'Accountability is needed': Kansas community seeks justice 50 years after dangerous chemical spill
Trichloroethylene found in soil is a cancer risk to humans, experts say.
In northeast Wichita, Kansas, a chemical that is known to increase the cancer risk to humans has seeped into the ground for decades, contaminating the groundwater widely unbeknownst to residents, according to local officials.
Some 50 years after an apparent Trichloroethylene chemical spill that experts say put generations at risk, a community push for more complete protection from the gas and a potential class-action lawsuit is gaining ground.
“Northeast Wichita is a community of resilience and grit,” Wichita City Councilmember Joseph Shepard, who represents the affected area, told ABC News. “So when something terrible happens, you are going to see this community fight back… They’re going to rise up and work together to hold people accountable.”
In 1994, high levels of Trichloroethylene (TCE), a liquid commonly used for metal degreasing, were noticed in the soil during preparations for development in northeast Wichita. According to the Kansas Department of Health and Environment (KDHE), the source of the contamination was identified several years later as a chemical spill at the Union Pacific Railroad railyard nearby sometime in the 1970s or 80s. The exact date of the incident is still unknown.
Since the 70s or 80s, TCE has contaminated soil and groundwater throughout the area, now referred to as the 29th & Grove Site by experts monitoring the incident.
According to the KDHE, TCE is a man-made chemical and has been discovered to be carcinogenic to humans through ingestion, touch and inhalation. Exposure to TCE can cause liver and kidney cancer, non-Hodgkin lymphoma, and birth defects
On April 23, a hearing was held to determine whether a lawsuit brought against Union Pacific Railroad by individuals would be elevated to class-action status.
Over the next month, the judge will decide whether the lawsuit filed could expand to not only represent the two originally named plaintiffs, but potentially both current and former residents across the plume site. There are about 2,800 addresses in the area, according to the KDHE.
If approved, the plaintiffs in the case would seek to prove that health ailments that residents in the area have been experiencing are likely linked to the chemical spill.
In a statement to ABC News, a representative for Union Pacific said, "Union Pacific has conducted extensive investigation and remediation at the site, which it acquired from Missouri Pacific Railroad in 1982."
"All the work has been done under the supervision of the Kansas Department of Health and Environment, and our actions have been focused on safeguarding the community. We will vigorously defend ourselves in court," the statement said.
The most recent community hearing surrounding concerns reinvigorated the advocacy work from the past five years and highlighted questions about the initial incident.
A study conducted by the KDHE from 2000 to 2021 found that the 29th & Grove Site area had a rate of liver cancer higher than both the county and state average. In particular, the rate of liver cancer among the site’s non-Hispanic Black population was more than twice the rate of the rest of Kansas. Additionally, the study found low birthweight rates among infants were higher than in the state of Kansas, though the rates decreased within the study’s timeline.
“These are potential impacts from this exposure that may have happened unbeknownst to the individuals and families that lived in that area,” Peggy Jones-Foxx, president and CEO of the Wichita Black Nurses Association, told ABC News.
The push for remediation and testing goes beyond the 29th and Grove contamination site. There are over 200 active contamination sites across Sedgwick County, according to the KDHE.
Despite the discovery of TCE contamination in 1994, communication with residents only began in the last decade, and the complete study by the KDHE was not published until 2023.
“This is a situation that has created a lot of frustration. Rightfully so,” Ed O’Malley, president and CEO of the Kansas Health Foundation, told ABC News.
Today, six water treatment wells have been installed, according to the KDHE. According to an interview with ABC News’ Wichita affiliate KAKE, Union Pacific has said that four more will be built in late 2026. Groundwater treatment wells complete operations within 10 years. It is unclear if more treatment wells will be built in the future.
In recent years, local organizations have increased outreach to community members who may have been exposed to TCE, including those who formerly lived or spent time in northeast Wichita.
“We wanted something that was going to work for generations,” former city councilman Brandon Johnson, who spearheaded funding efforts while in office, told ABC News. “We wanted to empower these organizations to serve our community.”
The Clearway Testing Program is an initiative funded by local and government organizations to provide testing access for those who may have been affected by the 29th & Grove contamination spill. The initiative organizes events, including pop-up testing clinics and community outreach through collaboration with local churches and community health organizations, including the Wichita Black Nurses Association.
All residents of the area are recommended to accept free testing at least through the end of 2026 for TCE poisoning in their bloodstream through one of the local health partners here. But a negative test does not mean the person was not exposed to dangerous levels over the years.
“We are able to go not only to churches, but to recreational centers and be able to provide this testing opportunity for potential patients,” said Jones-Foxx. “We have a history of having mistrust in the medical system, and the Wichita Black Nurses are able to provide that trust in terms of providing factual information and support and education and encouraging the testing."
O’Malley told ABC News the collaboration between these local organizations led to the creation of a grant fund pool, allowing testing resources to remain accessible through Federally Qualified Health Centers in the area far into the future.
“The health concern of Kansans and in Wichita should be everybody's concern,” said Jones-Foxx. “We have to understand that the burden that will come to the healthcare system if we are not taking care of one another.”
With support spanning generations and socio-economic status, the proposed class-action lawsuit recognizes the wide-ranging scope of this incident.
“This issue doesn't get completely solved just because of this one testing program,” said O’Malley. “While there are things to celebrate related to this testing program, frankly, more justice and more accountability is needed to help this community.”
Since the April 23 hearing, no decision on whether to certify the lawsuit as a class action has been reached. U.S. District Judge Eric Melgren delayed the decision for up to 30 days for plaintiff and defendant clarifications.
“I would love to see the community invested in the way that it should be,” former councilmember Johnson told ABC News. “That people are respected and have the dignity that they deserve as humans, and that northeast Wichita really thrives.”
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