Love Canal is a neighborhood in
Niagara Falls, New York, United States, infamous as the location of a landfill that became the site of an enormous environmental disaster in the 1970s. Decades of dumping toxic chemicals harmed the health of hundreds of residents;
the area was cleaned up over the course of 21 years in a
Superfund operation.
In 1890, Love Canal was created as a model
planned community
A planned community, planned city, planned town, or planned settlement is any community that was carefully planned from its inception and is typically constructed on previously undeveloped land. This contrasts with settlements that evolve ...
, but was only partially developed. In the 1920s, the canal became a dump site for municipal refuse for the city of Niagara Falls. During the 1940s, the canal was purchased by
Hooker Chemical Company
Hooker Chemical Company (or Hooker Electrochemical Company) was an American firm producing chloralkali products from 1903 to 1968. In 1922, bought the S. Wander & Sons Company to sell lye and chlorinated lime. The company became notorious in ...
, which used the site to dump of chemical byproducts from the manufacturing of dyes, perfumes, and solvents for rubber and synthetic resins.
Love Canal was sold to the
local school district in 1953, after the threat of
eminent domain
Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Austr ...
. Over the next three decades, it attracted national attention for the public health problems originating from the former dumping of toxic waste on the grounds. This event displaced numerous families, leaving them with longstanding health issues and symptoms of high
white blood cell counts and
leukemia
Leukemia ( also spelled leukaemia and pronounced ) is a group of blood cancers that usually begin in the bone marrow and result in high numbers of abnormal blood cells. These blood cells are not fully developed and are called ''blasts'' or ...
. Subsequently, the federal government passed the
Superfund law. The resulting Superfund cleanup operation demolished the neighborhood, ending in 2004.
In 1988,
New York State Department of Health
The New York State Department of Health (NYSDOH) is the department of the New York state government responsible for public health. It is headed by Health Commissioner Mary T. Bassett, who was appointed by Governor Hochul and confirmed by the S ...
Commissioner
David Axelrod called the Love Canal incident a "national symbol of a failure to exercise a sense of concern for future generations". The Love Canal incident was especially significant as a situation where the inhabitants "overflowed into the wastes instead of the other way around". The
University at Buffalo
The State University of New York at Buffalo, commonly called the University at Buffalo (UB) and sometimes called SUNY Buffalo, is a public research university with campuses in Buffalo and Amherst, New York. The university was founded in 18 ...
Archives house a number of primary documents, photographs, and news clippings pertaining to the Love Canal environmental disaster; many items have been digitized and are viewable online.
Geography
Love Canal is a neighborhood located in the city of
Niagara Falls
Niagara Falls () is a group of three waterfalls at the southern end of Niagara Gorge, spanning the border between the province of Ontario in Canada and the state of New York in the United States. The largest of the three is Horseshoe Fall ...
in the northwestern region of
New York state
New York, officially the State of New York, is a state in the Northeastern United States. It is often called New York State to distinguish it from its largest city, New York City. With a total area of , New York is the 27th-largest U.S. stat ...
. The neighborhood covers 36 blocks in the far southeastern corner of the city, stretching from 93rd Street comprising the western border to 100th Street in the east border and 103rd Street in the northeast.
Bergholtz Creek defines the northern border with the
Niagara River marking the southern border away. The
LaSalle Expressway
The LaSalle Expressway (also known as the LaSalle Arterial) is a limited-access highway in Niagara County, New York, in the United States. It begins near the North Grand Island Bridge at an interchange with Interstate 190 (I-190) in Niagara ...
splits an uninhabited portion of the south from the north. The canal covers of land in the central eastern portion.
Early history
In 1890, William T. Love, an ambitious railroad entrepreneur, prepared plans to construct a preplanned urban community of parks and residences on the shore of
Lake Ontario
Lake Ontario is one of the five Great Lakes of North America. It is bounded on the north, west, and southwest by the Canadian province of Ontario, and on the south and east by the U.S. state of New York. The Canada–United States border ...
, believing it would serve the area's burgeoning industries with much-needed hydroelectricity. He named the project
Model City, New York.
After 1892, Love's plan incorporated a shipping lane that would bypass Niagara Falls. He arranged backing from financial banks in New York City, Chicago, and England. During October 1893, the first factory opened for business. In May 1894, work on the canal began. Steel companies and other manufacturers expressed interest in opening plants along Love Canal.
Love began having a canal dug and built a few streets and houses.
[ Berton, Pierre. Niagara: a history of the falls. McClelland & Stewart Inc. 1994. ]
The
Panic of 1893 caused investors to end sponsorship of the project. Then in 1906, environmental groups successfully lobbied Congress to pass a law, designed to preserve Niagara Falls, prohibiting the removal of water from the Niagara River. Only of the canal was dug, about wide and deep, stretching northward from the Niagara River.
The
Panic of 1907 combined with the development of the transmission of electrical power over great distances, creating access to hydroelectric power far from water sources, proved disastrous. Love's remaining investors forced Love to abandon the project. The last piece of property owned by his corporation was lost to foreclosure and sold at public auction in 1910.
With the project abandoned, the canal gradually filled with water.
Local children swam there during summers and skated during the winters. In the 1920s, the city of Niagara Falls used the canal as a municipal landfill.
Industry and tourism increased steadily throughout the first half of the 20th century due to a great demand for industrial products and the increased mobility of people to travel. Paper, rubber, plastics, petrochemicals, carbon insulators, and abrasives composed the city's major industries.
Love Canal disaster
Pre-disaster state of town
At the time of the dump's closure in 1952, Niagara Falls was experiencing prosperity, and the population had been expanding dramatically, growing by 31% in twenty years (1940–1960) from 78,020 to 102,394.
Hooker Chemical Company
By the end of the 1940s,
Hooker Chemical Company
Hooker Chemical Company (or Hooker Electrochemical Company) was an American firm producing chloralkali products from 1903 to 1968. In 1922, bought the S. Wander & Sons Company to sell lye and chlorinated lime. The company became notorious in ...
was searching for a place to dispose its large quantity of
chemical waste
Chemical waste is any excess, unusable, or unwanted chemical, especially those that cause damage to human health or the environment. Chemical waste may be classified as hazardous waste, non-hazardous waste, universal waste, and household haz ...
. The Niagara Power and Development Company granted permission to Hooker during 1942 to dump wastes into the canal. The canal was drained and lined with thick clay. Into this site, Hooker began placing
drums. In 1947, Hooker bought the canal and the banks on either side of the canal. It subsequently converted it into a landfill.
In 1948, the City of Niagara Falls ended self-sufficient disposal of refuse and Hooker Chemical became the sole user and owner of the site.
In early 1952, when it became apparent that the site would likely be developed for construction, Hooker ceased use of Love Canal as a dumpsite. During its 10-year lifespan, the landfill served as the dumping site of of chemicals, mostly composed of products such as "
caustics,
alkalines,
fatty acid
In chemistry, particularly in biochemistry, a fatty acid is a carboxylic acid with an aliphatic chain, which is either saturated or unsaturated. Most naturally occurring fatty acids have an unbranched chain of an even number of carbon atoms, ...
and
chlorinated hydrocarbon
An organochloride, organochlorine compound, chlorocarbon, or chlorinated hydrocarbon is an organic compound containing at least one covalently bonded atom of chlorine. The chloroalkane class (alkanes with one or more hydrogens substituted by chlo ...
s resulting from the manufacturing of dyes, perfumes, and solvents for rubber and synthetic resins". These chemicals were buried at a depth of . Upon its closure, the canal was covered with a clay seal to prevent leakage. Over time, vegetation settled and began to grow atop the dump site.
By the 1950s, the city of Niagara Falls was experiencing a population increase. With a growing population, the
Niagara Falls City School District
The Niagara Falls City School District is a public school district containing 11 schools in Niagara Falls, New York. The Superintendent of Schools is Mark Laurrie.
History
The district was founded in the early 1900s.
In 1953 the district ...
needed land to build new schools and attempted to purchase the property from Hooker Chemical. The population reached more than 98,000 by the 1950 census.
Sale of the site
During March 1951, the school board prepared a plan showing a school being built over the canal and listing condemnation values for each property that would need to be acquired.
During March 1952, the superintendent of
Niagara Falls School Board inquired of Hooker with regard to purchasing the Love Canal property for the purpose of constructing a new school. After this, in an internal company memorandum dated March 27, 1952, Bjarne Klaussen, Hooker's vice president, wrote to the works manager that "it may be advisable to discontinue using the Love Canal property for a dumping ground."
During April 1952, after discussing the sale of the land with Ansley Wilcox II, Hooker's in-house legal counsel, Klaussen then wrote to the company president, R.L. Murray, suggesting that the sale could alleviate them from future liabilities for the buried chemicals:
While the school board condemned some nearby properties, Hooker agreed to sell its property to the school board for $1. Hooker's letter to the board agreeing to enter into negotiations noted that "in view of the nature of the property and the purposes for which it has been used, it will be necessary for us to have special provisions incorporated into the deed with respect to the use of the property and other pertinent matters." The board rejected the company's proposal that the deed require the land to be used for park purposes only, with the school itself to be built nearby.
As "a means of avoiding liability by relinquishing control of the site", Hooker
deeded the site to the school board in 1953 for $1 with a liability limitation clause. The sale document signed on April 28, 1953, included a seventeen-line
caveat purporting to release the company from all legal obligations should lawsuits occur during the future.
Critics of Hooker's actions believe that, in the words of Craig E. Colton and Peter N. Skinner, "Hooker assigned the board with a continuing duty to protect property buyers from chemicals when the company itself accepted no such 'moral obligation'." The transfer effectively ended what provision of security and maintenance for the hazardous waste had existed before and placed all responsibility in clearly unqualified hands. It was this attempt to evade their responsibility, Colten and Skinner contend, that would "ultimately come back to haunt not only Hooker but all other chemical producers in the United States through the strict liability provisions of Superfund legislation." However, Eric Zeusse writes that Hooker's decision to sell the property rather than allowing the school board to condemn it stemmed from a desire to document its warnings. "Had the land been condemned and seized, says Hooker, the company would have been unable to air its concerns to all future owners of the property. It is difficult to see any other reason for what it did."
Not long after having taken control of the land, the Niagara Falls School Board proceeded to develop the land, including construction activity that substantially breached containment structures in a number of ways, allowing previously trapped chemicals to seep out.
The resulting breaches combined with particularly heavy rainstorms released and spread the chemical waste, resulting in a
public health
Public health is "the science and art of preventing disease, prolonging life and promoting health through the organized efforts and informed choices of society, organizations, public and private, communities and individuals". Analyzing the det ...
emergency and an
urban planning
Urban planning, also known as town planning, city planning, regional planning, or rural planning, is a technical and political process that is focused on the development and design of land use and the built environment, including air, water, ...
scandal. In what became a test case for liability clauses, Hooker Chemical was found to be "negligent" in their disposal of waste, though not reckless in the sale of the land. The dumpsite was discovered and investigated by the local newspaper, the ''
Niagara Falls Gazette
The ''Niagara Gazette'', also referred to as ''The Gazette'', is a morning daily newspaper published in Niagara Falls, New York, United States, which covers several parts of Niagara County, including the Town of Niagara, and the City of Niagara ...
'', from 1976 through the evacuation in 1978.
Construction of the 93rd Street School and the 99th Street School
Despite the disclaimer, the School Board began construction of the "99th Street School" in its originally intended location. In January 1954, the school's architect wrote to the education committee informing them that during excavation, workers discovered two dump sites filled with drums containing chemical wastes. The architect also noted it would be "poor policy" to build in that area since it was not known what wastes were present in the ground, and the concrete
foundation
Foundation may refer to:
* Foundation (nonprofit), a type of charitable organization
** Foundation (United States law), a type of charitable organization in the U.S.
** Private foundation, a charitable organization that, while serving a good cause ...
might be damaged. The school board then relocated the school site further north. The kindergarten playground also had to be relocated because it was directly on top of a chemical dump.
Upon completion in 1955, 400 children attended the school, and it opened along with several other schools that had been built to accommodate students. That same year, a twenty-five-foot area crumbled exposing toxic chemical drums, which then filled with water during rainstorms. This created large puddles that children enjoyed playing in. In 1955, a second school, the 93rd Street School, was opened six blocks away.
School district sells land for home construction
The school district sold the remaining land, resulting in homes being constructed by private developers, as well as the Niagara Falls Housing Authority. The sale came despite the warning of a Hooker attorney, Arthur Chambers, that, as paraphrased in the minutes of a board meeting, due to chemical waste having been dumped in that area, the land was not suitable for construction where underground facilities would be necessary. He stated that his company could not prevent the Board from selling the land or from doing anything they wanted to with it but it was their intent that this property be used for a school and for parking. He further stated that they feel the property should not be divided for the purpose of building homes and hoped that no one will be injured.
During 1957, the City of Niagara Falls constructed sewers for a mixture of low-income and single family residences to be built on lands adjacent to the landfill site. While building the gravel sewer beds, construction crews broke through the clay seal, breaching the canal walls.
Specifically, the local government removed part of the protective clay cap to use as
fill dirt
Fill dirt (also called cleanfill, or just fill) is earthy material which is used to ''fill in'' a depression or hole in the ground or create mounds or otherwise artificially change the grade or elevation of real property.seep
A seep or flush is a moist or wet place where water, usually groundwater, reaches the earth's surface from an underground aquifer.
Description
Seeps are usually not of sufficient volume to be flowing beyond their immediate above-ground location. ...
from the canal.
The land where the homes were being built was not part of the agreement between the school board and Hooker; thus, none of these residents knew the canal's history. There was no monitoring or evaluating of the chemical wastes stored under the ground. Additionally, the clay cover of the canal which was supposed to be impermeable began to crack. The subsequent construction of the LaSalle Expressway restricted
groundwater
Groundwater is the water present beneath Earth's surface in rock and soil pore spaces and in the fractures of rock formations. About 30 percent of all readily available freshwater in the world is groundwater. A unit of rock or an unconsolidated ...
from flowing to the Niagara River. After the exceptionally wet winter and spring of 1962, the elevated expressway turned the breached canal into an overflowing pool. People reported having puddles of oil or colored liquid in yards or basements.
By the 1970s, the Love Canal area was an established suburban community that appealed to commuters and families. It was proximate to the school and newly constructed churches, it was conveniently located just a few miles from the city center, and the expressway provided access to shopping and leisure opportunities. Census data revealed the area had a higher than median income, and the majority of its households included young children. Due to the great percentage of new construction in the area, less than 3% of housing units were unoccupied. In 1976, a report evaluating Niagara Falls ranked Love Canal the fourth-best area in "social well-being." In total, 800 private houses and 240 low-income apartments were constructed.
Before the public revelation of the environmental crisis, developers were planning to expand the area with additional homes. There were 410 children in the school during 1978.
Lead-up and discovery
Residents were suspicious of black fluid that flowed out of the Love Canal. For years, residents had complained about odors and substances in their yards or the public playgrounds. Finally the city acted and hired a consultant,
Calspan Corporation, to do a far-reaching study.
In 1977, a
harsh winter storm dumped of snow, significantly raising the water table. The excess water got into the ground water and raised the elevation of contaminants including dioxin. During the spring of 1977, the State Departments of Health and Environmental Conservation began an intensive air, soil, and groundwater sampling and analysis program after qualitative identification of a number of organic compounds in the basements of 11 homes adjacent to the Love Canal. It was also revealed that the standards at the time did not require the installation of a liner to prevent leaching; this became very common among companies.
Contaminants
Numerous contaminants dumped in the landfill included chlorinated hydrocarbon residues, processed sludge,
fly ash, and other materials, including residential municipal garbage.
Data showed unacceptable levels of toxic vapors associated with more than 80 compounds were emanating from the basements of numerous homes in the first ring directly adjacent to the Love Canal. Ten of the most prevalent and most toxic compounds - including benzene, a known human carcinogen - were selected for evaluation purposes and as indicators of the presence of other chemical constituents.
Laboratory analyses of soil and sediment samples from the Love Canal indicate the presence of more than 200 distinct organic chemical compounds; approximately 100 of these have been identified to date.
Numerous other chemicals seeped through the ground. Some of the chemicals and toxic materials found included benzene, chloroform, toluene, dioxin, and various kinds of PCB.
Consequences
Activism
In 1976, two reporters for the ''
Niagara Falls Gazette
The ''Niagara Gazette'', also referred to as ''The Gazette'', is a morning daily newspaper published in Niagara Falls, New York, United States, which covers several parts of Niagara County, including the Town of Niagara, and the City of Niagara ...
'', David Pollak and David Russell, tested several
sump pumps near Love Canal and found toxic chemicals in them. The ''Gazette'' published reports, once in October 1976 and once in November 1976, of chemical analyses of residues near the old Love Canal dumpsite indicated presence of 15 organic chemicals, including three toxic chlorinated hydrocarbons. The matter became quiet for more than a year and was then revived by reporter Michael Brown, who then investigated potential health effects by performing an informal door-to-door survey during early 1978, writing a hundred news items on toxic wastes in the area and finding birth defects and many anomalies such as enlarged feet, heads, hands, and legs. He advised the local residents to create a protest group, which was organized by resident Karen Schroeder, whose daughter had many (about a dozen) birth defects. The New York State Health Department investigated and found an abnormal incidence of miscarriages.
Brown discovered the size of the canal, the presence of dioxin, the expanding contamination, and the involvement, to an extent, of the
U.S. Army
The United States Army (USA) is the land service branch of the United States Armed Forces. It is one of the eight U.S. uniformed services, and is designated as the Army of the United States in the U.S. Constitution.Article II, section 2, cl ...
. Hooker threatened to sue him and he fought the firm for years, including on the ''Today Show''. His book on toxic wastes, ''Laying Waste: The Poisoning of America By Toxic Chemicals'', was the first written on the subject of toxic wastes and created a national firestorm, as did articles of his in ''
The New York Times Magazine
''The New York Times Magazine'' is an American Sunday magazine supplement included with the Sunday edition of ''The New York Times''. It features articles longer than those typically in the newspaper and has attracted many notable contributors. ...
'' and ''
The Atlantic Monthly
''The Atlantic'' is an American magazine and multi-platform publisher. It features articles in the fields of politics, foreign affairs, business and the economy, culture and the arts, technology, and science.
It was founded in 1857 in Boston, ...
''. He also discovered a huge dump called the Hyde Park landfill (or Bloody Run) and the "S-Area," which was leaking into the water supply for Niagara Falls. His work inspired many activists. He spoke for ten years on the college lecture circuit.
Congressman
John LaFalce
John Joseph LaFalce (born October 6, 1939) is an American politician who served as a Congressman from the state of New York from 1975 to 2003. He retired in 2002 after his district was merged with that of a fellow Democrat.
LaFalce was first ele ...
(D), who represented the district, paid a high profile visit to Love Canal in September 1977, to raise attention to the serious problems. LaFalce intervened to get city, state and federal officials, and Hooker executives, involved to take quick action, but he was met with resistance, apathy and stalling.
By 1978, Love Canal had become a national media event with articles referring to the neighborhood as "a public health time bomb", and "one of the most appalling environmental tragedies in American history".
Brown, working for the local newspaper, the ''Niagara Gazette'', is credited with not only revealing the case, but establishing toxic chemical wastes as a nationwide issue as well. Brown's book, ''Laying Waste'', examined the Love Canal disaster and many other toxic waste catastrophes nationwide.
The dumpsite was declared an unprecedented state of emergency on August 2, 1978. Brown, who wrote more than a hundred articles concerning the dump, tested the groundwater and later found the dump was three times larger than originally thought, with possible ramifications beyond the original evacuation zone. He was also to discover that toxic
dioxins were there.
=Activism tactics
=
Activism at Love Canal was initially organized by community residents Tom Heiser and
Lois Gibbs
Lois Marie Gibbs (born June 25, 1951) is an American environmental activist. A primary organizer of the Love Canal Homeowners Association, Lois Gibbs brought wide public attention to the environmental crisis in Love Canal. Her actions resulted in ...
, with Lois Gibbs often serving as spokesperson. Gibbs's strategies emphasized concerns for children and families of the affected area, with women taking the most prominent public and active roles. Many men also helped women in these efforts, though not always publicly. Men who were hesitant to oppose Hooker Chemical openly for example, were able to contribute to the movement through increased contributions to family labor in the absence of their activist wives.
In addition to community organizing and pressuring authorities for appropriate responses, direct-action forms of activism were employed. Tactics included protests and rallies, which were intentionally timed and planned in an effort to maximize media attention. Such events included "controversial" methods such as mothers protesting while pushing strollers, marching by pregnant women, and children holding protest signs. Notably, two EPA employees were also held hostage by activists for approximately five hours at the LCHA office, in order to bring their demands to the attention of the federal government.
=Role of community organizations
=
Numerous organizations were formed in response to the crisis at Love Canal, with members' activism emphasizing variously overlapping interests. In addition to the Love Canal Homeowners Association (
LCHA), other major organizations involved included the Ecumenical Taskforce (ETF),
National Association for the Advancement of Colored People
The National Association for the Advancement of Colored People (NAACP) is a civil rights organization in the United States, formed in 1909 as an interracial endeavor to advance justice for African Americans by a group including W. E. ...
(NAACP), and the Concerned Love Canal Renters Association (CLCRA). These organizations are often overlooked in the story of Love Canal, according to research by Elizabeth Blum in ''Love Canal Revisited''.
The Ecumenical Taskforce (ETF) was a religious organization composed of volunteers from the surrounding area. In conjunction with other citizens' groups such as LCHA and LCARA, the ETF used their resources to promote environmental health and gender, class, and racial equality.
The NAACP became involved with the Love Canal issue after William Abrams Sr., president of the Niagara Falls chapter drew attention to his wife's fatal liver failure. Abrams's involvement drew attention to racial inequality present in the community and concerns about how this could affect comprehensive relocation efforts. Abrams contacted the regional NAACP director who announced that discrimination against minorities at Love Canal would be met with legal action. This involvement inspired additional support and activism, particularly on behalf of members of the renting community, many of whom were also members of the African-American and immigrant communities at the site.
Another subgroup of local residents formed the Concerned Love Canal Renters Association (CLCRA). This group's action sought to address the needs of the (largely, but not exclusively, African-American) renter community, whose interests were at times perceived to be in conflict with those of some members of the (predominantly white) property owners represented by the LCHA.
In 1980, Lois Gibbs established the Center for Health, Environment, and Justice as a continuation of her activism at Love Canal.
Lois Gibbs and the Love Canal Homeowners' Association
On August 2, 1978,
Lois Gibbs
Lois Marie Gibbs (born June 25, 1951) is an American environmental activist. A primary organizer of the Love Canal Homeowners Association, Lois Gibbs brought wide public attention to the environmental crisis in Love Canal. Her actions resulted in ...
, a local mother who called an election to head the Love Canal Homeowners' Association, began to rally homeowners. Her son, Michael Gibbs, began attending school in September 1977. He developed
epilepsy
Epilepsy is a group of non-communicable neurological disorders characterized by recurrent epileptic seizures. Epileptic seizures can vary from brief and nearly undetectable periods to long periods of vigorous shaking due to abnormal electrica ...
in December, suffered from
asthma
Asthma is a long-term inflammatory disease of the airways of the lungs. It is characterized by variable and recurring symptoms, reversible airflow obstruction, and easily triggered bronchospasms. Symptoms include episodes of wheezing, co ...
and a
urinary tract infection
A urinary tract infection (UTI) is an infection that affects part of the urinary tract. When it affects the lower urinary tract it is known as a bladder infection (cystitis) and when it affects the upper urinary tract it is known as a kidne ...
, and had a low
white blood cell count,
all associated with his exposure to the leaking chemical waste. Gibbs had learned from Brown that her neighborhood sat atop the buried chemical waste.
During the following years, Gibbs organized an effort to investigate community concerns about the health of its residents. She and other residents made repeated complaints of strange odors and "substances" that surfaced in their yards. In Gibbs' neighborhood, there was a high rate of unexplained illnesses, miscarriages, and intellectual disability. Basements were often covered with a thick, black substance, and vegetation was dying. In many yards, the only vegetation that grew were shrubby grasses. Although city officials were asked to investigate the area, they did not act to solve the problem. Niagara Falls mayor Michael O'Laughlin infamously stated that there was "nothing wrong" in Love Canal.
With further investigation, Gibbs discovered the chemical danger of the adjacent canal. This began her organization's two-year effort to demonstrate that the waste buried by Hooker Chemical was responsible for the health problems of local residents. Throughout the ordeal, homeowners' concerns were ignored not only by Hooker Chemical (now a subsidiary of
Occidental Petroleum), but also by members of government. These parties argued that the area's endemic health problems were unrelated to the toxic chemicals buried in the Canal. Since the residents could not prove the chemicals on their property had come from Hooker's disposal site, they could not prove
liability. Throughout the legal battle, residents were unable to sell their properties and relocate.
Federal response
On August 7, 1978, United States President
Jimmy Carter
James Earl Carter Jr. (born October 1, 1924) is an American politician who served as the 39th president of the United States from 1977 to 1981. A member of the Democratic Party, he previously served as the 76th governor of Georgia from 1 ...
announced a federal health emergency, called for the allocation of federal funds, and ordered the Federal Disaster Assistance Agency to assist the City of Niagara Falls to remedy the Love Canal site. This was the first time in American history that emergency funds were used for a situation other than a natural disaster.
Carter had trenches built that would transport the wastes to sewers and had home
sump pumps sealed off.
Congress
A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
passed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), better known as the
Superfund Act. Love Canal became the first entry on the list.
CERCLA
Superfund is a United States federal environmental remediation program established by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). The program is administered by the Environmental Protection Agency ...
created a tax on the chemical and petroleum industries and provided broad Federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment. CERCLA also created a
National Priorities List, a shortened list of the sites that has priority in cleanup. Love Canal was the first Superfund site on that list. Eventually, the site was cleaned and deleted off the list in 2004. Because the Superfund Act contained a "retroactive liability" provision, Occidental was held liable for cleanup of the waste even though it had followed all applicable U.S. laws when disposing of it.
Health effects
At first, scientific studies did not conclusively prove the chemicals were responsible for the residents' illnesses yet scientists were divided on the issue, even though eleven known or suspected
carcinogens
A carcinogen is any substance, radionuclide, or radiation that promotes carcinogenesis (the formation of cancer). This may be due to the ability to damage the genome or to the disruption of cellular metabolic processes. Several radioactive subs ...
had been identified, one of the most prevalent being
benzene
Benzene is an organic chemical compound with the molecular formula C6H6. The benzene molecule is composed of six carbon atoms joined in a planar ring with one hydrogen atom attached to each. Because it contains only carbon and hydrogen atoms ...
. Also present was dioxin (
polychlorinated dibenzodioxins) in the water, a very hazardous substance. Dioxin pollution is usually measured in
parts per trillion
In science and engineering, the parts-per notation is a set of pseudo-units to describe small values of miscellaneous dimensionless quantities, e.g. mole fraction or mass fraction. Since these fractions are quantity-per-quantity measures, they ...
; at Love Canal, water samples showed dioxin levels of 53
parts per billion
In science and engineering, the parts-per notation is a set of pseudo-units to describe small values of miscellaneous dimensionless quantities, e.g. mole fraction or mass fraction. Since these fractions are quantity-per-quantity measures, they ...
(53,000 parts per trillion).
Geologist
A geologist is a scientist who studies the solid, liquid, and gaseous matter that constitutes Earth and other terrestrial planets, as well as the processes that shape them. Geologists usually study geology, earth science, or geophysics, althoug ...
s were recruited to determine whether underground
swales were responsible for carrying the chemicals to the surrounding residential areas. Once there, chemicals could
leach
Leach may refer to:
* Leach (surname)
* Leach, Oklahoma, an unincorporated community, United States
* Leach, Tennessee, an unincorporated community, United States
* Leach Highway, Western Australia
* Leach orchid
* Leach phenotype, a mutation in ...
into
basements and evaporate into
household air.
In 1979, the EPA announced the result of
blood tests which showed high
white blood cell counts, a precursor to
leukemia
Leukemia ( also spelled leukaemia and pronounced ) is a group of blood cancers that usually begin in the bone marrow and result in high numbers of abnormal blood cells. These blood cells are not fully developed and are called ''blasts'' or ...
,
and
chromosome
A chromosome is a long DNA molecule with part or all of the genetic material of an organism. In most chromosomes the very long thin DNA fibers are coated with packaging proteins; in eukaryotic cells the most important of these proteins are ...
damage in Love Canal residents. 33% of the residents had undergone chromosomal damage. In a typical population, chromosomal damage affects 1% of people. Other studies were unable to find harm. The
United States National Research Council
The National Academies of Sciences, Engineering, and Medicine (also known as NASEM or the National Academies) are the collective scientific national academy of the United States. The name is used interchangeably in two senses: (1) as an umbrel ...
(NRC) surveyed Love Canal health studies during 1991. The NRC noted the major exposure of concern was the groundwater rather than drinking water; the groundwater "seeped into basements" and then resulted in exposure through air and soil. Several studies reported higher levels of low-birth weight babies and birth defects among the exposed residents with some evidence the effect subsided after the exposure was eliminated. The National Research Council also noted a study which found exposed children were found to have an "excess of seizures, learning problems, hyperactivity, eye irritation, skin rashes, abdominal pain, and incontinence" and stunted growth.
Vole
Voles are small rodents that are relatives of lemmings and hamsters, but with a stouter body; a longer, hairy tail; a slightly rounder head; smaller eyes and ears; and differently formed molars (high-crowned with angular cusps instead of lo ...
s in the area were found to have significantly increased mortality compared to controls (mean life expectancy in exposed animals "23.6 and 29.2 days, respectively, compared to 48.8 days" for control animals). New York State also has an ongoing health study of Love Canal residents. In that year, the Albert Elia Building Co., Inc., now Sevenson Environmental Services, Inc., was selected as the principal contractor to safely re-bury the toxic waste at the Love Canal Site.
According to the
United States Environmental Protection Agency
The Environmental Protection Agency (EPA) is an independent executive agency of the United States federal government tasked with environmental protection matters. President Richard Nixon proposed the establishment of EPA on July 9, 1970; it ...
(EPA) in 1979, residents exhibited a "disturbingly high rate of
miscarriages ... Love Canal can now be added to a growing list of environmental disasters involving toxics, ranging from industrial workers stricken by
nervous disorders and
cancer
Cancer is a group of diseases involving abnormal cell growth with the potential to invade or spread to other parts of the body. These contrast with benign tumors, which do not spread. Possible signs and symptoms include a lump, abnormal b ...
s to the discovery of toxic materials in the milk of nursing mothers." In one case, two out of four children in a single Love Canal family had
birth defects
A birth defect, also known as a congenital disorder, is an abnormal condition that is present at birth regardless of its cause. Birth defects may result in disabilities that may be physical, intellectual, or developmental. The disabilities can ...
; one girl was born
deaf
Deafness has varying definitions in cultural and medical contexts. In medical contexts, the meaning of deafness is hearing loss that precludes a person from understanding spoken language, an audiological condition. In this context it is written ...
with a
cleft palate
A cleft lip contains an opening in the upper lip that may extend into the nose. The opening may be on one side, both sides, or in the middle. A cleft palate occurs when the palate (the roof of the mouth) contains an opening into the nose. The ...
, an extra row of teeth, and slight
retardation, and a boy was born with an eye defect.
Aftermath
When Eckhardt C. Beck (EPA Administrator for Region 2, 1977–1979) visited Love Canal during the late 1970s, he discerned the presence of toxic substances in the community:
Robert Whalen, then-New York's Health Commissioner, also visited Love Canal and believed that the Canal constituted an emergency, stating: "Love Canal Chemical Waste Landfill constitutes a public nuisance and an extremely serious threat and danger to the health, safety and welfare of those using it, living near it or exposed to the conditions emanating from it, consisting among other things, of chemical wastes lying exposed on the surface in numerous places pervasive, pernicious and obnoxious chemical vapors and fumes affecting both the ambient air and the homes of certain residents living near such sites." Whalen also instructed people to avoid going into their basements as well as to avoid fruits and vegetables grown in their gardens. People became very worried because many had consumed produce from their gardens for several years. Whalen urged that all pregnant women and children under the age of two be removed from Love Canal as soon as possible.
The 99th Street School, on the other hand, was located within the former boundary of the Hooker Chemical landfill site. The school was closed and demolished, but both the school board and the chemical company refused to accept liability. The 93rd Street School was closed some two years later because of concerns about seeping toxic waste.
Evacuation
The lack of public interest in Love Canal made matters worse for the homeowners' association, which was opposed by two organizations that sought to disprove negligence. Initially, members of the association had been frustrated by the lack of a public entity that could advise and defend them. Gibbs met with public resistance from a number of residents within the community. Eventually, the federal government relocated more than 800 families and reimbursed them for the loss of their homes. The state government and federal government used $15 million to purchase 400 homes closest to Love Canal and demolished several rings of houses.
Litigation and compensation
In 1994, Federal District Judge
John Curtin
John Curtin (8 January 1885 – 5 July 1945) was an Australian politician who served as the 14th prime minister of Australia from 1941 until his death in 1945. He led the country for the majority of World War II, including all but the last few ...
ruled that Hooker/Occidental had been
negligent
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a ...
, but not reckless, in its handling of the waste and sale of the land to the
Niagara Falls School Board. Curtin's decision also contains a detailed history of events leading up to the Love Canal disaster.
Occidental Petroleum was sued by the EPA and in 1995 agreed to pay $129 million in restitution. Out of that federal lawsuit came money for a small health fund and $3.5 million for the state health study.
Residents' lawsuits were also settled in the years following the Love Canal disaster.
The Department of Justice published a report noting that the sites have been successfully remediated and are ready again for use. The Love Canal Area Revitalization Authority sold a few abandoned homes to private citizens. Virtually all remedial activities of the site, other than the operation of the
leachate collection system, were completed by 1989.
Remediation
Houses in the residential areas on the east and west sides of the canal were demolished. All that remains on the west side are abandoned residential streets. Some older east side residents, whose houses stand alone in the demolished neighborhood, chose to stay. It was estimated that fewer than 90 of the original 900 families opted to remain. They were willing to remain as long as they were guaranteed that their homes were in a relatively safe area. On June 4, 1980, the
state government founded the Love Canal Area Revitalization Agency (LCARA) to restore the area. The area north of Love Canal became known as Black Creek Village. LCARA wanted to resell 300 homes that had been bought by New York when the residents were relocated. The homes are farther away from where the chemicals were dumped. The most toxic area () was reburied with a thick plastic liner, clay and dirt. A high barbed wire fence was installed around the area.
[Jordan, Michael, ''Hush Hush: The Dark Secrets of Scientific Research''. Buffalo: Firefly Books, 2003, p.108.] It has been calculated that 248 separate chemicals, including of dioxin, have been unearthed from the canal.
Analysis
In 1998,
Elizabeth Whelan, founder of industry advocacy group
American Council on Science and Health, wrote an editorial about the Canal in which she stated that the media started calling the Canal a "public health time bomb", an editorial that created minor hysteria. She declared that people were not falling ill because of exposure to chemical waste, but from stress caused by the media.
Besides double the rate of birth defects to children born while living on Love Canal, a follow-up study two decades after the incident "showed increased risks of low birth weight, congenital malformations and other adverse reproductive events".
Love Canal, along with
Times Beach, Missouri
Times Beach is a ghost town in St. Louis County, Missouri, United States, southwest of St. Louis and east of Eureka. Once home to more than two thousand people, the town was completely evacuated early in 1983 due to TCDD—also known as diox ...
and the
Valley of the Drums, Kentucky, are important in
United States environmental history as three sites that significantly contributed to the passing of the
CERCLA
Superfund is a United States federal environmental remediation program established by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). The program is administered by the Environmental Protection Agency ...
. Love Canal "become the symbol for what happens when hazardous industrial products are not confined to the workplace but 'hit people where they live' in inestimable amounts".
Love Canal was not an isolated case. Eckardt C. Beck suggested that there are probably hundreds of similar dumpsites.
President Carter declared that discovering these dumpsites was "one of the grimmest discoveries of the modern era".
Had the residents of Love Canal been aware that they were residing on toxic chemicals, most would not have moved there in the first place. Beck noted that one main problem remains that ownership of such chemical companies can change over the years, making liability difficult to assign (a problem that would be addressed by CERCLA, or the Superfund Act).
Beck contended that increased commitment was necessary to develop controls that would "defuse future Love Canals".
The
free market environmentalist
Free-market environmentalism argues that the free market, property rights, and tort law provide the best means of preserving the environment, internalizing pollution costs, and conserving resources.
Free-market environmentalists therefore a ...
activists have often cited the Love Canal incident as a consequence of government decision-makers not taking responsibility for their decisions. Stroup writes, "The school district owning the land had a laudable but narrow goal: it wanted to provide education cheaply for district children. Government decision makers are seldom held accountable for broader social goals in the way that private owners are by liability rules and potential profits."
Conclusion
In 2004, federal officials announced that the Superfund cleanup has ended, albeit cleanup had concluded years prior. The entire process occurred over 21 years and cost a total of $400 million.
About 260 homes north of the canal have been renovated and sold to new owners, and about east of the canal have been sold to commercial developers for light industrial uses. In total, 950 families had been evacuated. The site was removed from the Superfund list on September 30, 2004.
Controversies related to moved Love Canal waste and reports of illness
The Niagara Sanitation landfill covers in
Wheatfield, New York
Wheatfield is a town in Niagara County, New York, United States. The population was 18,117 at the 2010 census. The name stems from the agricultural use of the town lands, the growing of wheat.
The Town of Wheatfield is east of Niagara Falls Int ...
. The state Department of Transportation moved approximately of material from the Love Canal landfill to Niagara Sanitation. Residents of
North Tonawanda
North Tonawanda is a city in Niagara County, New York, United States. The population was 31,568 at the 2010 census. It is part of the Buffalo–Niagara Falls Metropolitan Statistical Area. The city is named after Tonawanda Creek, its south bo ...
and Wheatfield suffering severe health problems say the waste was subsequently disturbed during the construction of the LaSalle Expressway in Niagara Falls. The
New York Department of Environmental Conservation
The New York State Department of Environmental Conservation (informally referred to as NYSDEC, DEC, EnCon or NYSENCON) is a department of New York state government. The department guides and regulates the conservation, improvement, and protection ...
(DEC) contends there is no proof the landfill leaks. A lawsuit asserts that Hooker's creation of a brine pipeline along the edge of the landfill used to move brine from Wyoming County to its Niagara Falls plant location, may have created a conduit for the landfilled waste to leak out.
In popular culture
The legacy of the disaster inspired a fictionalized 1982 made-for-TV film titled ''Lois Gibbs and the Love Canal''. An award-winning documentary by
Lynn Corcoran
Lynn may refer to:
People and fictional characters
* Lynn (given name), including a list of people and fictional characters
* Lynn (surname)
* The Lynns, a 1990s American country music duo consisting of twin sisters Peggy and Patsy Lynn
* Lynn ( ...
titled ''
In Our Own Backyard'' was released in the U.S. in 1983. ''
Modern Marvels
''Modern Marvels'' is an American worldwide television series that formerly aired on the History Channel and is currently shown on Story Television. The program focuses on how technologies affect and are used in modern society. It is History's ...
'' retold the disaster in 2004.
Joyce Carol Oates included the story of Love Canal in her 2004 novel ''
The Falls
The Falls may refer to:
* ''The Falls'' (Oates novel), 2004 novel by Joyce Carol Oates
* ''The Falls'' (Rankin novel), 2001 crime novel by Ian Rankin
* The Falls (mall), an open-air shopping mall in Kendall, Florida
* The Falls, Nova Scotia, a ...
'', but changed the time period of the disaster to the 1960s. The latest history of Love Canal is ''Paradise Falls: The True Story of an Environmental Catastrophe'', written by journalist Keith O’Brien, published by Pantheon in 2022.
The film ''
Tootsie
''Tootsie'' is a 1982 American satirical romantic comedy-drama film directed by Sydney Pollack and starring Dustin Hoffman. Its supporting cast includes Pollack, Jessica Lange, Teri Garr, Dabney Coleman, Bill Murray, Charles Durning, Geo ...
'' has a character (played by
Bill Murray
William James Murray (born September 21, 1950) is an American actor and comedian. He is known for his deadpan delivery. He rose to fame on ''The National Lampoon Radio Hour'' (1973–1974) before becoming a national presence on '' Saturday Nig ...
) attempting to produce a play called "Return to Love Canal". In response to the pitch for the play,
Sydney Pollack tells
Dustin Hoffman
Dustin Lee Hoffman (born August 8, 1937) is an American actor and filmmaker. As one of the key actors in the formation of New Hollywood, Hoffman is known for his versatile portrayals of antiheroes and emotionally vulnerable characters. He is ...
that "Nobody wants to produce a play about a couple that moved back to Love Canal. Nobody wants to pay twenty dollars to see people living next to chemical waste. They can see that in
New Jersey
New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delaware ...
."
"Love Canal" was also a segment in the premiere episode of
Michael Moore's television series ''
TV Nation
''TV Nation'' is a satirical news magazine television series written, co-produced, directed and hosted by Michael Moore that was co-funded and originally broadcast by NBC in the United States and BBC2 in the United Kingdom. The show blended hum ...
'', which featured realtors attempting to lure prospective residents to the area.
"Love Canal" is the name of a 7" single released by the
noise-punk
Noise rock (sometimes called noise punk) is a noise-oriented style of experimental rock that spun off from punk rock in the 1980s. Drawing on movements such as minimalism, industrial music, and New York hardcore, artists indulge in extreme l ...
band
Flipper in February 1981. The lyrics are about the disaster.
In the 2000 film ''
Erin Brockovich
Erin Brockovich (née Pattee; born June 22, 1960) is an American legal clerk, consumer advocate, and environmental activist who, despite her lack of education in the law, was instrumental in building a case against Pacific Gas & Electric Compan ...
'', when legal counsel
Ed Masry holds a town meeting to discuss
arbitration in the case of
Hinkley groundwater contamination
From 1952 to 1966, Pacific Gas and Electric Company (PG&E) dumped about 370 million gallons (1,400 million litres) of chromium-tainted wastewater into unlined wastewater spreading ponds around the town of Hinkley, California, located in the ...
by Pacific Gas and Electric, the townsfolk are reluctant to agree. When they turn on the idea, Masry brings up Love Canal, as an example where going to trial would be more time-consuming and difficult, explaining that many plaintiffs still had open cases being settled or appealed. When the film was set, in 1993, litigation for Love Canal was still ongoing, despite coming to public and government attention in the late 1970s.
See also
*
102nd Street chemical landfill
The 102nd Street chemical landfill, is a former chemical landfill located on the Niagara River in Niagara Falls, New York. It is almost immediately adjacent to the infamous Love Canal chemical landfill, which are split from each other by the LaS ...
, a landfill located immediately to the south of Love Canal.
*
Superfund
*
Cancer Alley
Cancer Alley (french: Allée du Cancer) is the regional nickname given to an stretch of land along the Mississippi River between Baton Rouge and New Orleans, in the River Parishes of Louisiana, which contains over 150 petrochemical plants and ...
(in Louisiana)
*
Landfills in the United States
Municipal solid waste (MSW) – more commonly known as trash or garbage – consists of everyday items people use and then throw away, such as product packaging, grass clippings, furniture, clothing, bottles, food scraps and papers. In 2018, A ...
*
Spring Valley, Washington, D.C.
*
Times Beach, Missouri
Times Beach is a ghost town in St. Louis County, Missouri, United States, southwest of St. Louis and east of Eureka. Once home to more than two thousand people, the town was completely evacuated early in 1983 due to TCDD—also known as diox ...
*
Valley of the Drums
The Valley of the Drums is a 23-acre (9.3 hectare) toxic waste site near Brooks in northern Bullitt County, Kentucky, near Louisville, named after the waste-containing drums strewn across the area. After it had been collecting waste since the ...
*
Centralia, Pennsylvania
Centralia is a borough and near- ghost town in Columbia County, Pennsylvania, United States. It is part of Northeastern Pennsylvania. Its population has declined from 1,000 in 1980 to five residents in 2020 because a coal mine fire has been bur ...
and its Centralia mine fire, mine fire
* William Ginsberg, member of New York State task force investigating Love Canal in 1979, and author of state report.
* ''The Killing Ground (film), The Killing Ground''
References
Bibliography
*
Google books*
Google books*
External links
Love Canal Collections in the University Archives University at Buffalo Libraries
Adeline Levine Love Canal Papersat The Buffalo History Museum
Love Canal Medical Fund, Inc.New York Heritage: Love Canal Images2008 Follow Up Study{{Authority control
Love Canal,
Canals in New York (state)
Disasters in New York (state)
Environmental issues in New York (state)
Environmental controversies
Environmental disasters in the United States
Forcibly depopulated communities in the United States
Health disasters in the United States
Former landfills in the United States
Neighborhoods in Niagara Falls, New York
Pollution in the United States
Superfund sites in New York (state)
Waste disposal incidents in the United States
Environmental disaster ghost towns
1976 in the environment
1978 in the environment
Urban decay in the United States