In northeast Wichita, Kansas, chemicals known to increase the risk of human cancer have been seeping into the ground for decades, contaminating groundwater without the public’s knowledge, local officials say.
Nearly 50 years after the trichlorethylene chemical spill that likely put generations of professionals at risk, community movements seeking more complete protections and the possibility of class action lawsuits are growing.
“Northeast Wichita is a community of resilience and grit,” Wichita City Councilman Joseph Shepherd, who represents the affected area, told ABC News. “So when something terrible happens, you’re going to see this community fight back… They’re going to stand up and work together to hold people accountable.”
In 1994, during development preparations in northeast Wichita, the company noticed high levels of trichlorethylene (TCE), a liquid commonly used to degrease metals, in the soil. The source of the contamination was determined years later to be a chemical spill at a nearby Union Pacific rail yard sometime in the 1970s or 1980s, according to the Kansas Department of Health and Environment (KDHE). The exact date of the incident is still unknown.
Since the 70s or 80s, TCE has contaminated soil and groundwater throughout the area, now dubbed the 29th & Grove Site by experts monitoring the incident.
According to KDHE, TCE is a man-made chemical that has been found to be carcinogenic to humans through ingestion, contact, and inhalation. Exposure to TCE can cause liver and kidney cancer, non-Hodgkin’s lymphoma, and birth defects.
On April 23, a hearing was held to determine whether the lawsuit brought by individuals against Union Pacific Railroad will be upgraded to a class action lawsuit.
In this May 30, 2014 file photo, a Union Pacific train hauling oil tank cars passes through the town of Osawatomie, Kansas, on its way back to the Bakken oil fields in North Dakota.
Mark Reinstein/Corbis, via Getty Images, File
Over the next month, judges are expected to decide whether the lawsuit filed could be expanded to potentially represent both current and former residents of the plume site, not just the two originally named plaintiffs. According to KDHE, there are approximately 2,800 addresses in the area.
If approved, the plaintiffs in the lawsuit would seek proof that the health problems experienced by residents in the area are likely related to the chemical spill.
In a statement to ABC News, a representative for Union Pacific said, “Union Pacific has conducted extensive investigation and restoration on the property, which it acquired from the Missouri Pacific Railroad in 1982.”
“All work was conducted under the supervision of the Kansas Department of Health and Environment, and our actions have been focused on protecting our communities. We will vigorously defend ourselves in court,” the statement said.
The latest community hearing on the concerns reinvigorated the advocacy efforts of the past five years and highlighted questions about the original incident.
A study conducted by KDHE from 2000 to 2021 found that liver cancer rates in the 29th & Grove Site area were higher than the county and state averages. Notably, the incidence of liver cancer in the non-Hispanic black population in this region was more than twice the incidence in the rest of Kansas. Additionally, the study found that infant low birth weight rates were higher than in Kansas, but that rate decreased within the study timeline.
Peggy Jones Fox, president and CEO of the Wichita Black Nurses Association, told ABC News: “These are potential impacts of this exposure that may have occurred without the knowledge of individuals and families who lived in the area.”
The remediation and testing drive goes beyond the contaminated site at 29th and Grove. According to KDHE, there are more than 200 active contamination sites in Sedgwick County.
Although TCE contamination was discovered in 1994, communication with residents only began in the last decade, and the full study by KDHE was not published until 2023.
“This is a situation that creates a lot of frustration, and rightfully so,” Kansas Health Foundation President and CEO Ed O’Malley told ABC News.
According to KDHE, six water treatment wells are currently installed. Union Pacific said four more units are expected to be built by the end of 2026, according to an interview with ABC News’ Wichita affiliate KAKE. The groundwater treatment well will be operational within 10 years. It is unclear whether more treatment wells will be built in the future.
In recent years, local organizations have increased outreach to area residents who may have been exposed to TCE, including those who previously lived or spent time in Northeast Wichita.
“We wanted something that would work for generations,” former City Councilman Brandon Johnson, who spearheaded the funding effort during his tenure, told ABC News. “We wanted to enable these organizations to serve the community.”
The Clearway Testing Program is an initiative funded by local and federal agencies to provide access to testing to those who may have been affected by the 29th and Globe pollution spills. The initiative works with local churches and community health organizations such as the Wichita Black Nurses Association to organize events such as pop-up testing clinics and community outreach.
In northeast Wichita, Kansas, chemicals known to increase the risk of human cancer have been seeping into the ground for decades, contaminating groundwater without the public’s knowledge, local officials say.
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All residents of the region are encouraged to undergo free testing for TCE poisoning in their bloodstream through one of our local healthcare partners until at least the end of 2026. However, a negative test result does not mean a person has not been exposed to dangerous levels over the years.
“We can go not only to churches, but also recreation centers, and we can offer testing opportunities to potential patients,” Jones-Fox said. “We have a history of distrust in the health care system, and Black nurses in Wichita can provide that trust by providing factual information, support, education, and encouraging testing.”
O’Malley told ABC News that the collaboration between these local organizations created a grant pool to ensure future access to testing resources through federally qualified health centers in the area.
“The health concerns in Kansas and Wichita should be a concern for everyone,” Jones-Fox said. “We need to understand that if we don’t take care of each other, there will be a huge strain on our health care system.”
In northeast Wichita, Kansas, chemicals known to increase the risk of human cancer have been seeping into the ground for decades, contaminating groundwater without the public’s knowledge, local officials say.
you
With support across generations and socio-economic status, the proposed class action lawsuit recognizes the broad scope of this case.
“This problem is not going to be completely solved by this one testing program,” O’Malley said. “There is something to celebrate around this testing program, but frankly we need more justice and more accountability to help this community.”
Since the April 23 hearing, no decision has been made on whether to certify the case as a class action. U.S. District Judge Eric Mehlgren delayed sentencing for up to 30 days for the plaintiffs and defendants.
“I would love to see the community invested in the way it should be,” Johnson, a former City Council member, told ABC News. “That people are respected, that they have the dignity that they deserve as human beings, and that Northeast Wichita truly thrives.”
