbs doesn't respond. Behind her, one of the police officers keeps a hand on Gibbs' back, pushing her forward until they reach the squad car and get Nepal and Lucas safely inside. Then the car pulls away, and the crowd begins to dissipate.

Gibbs knows they may not be happy with her, but at least everyone is safe. And as she watches them all go, exhaustion floods her body. She has no idea what to do next, so she just heads back to her condo and waits to be arrested. The next morning, from a hotel room in Los Angeles, Luella Kenny reads all about what occurred at Love Canal the night before. The news is stunning, but she can't spend too much time dwelling on it because she needs to prepare for her big confrontation with Armand Hammer, the president and CEO of Occidental Petroleum. Kenny spends the whole day rehearsing

with Sister Joan Malone of the Sisters of St. Francis and a young man named Bob Morris, who was hired to help oversee the Order's corporate activism. But when Kenny arrives at the Beverly Wilshire Hotel the next morning, May 21, 1980, Kenny still feels nervous and underprepared. Morris assures her everything will be fine. These meetings follow the same script, and there's no reason to think this one will be any different. She and Sister Malone will give their presentations,

Hammer and the other board members probably won't say anything, and then the shareholders will vote on their presentations. Hammer and the other board members probably won't say anything, and then the shareholders will vote on their resolution. The resolution will fail, but hopefully they'll get some headlines. And you never know what will happen after that. Kenny nods and follows Morris and Malone into the ballroom, where the meeting is taking place. And as Kenny takes her seat, she reminds herself that she's told her son John Allen's story dozens of times. She can do it once more. The meeting kicks off, and when Armand Hammer walks in, the crowd gives him a standing ovation. It's Hammer's 82nd birthday, and he led Occidental Petroleum to record profits last year, so the shareholders are in a celebratory mood. But as the crowd sings happy birthday and passes out slices of cake, Kenny's nervousness turns into anger. She remembers that on John Allen's last birthday,

he was in the ICU, struggling to breathe. So when it's finally time for their presentation, Kenny, Malone, and Morris take their positions at microphones around the room. But Hammer doesn't want to get bogged down with what he sees as pointless resolutions. He wants to celebrate. So he suggests they forego presentations and just vote. Morris leans into his mic and says he was assured he and his colleagues would be given an opportunity to speak. He says it'll take less than 15 minutes, but Hammer counters they have other, more important business to get to. Morris holds his ground, and finally Hammer agrees. So from across the room, Sister Malone motions to Kenny. Hammer might only allow one speech, and Kenny's is the most important one. So Kenny steps up to the microphone. She takes a deep

breath and introduces herself as a cancer researcher. And then she tells the room the story of her son's death, explaining how he suffered from kidney failure and how she learned that kidney disease is often linked to chemical exposure. She implores the shareholders to pass their resolution to prevent further tragedies like the death of her son. And when she's finished, to Kenny's surprise, the room claps and Hammer thanks her for coming. But when Sister Malone tries to speak, he says they've heard enough. Hammer calls for a vote, and the resolution is quickly voted down. Morris argues with him again, but now Hammer's lost his patience. He ejects Morris from the meeting.

Sister Malone tries to speak again, but Hammer cuts her off. No, we're not going to listen to you. Kenny is still standing at her microphone, and she can't hold back her frustration any longer. Excuse me, sir, but you haven't listened to us. Hammer turns back toward Kenny. Why are you still here? Your resolution failed. Why don't you just go back to Buffalo? I am from Niagara Falls.

Well, regardless, I do not understand why you're here. What do you expect to accomplish from this nonsense? Occidental Petroleum didn't even own Hooker back when they buried the chemicals. We have no liability in this matter. But you own other potential love canals all over this country. These dumps will destroy everything around them. I'm asking you to stop that. The way our forefathers stopped child labor. They stopped sweatshops. I think you're overstating things. Because first of all, I read that the chromosome study is flawed.

And second, if you really have a problem with all this, then you should take it up with your local government. They're the ones who built a school and a playground on top of the site. We've taken it up with them. For years. They claim no responsibility either. You reap the profits from Hooker, so you should pay for their sins. Mrs. Kenny, I am sorry, but your time is up. I don't know why you're still here unless you're just hoping to make

headlines. I am still here because we're determined that no other child dies in this world because of corporate irresponsibility. Mrs. Kenny, either step away from that microphone voluntarily or you will be removed and you can join your colleague Mr. Morris on the street. Well, thank you for your time. I appreciate your attention to this matter. Kenny realizes that someone has cut her mic. A clerk at the front of the room announces that the meeting is over and all around her people stand up glaring. Kenny keeps still for a second, and then turns and heads out of the room. But as she walks away, a small smile creeps across her face.

She didn't just confront Armand Hammer, she argued with him. She doesn't know what kind of impact it had, but at least she fought. Nothing will ever bring back her son, but today at least, she feels like she's honored his legacy. While Luella Kenney was standing up to Armand Hammer, Lois Gibbs was back in the Homeowners Association office. She'd spent two nights waiting for the FBI to knock on her door, but no one came. So Gibbs went back to work, trying to get the White House to order an evacuation. And finally, just before noon on Wednesday, May 21st, someone from the EPA calls to tell Gibbs that they're about to hold a televised press conference and she should tune in.

There's no TV or radio in the office, so Gibbs convinces the EPA officer to stay on the line, repeating what the deputy director of the EPA says word for word, so she can relay it to the crowd that's back outside the office. So when the press conference starts, Gibbs stands on the front porch of the office, the phone cord stretching through an open window, and repeats every word of the deputy director's statement. Then she pauses in disbelief before repeating one key declaration. Today, the federal government and the state of New York are setting into motion a plan to temporarily relocate all 700 families in the Love Canal area. When the press conference is over, Gibbs throws up her arms in victory, shouting to the crowd, pack your bags and get ready to move. We're getting out.

crowd, pack your bags and get ready to move. We're getting out. The crowd cheers and neighbors embrace each other. Car horns honk and champagne bottles pop. All the while, reporters snap photos. It's pandemonium on the streets like it's been so many times over the past two years, but this time it's a happy pandemonium. Gibbs stands on the porch and takes it all in with a big grin on her face and tears streaming down her cheeks. She's fought the state and federal government for almost two years. It's a struggle that's cost her her marriage and caused her enormous stress and anxiety. But today, she won. And from here on out, her children are going to be safe. Her children are going to be safe.

Even after President Carter's emergency declaration and promise of evacuation, it took another several months to sort out the bureaucracy and get everyone moved out. But by October of 1980, the evacuations were complete. Lois Gibbs was never charged with any crime in connection with holding two EPA employees against their will. In 1983, Gibbs and her two children moved to Arlington, Virginia, where she and her new husband started an organization called the Center for Health, Environment, and Justice. Their mission was to train citizen activists on how to stand up to the government and corporations. Luella Kenney's confrontation with Armand Hammer made national news, and though Hooker Chemical and its parent company, Occidental Petroleum, continued to deny any wrongdoing,

they eventually paid out an estimated $250 million to settle multiple lawsuits filed by New York State, the federal government, and neighborhood residents. But after her dramatic plea at the Occidental shareholders' meeting, Kenny retreated from public life. She continued to raise her children and work as a cancer researcher. And as various anniversaries of the Love Canal crisis passed, she continued to give interviews to tell the world about her son John Allen and how he died. After the evacuations and as part of the reclamation process, the Griffin Manor apartments were demolished.

When Elena Thornton died in 1987, her obituary made no mention of her work on behalf of Griffin Manor residents. EPA Administrator Tom Jorling's Superfund legislation eventually passed in December of 1980, and as of 2023, 457 toxic sites have been cleaned using Superfund money, but over 1,300 sites remain. The cleanup of Love Canal continued throughout the 1990s. In 2004, it was officially removed from the EPA's list of toxic sites, and new residents began to move in. But in 2022, residents around Love Canal started noticing strange odors coming from their drains and a thick tar substance entering their basements. Many claimed that when they bought their houses, no one had told them about the history of their neighborhood.

From Wondery, this is Episode 4 of Love Canal for American Scandal. In our next episode, I speak to author and journalist Keith O'Brien about his book, Paradise Falls, the true story of an environmental catastrophe, which takes a deeper look at the Love Canal crisis and the ordinary people caught at the center of it. If you're enjoying American Scandal, you can unlock exclusive seasons on Wondery Plus. Binge new seasons first and listen completely ad-free when you join Wondery Plus in the Wondery app, Apple Podcasts, or Spotify. And before you go, tell us about yourself by filling out a survey at wondery.com slash survey. If you'd like to learn more about Love Canal, we recommend O'Brien's book Paradise Falls,

as well as the books Laying Waste by Mike Brown and Love Canal, The Story Continues by Lois Gibbs. 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 executive produced by me, Lindsey Graham, for Airship. Audio editing by Christian Paraga. Sound design by Gabriel Gould. Music by Lindsey Graham. This episode is written by Austin Rackless.

Edited by Emma Cortland. Fact-checking by Alyssa Jung Perry. Produced by John Reed. Managing producer, Olivia Fonte. Senior managing producer, Ryan Moore. Senior producer, Andy Herman. Thank you.