Sixth year of Civil Action trial sees plaintiffs win

Whatever side teaches the science of groundwater flow to the jury often comes out on top in a mock trial held annually in the Department of Geological and Atmospheric Sciences.

This year, for the fourth time in the six years the student version of A Civil Action trial, the plantiffs won. The mock trial was held at Iowa State Thursday, Nov. 29.

"This year, the case was more focused on technical issues involving hydrogeology" said William Simpkins, professor of geological and atmospheric sciences, who teaches Geology 411/511 and incorporates the book in his hydrogeology class. "Both sides did a much better job of explaining the path of groundwater from the two companies to wells in the community and how long it would have taken TCE to go to those wells."

A Civil Action is a 1995 book by Jonathan Harr about a toxic tort lawsuit brought by Woburn, Mass., residents in 1982, charging that three companies (W.R. Grace, Beatrice Foods and Unifirst Corp.) had allowed the solvent TCE (trichloroethylene) to leak into groundwater and be drawn in Woburn city wells.

The landmark environmental case was tried in 1986 and used expert testimony by famous hydrogeologists to prove or disprove that the companies could have contributed to the wells' contamination. The plaintiffs alleged that the TCE had contributed to increased instances in leukemia cases among Woburn children, which ultimately led to the death of several young children.

The book was later made into a movie starring John Travolta.

"We begin as a group discussion of the book in 2001 and we did our first trial in 2002," Simpkins said. "During that time, we have made efforts to simplify the proceedings and streamline the trial for the jury. The Internet has also given the students access to many interpretations of the hydrogeology and computer models that show what might have happened to contaminate wells in Woburn."

Simpkins says the book is a natural for students in hydrogeology to study.

"When I first read the book it occurred to me pretty quickly that the basic concepts dealt with in the case could be integrated into a senior-based course on hydrogeology (the branch of the geological sciences which is concerned with the character, source, occurrence, movement, availability and use of water, particularly groundwater)," Simpkins said. "But we had to use in such a way that it not only got the students to read the book, but to explore the technical aspects of the case.

"Although the case still stands out as classic in the area of groundwater contamination due to suspected corporate activities, the process whereby students assemble a case for a trial forces them to integrate all the concepts that they have learned in the course," Simpkins said. "It is a great capstone for the course."

Students in the senior-laden course are divided into two groups, one representing the plaintiffs and the other the companies being sued. They prepare the case for a mock trial in the weeks proceeding the event.

"After reading the book they can see how the testimony was correctly or incorrectly used to make key points," Simpkins said. "The case also highlighted the problem of using scientific experts to unravel a complex hydrogeologic problem for essentially a lay jury."

The trial involves presentation of evidence by "expert" student witnesses that attempt to prove the companies did or did not contaminate the groundwater in the well fields. The students assume the identities of real characters in the case. The students in the class argued their case in front of a jury consisting of primarily sophomore students in Geology 100.

"It's really a great learning experience for the students," Simpkins said. "It's exciting to see how anxious they were to show what they have learned in the course about hydrogeology and how it is all relevant to this particular case.