Toxic Secrecy: The Marine Corps' Cover-up of Water Contamination at Camp Lejeune

By ANGELA CANTERBURY and ABBY EVANS

It's been called one of the worst toxic contaminations in the country. It's also possibly one of the U.S. military's most shameful acts of deception and betrayal. Between 1957 and 1987, as many as one million Marines and their family members at Camp Lejeune drank, bathed in, and cooked with water contaminated by various volatile organic compounds--some at levels as high as 280 times what is considered safe under law. For years, the Marine Corps kept this secret, blocking many attempts to uncover the truth--even after the first news of water contamination broke in 1987.

Many Marines who ingested contaminated water at Camp Lejuene, the largest Marine base on the East Coast, have died or lost family members, especially children with extreme birth defects or leukemia--and many more still are sick and dying with rare cancers and other ailments believed to be linked to the water contamination. Civilian employees who worked on the base and people who live in the communities around the base near Jacksonville, NC, are also reporting a high incidence of cancers. And yet the plight of these victims and the lack of accountability by the Marine Corps are not well known.

A new, powerful documentary seeks to change that, and bring some much-needed attention to the ongoing suffering and injustice. Rachel Libert and Tony Hardmon’s Semper Fi: Always Faithful is a moving portrayal of Marine Corps Master Sgt. Jerry Ensminger. Ensminger is a former drill sergeant of twenty-five years who searched for years after his tour at Camp Lejeune for answers: Why did his nine-year-old die of a rare type of leukemia? Why did so many other infants and children die at Camp Lejeune? Why do former residents of Camp Lejeune have the largest cluster of male breast cancer ever documented?

After years of relentless researching, Jerry, along with Tom Townsend, Mike Partain and a handful of others finally exposed the truth: The United States Marine Corps knowingly allowed marines and civilians to be exposed to a host of toxic chemicals, including known human carcinogens benzene and vinyl chloride. They gleaned the truth in part from information accidentally (and temporarily) posted on the internet by the Marine Corps, as many of their Freedom of Information Act requests were denied. Anyone interested in the military, the environment, health, freedom of information, or justice--basically everyone--should see this film.

Though Jerry and the other truth-seekers were eventually victorious in proving exposure at Camp Lejeune to high levels of known carcinogens, the travesty is ongoing. The Marine Corps continues to betray its own by having done next to nothing to care for, treat, or compensate the Camp Lejeune victims.

Legislation is now moving in Congress to at least provide health and nursing care for those exposed to toxins at Camp Lejeune. Today, the Senate Committee on Veteran’s Affairs will vote on a Caring for Camp Lejeune Veterans Act, S. 277, a bill introduced by Senators Richard Burr (R-NC) and Kay Hagen (D-NC). A companion bill named for Jerry’s daughter, the Janey Ensminger Act, H.R. 1742, was introduced by Representative Brad Miller (D-NC) and has several bipartisan cosponsors.

Though it is an outrage, it appears it will take an act of Congress to provide the care that is owed to the Marines and their families. Such a measure was passed for victims of Agent Orange, and it seems it is the very least that is owed to the Camp Lejeune victims. The House and Senate should make this legislation law this year.

Unfortunately, the extent to which our troops and civilians working on and living near military facilities have been harmed by toxic chemicals is not known. There are at least 130 other bases across the U.S. that are also on the EPA cleanup list--and those are just the officially confirmed contaminations.

Secrecy by the military continues…

In fact, POGO has been fighting a secrecy measure recently included in the defense budget. As originally proposed by the Dept. of the Navy, the extremely broad exemption to the Freedom of Information Act (FOIA) under the guise of protecting “Critical Infrastructure Information” from terrorists would allow exactly the kind of information relating to the Camp Lejeune water contamination to be withheld from the public (along with all kinds of other information that is not in the public interest or in the interest of national security to withhold).

This proposed FOIA exemption appears to be in direct response to this year’s Supreme Court decision in Milner v. Navy, which narrowed the use of Exemption 2. In fact, according to Mike Partain, who was an infant at Camp Lejeune and has male breast cancer, Exemption 2 was frequently used by the Marine Corps to withhold records about the water contamination. Having no other exemption to lawfully use to keep such information secret after Milner could be one motivation for the Department of Defense (DoD) in seeking the secrecy provision in the defense budget.

Fortunately, last month, Rep. Maloney (D-NY) succeeded in offering an amendment to the House National Defense Authorization Act (NDAA) that POGO supported to help ensure that information in the public interest, particularly regarding health and safety, is not withheld under the exemption by claiming national security.

The DoD has a responsibility to protect our national security interests, but that duty must be balanced with other public interests. Rep. Maloney’s amendment narrows the DoD’s ability to claim the exemption FOIA under the premise of protecting critical infrastructure and strikes the right balance between security and other public interests such as health and safety.

Now the Senate must likewise amend the FOIA exemption in the defense budget to make Camp Lejeune cover-ups more difficult. The Senate is expected to take up the NDAA after the August recess. 

We cannot allow for more military cover-ups and must hold DoD accountable for all health hazards caused by our military throughout the U.S. and the world. Congress can start by guaranteeing Camp Lejeune veterans and their families’ health care, and by denying DoD the ability to keep their deadly mistakes secret.

UPDATE: The Caring for Camp Lejeune Veterans Act (S. 277), has passed out of the Senate Committee on Veterans’ Affairs with bipartisan support.   

Angela Canterbury is POGO’s Director of Public Policy. Watch the trailer for Semper Fi: Always Faithful below.

Semper Fi: Always Faithful Trailer from Rachel Libert on Vimeo.

Comments

[John T. Scansarole Sgt USMCR]

I just viewed Master Sargeant Jerry Ensminger's documentary, "Semper Fi, Always Fateful". I was stationed at Camp Lejeune, NC from August to October 1969. I was in HQ Co. 6th Marines, I was assigned to the Military Police for the 6th Marines. In 2004 I was diagnosed with prostate cancer and in 2011 I was diagnosed with synovil sarcoma a rare cancer on my wrist. The first doctor who operated on my wrist had told me it was a ganglion cyst. The pathology report confirmed it was a synovil sarcoma. The surgeon told me in 35 years of practicing medicine as a orthopedic surgeon he had never seen a synovil sarcoma case. Posted April 27, 2012.

[Lynne Noland Gladden Clear]

what about the wifes of these men? what happens to them?

[susan utsey]

http://signon.org/sign/release-the-report-on.fb1?source=c.fb Please sign the petition demanding the report on TCE and it's effect on children be published. Many who were exposed at Camp LeJeune have been waiting for this report; as well as the medical commuunity.

[billwalker]

The military are not famous for being forthcoming on their FUs.

[Robert Carpenter]

as 1 of the fallen some ex svc men cant even make a living
because of all the things that are wrong with them im 1 who knows and i hope they will before more have to die

[MELODY]

IT IS A SHAME THAT THEY HAVE TREATED THESE PEOPLE AS THEY HAVE WITH VIETNAM. THE GOVERNMENT DOESNT WANT TO TAKE BLAME FOR THEIR ACTIONS. EVEN THE CHILDREN OF VIETNAM VETS THAT HAVE BEEN IN CONTACT WITH AGENT ORANGE AND IT IS TOXIC TOO-MANY ARE BORN WITH BIRTH DEFECTS TOO. THE GOVERNMENT NEEDS TO ANSWER TO THEIR ERROR AND TAKE CARE OF THE FAMILIES AND CHILDREN AND MAYBE GRANDCHILDREN. THIS NEEDS DONE NOW. NOT JUST MEDICAL CARE--THEY NEED HELP FINANCIALLY--ALOT OF THEM CANT WORK BECAUSE OF SKIN DISEASES OR MAJOR MEDICAL PROBLEMS AND THEY ARE DYING AT A YOUNG AGE ALSO.

[Glen Milner]

I appreciate the effort here, but the DoD already has laws and exemptions to the FOIA in place to prevent the release of sensitive or classified information. Both the recently passed House version and the proposed Senate version (sec. 1044) of the National Defense Authorization Act are unnecessary and block the release of critical public information.

The DoD has informed the Senate Armed Services Committee that “information about the specific location of explosives, harmful chemicals, alarms, pipelines and manifolds, security stations and devices, or communication centers on military bases could jeopardize the security of the personnel, facilities, and equipment on such bases.”

It is the first two issues—information concerning the locations of explosives and harmful chemicals—that are important to the public. The DoD already has the ability to withhold information regarding the locations of alarms, pipelines, security stations and communication centers on military bases.

Recently we have witnessed disasters in Japan and the United States involving a mix of highly toxic material and advanced technology. We should know that accidents are normal and to be expected, and that unexpected events, involving both natural and unnatural hazards, do happen.

But as our technology becomes more complex, we are asked to trust the Department of Defense in our communities. At Naval Magazine Indian Island, the Navy increased the limit on explosives at the Explosives Handling Wharf by 33 percent, while telling the citizens of Port Townsend that this explosives limit has never changed, and never will change. The Navy also refused to release information regarding its scuttling site in Port Townsend Bay and the Navy’s emergency response plan that would put citizens at risk.

In addition, areas on military facilities rated for explosives or chemicals do not necessarily contain hazardous material at a given time. This type of information has a limited use if an individual or group were attempting to cause harm. Their focus might instead turn out to be an empty ammunition vessel or an empty storage bunker.

Section 1044 would allow the DoD to withhold records essential for Emergency Planning and Community Right-to-Know Act (EPCRA) requirements. The DoD is not exempt from these regulations.

EPCRA was passed in response to concerns regarding the environmental and safety hazards posed by the storage and handling of toxic chemicals. These concerns were triggered by the disaster in Bhopal, India in 1984, in which more than 2,000 people suffered death or serious injury from the accidental release of methyl isocyanate. To reduce the likelihood of such a disaster in the United States, Congress imposed requirements on both states and regulated facilities.

If the Department of Defense is able to withhold sensitive records responsive to EPCRA reporting requirements, the law would have no meaning or use for public safety.

Key sections of the EPCRA include:

Sections 301 to 303--Emergency Planning. Local governments are required to prepare chemical emergency response plans, and to review plans at least annually. State governments are required to oversee and coordinate local planning efforts. Facilities that maintain Extremely Hazardous Substances (EHSs) on-site in quantities greater than corresponding Threshold Planning Quantities (TPQs) must cooperate in emergency plan preparation.

Section 304--Emergency Notification. Facilities must immediately report accidental releases of EHS chemicals and "hazardous substances" in quantities greater than corresponding Reportable Quantities (RQs) defined under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to state and local officials. Information about accidental chemical releases must be available to the public.

Sections 311 and 312--Community Right-to-Know Requirements. Facilities manufacturing, processing, or storing designated hazardous chemicals must make Material Safety Data Sheets (MSDSs) describing the properties and health effects of these chemicals available to state and local officials and local fire departments. Facilities must also report, to state and local officials and local fire departments, inventories of all on-site chemicals for which MSDSs exist. Information about chemical inventories at facilities and MSDSs must be available to the public.

Section 313--Toxics Release Inventory. Facilities must complete and submit a Toxic Chemical Release Inventory Form annually for each of the more than 600 Toxic Release Inventory (TRI) chemicals that are manufactured or otherwise used above the applicable threshold quantities.

A 2007 Navy publication titled, OPNAVINST 5090.1C, Navy Environmental and Natural Resources Program Manual, states that munitions and munitions handling operations are required to comply with EPCRA requirements (See Chapter 6, Procedures for Implementing the Emergency Planning and Community Right-To-Know Act (EPCRA).

The Navy is far from compliance with the EPCRA in the Puget Sound region. Section 1044 of the National Defense Authorization Act and the EPCRA are incompatible regulations. The intent of Section 1044 is to create more secret records instead of providing citizens information critical for public safety.

Section 1044 establishes a “senior Department of Defense civilian” in charge of withholding information critical to the public.

A senior Department of Defense civilian would only have to create a “statement of the basis for the determination” in order to withhold information. The fact that the Senate is responsible for confirmation will make little difference in what records this individual will withhold from the public after confirmation.

Text of Section 1044 of the Senate's National Defense Authorization Act:

Treatment under Freedom of Information Act of certain sensitive national security information (sec. 1044)
The committee recommends a provision that would authorize the Secretary of Defense to exempt from disclosure under the Freedom of Information Act (section 552 of title 5, United States Code):

(1) critical infrastructure information, the disclosure of which would reveal vulnerabilities, the exploitation of which could result in the disruption or degradation of Department of Defense facilities; and

(2) data files of the Military Flight Operations Quality Assurance (MFOQA) system, the disclosure of which would reveal sensitive information regarding the tactics and capabilities of military combat aircraft, units, or aircrews.

Covered information would be exempt only upon a written determination by a senior Department of Defense civilian serving in a Senate-confirmed position. Each determination would be accompanied by a statement of the basis for the determination and would be available to the public upon request.

The Department of Defense has informed the committee that information about the specific location of explosives, harmful chemicals, alarms, pipelines and manifolds, security stations and devices, or communication centers on military bases could jeopardize the security of the personnel, facilities, and equipment on such bases.

The Department has also indicated that the disclosure of aggregated and analyzed data generated by the MFOQA system concerning aircraft flight operations, aircrew training and readiness, and the assignment of aircraft and aircrew to specific units could jeopardize the military’s ability to maintain a tactical and technical advantage over its adversaries as it performs national security missions.

Glen Milner