Erin Brockovich lends support to Senate clean water bill.

If you're a U.S. senator planning to introduce legislation to designate hexavalent chromium as a water contaminant, and you want your colleagues and the media to take note, you ask for help from the people who brought hexavalent chromium (chromium 6) into the spotlight. You call Erin Brockovich-Ellis and Ed Masry.

That's exactly what Sens. Barbara Boxer (D-Cal.) and Harry Reid (D-Nev.) did. They asked ATLA member Ed Masry and his firm's environmental research director, Brockovich-Ellis, to join them at a news conference to announce the introduction of their bill.

The story of how Brockovich-Ellis uncovered Pacific Gas & Electric's (PG&E) pollution of the water in Hinkley, California --and how she convinced Masry to fight the corporation on behalf of more than 600 people--is chronicled in the film Erin Brockovich. The movie, starring Oscar winner Julia Roberts in the title role, started a public-health dialogue that has made its way to Capitol Hill.

The bill calls for a study by the National Academy of Sciences (NAS) to determine an "appropriate maximum contaminant level goal for chromium 6," a substance used as a rust inhibitor and in paint pigment. Based on the study, the Environmental Protection Agency would establish a federal standard for permissible levels of chromium 6 in water systems. The bill would also make funds available to communities for testing and removing the substance from their water systems.

Lonely fight

"I'm speaking for everyone who was poisoned by chromium 6. [Hinkley] was a very lonely fight. No one knew what we were talking about," said Masry at an April press conference called by Boxer and Reid outside the Capitol building.

"It is undisputed that if you drink enough chromium 6 you will die," he said. "There's not much difference between chromium 6 and rat poison."

Brockovich-Ellis said in a phone interview, "Chromium 6 is a poison. We should not be drinking it. There shouldn't even be a debate over the parts per billion that should be allowed in our water."

She expressed her gratitude to Boxer and Reid for taking the initiative against chromium 6.

"I am delighted to see politicians come forward to introduce a bill that is for the betterment of the people of this country. I am honored to be involved and happy to see leaders making a move to ensure better water quality for all of us," she said.

These days, Brockovich-Ellis and Masry are in high demand from groups that want their support. They choose their affiliations carefully.

"I'm doing a lot of speaking for health-related groups--[those involved with] lymphoma, muscular dystrophy, cystic fibrosis. And I do fund-raising for politicians who are environmentally minded, Republican or Democrat," said Masry, a registered Republican.

He was recently elected to the city council in Thousand Oaks, California, a Ventura County community of about 130,000 people, where he also serves as mayor pro tem.

"I think trial lawyers should get involved in politics and public service," Masry said. He expressed concern about recent moves by the Bush administration to relax environmental regulations. "[Ralph] Nader was wrong when he said it wouldn't matter who was in the White House. It does matter," said Masry.

What matters to Brockovich-Ellis is connecting with people. "I speak to groups that I think will be receptive--communities, people in need of help, lawyers' groups," she said. She especially enjoys speaking to college and university students because "they are looking at values and morals. They are our next generation of leaders."

Brockovich-Ellis said she wants to inspire people. She asks audiences, "What has happened to our honor, our morals, and our priorities?"

Her examination of personal values stems, in part, from what she learned when working on the Hinkley case.

"I've seen corporate America deceive people," she said. Instead of denying their wrongful conduct, companies should "help solve the problem."

On lawyers

Masry said he agreed to work on the film only after he felt sure it would portray trial lawyers in a positive light. In one of its great scenes, Roberts as Brockovich gives a simple and effective explanation of the contingent fee system.

"The movie had to bring out what we trial lawyers risk," said Masry. "I was concerned that the role of lawyers might be totally ignored, so I asked [the director] to make sure that, whatever else he did, he showed what we risk."

Masry and his law partner, James Vititoe, mortgaged their homes and borrowed money to sustain the Hinkley case before attorneys Walter Lack and Tom Girardi came on board. "They are the real heroes. They carried the ball," Masry said. "I had tried to get three other firms involved, and they were scared by either the statute of limitations or by PG&E."

Brockovich-Ellis said working with Lack, Girardi, and Masry changed her opinion of lawyers. "Thanks to them, I have a greater appreciation of and respect for plaintiff lawyers. I appreciate them more today for what they do on behalf of people than ever before," she said.

Now, nearly 10 years after Hinkley, Masry and Brockovich-Ellis continue to work on toxic tort cases from Hawaii to New York. Masry, now 68, said he will "never" retire.

"I'm pleased that I'm doing something that helps people and our profession," he said. "And I'm glad we've got Erin, who will step forward to help us. It's hard to argue with Erin."

Kristin Loiacono is media relations coordinator for ATLA.