North Carolina Marine Corps base Camp Lejeune was host to one of the worst cases of water contamination in United States history. The contamination also affected the nearby Marine air station at New River. Recently, the federal government passed a law giving veterans and others exposed to Camp Lejeune contamination the right to sue for any illnesses caused. A flurry of litigation has already emerged.

The water contamination at Camp Lejeune arose from multiple sources. Several wells at the base were contaminated with several chemicals including trichloroethylene (TCE), perchloroethylene (PCE), benzene, vinyl chloride, and other volatile organic compounds (VOCs). The water in the wells, in turn, was sent to a nearby water treatment plant, contaminating all water sources in the area. Contaminants arose from leaking underground storage tanks, industrial area spills, and waste disposal sites--specifically, dumping by a nearby dry cleaning business. The Marine Corps discovered the VOC contamination as early as 1982, although the most contaminated wells were not shut down until February 1985.

According to the federal Agency for Toxic Substances and Disease Registry (ATSDR), exposure to the contaminants in the Camp Lejeune water supply between the 1950s and 1985 “likely increased the risk” of several conditions, including a variety of cancers (kidney, multiple myeloma, leukemia, and others), “adverse birth outcomes,” Parkinson’s disease, and other serious health effects. In 2013, the CDC released a study confirming that children born to mothers who worked or lived at Camp Lejeune while pregnant had four times the risk of birth defects such as spina bifida.

In August 2022, President Biden signed the Honoring Our Promise to Address Comprehensive Toxics Act (the Honoring Our PACT Act), which included the Camp Lejeune Justice Act (CLJA). The bipartisan legislation revived the claims of Camp Lejeune residents and their families, claims that would have been time-barred per North Carolina’s statute of repose. The CLJA arose after more than 850 lawsuits brought by Marines, family members, and employees targeting the Camp Lejeune contamination were consolidated and dismissed in light of North Carolina’s 10-year time limit on tort cases.

Under the CLJA, veterans, employees at the base, and anyone else exposed to the contaminated water for at least 30 days between August 1, 1953, and December 31, 1987, can sue the federal government. The CLJA grants a cause of action for anyone exposed to Camp Lejeune water and suffered harm that was either “caused by,” “associated with,” or “linked to” exposure to the water, or for whom “exposure to the water increased the likelihood” of their harm. Victims have a two-year window to bring their claims, which would otherwise have been barred under North Carolina law. Vets are able to take advantage of the CLJA cause of action even if they already collected (or were denied) VA benefits in connection with their illness.

The permissive language has already given rise to thousands of lawsuits claiming a variety of conditions caused by the polluted water. These cases will, however, proceed individually: On September 20, a federal judge rejected efforts by 15 law firms to consolidate Camp Lejeune claims into a single class action.

Recovery amounts will vary by person, but the government has already allocated $6.7 billion to pay out Camp Lejeune settlements and jury verdicts. The final amount paid in connection with Camp Lejeune could be anywhere above or below that figure, but the allocation gives some insight as to the government’s expectations regarding liability.