Clark v. United States, 660 F. Supp. 1164 (1987), summarizes mid-1900’s knowledge of TCE’s danger, unfitness for consumption, and the need to prevent it from poisoning water supplies:
Prior to 1950, [TCE] was known as dangerous and poisonous in occupational settings involving sustained exposure to high concentrations of TCE, but specific adverse health effects resulting from chronic exposure were not generally understood. Prior to 1950 it was generally known that TCE was not fit to consume and that it should not be in a water supply. The defendant [Air Force] was or should have been aware that substances such as TCE should not be in a water supply.
[...]
Prior to 1950, it was common knowledge that groundwater could be polluted and that the pollution could travel great distances from the site of the original contamination. Further, it was generally known prior to that time that percolation, a process by which substances disposed of would leach into the underlying groundwater, could occur and that groundwater needed to be protected from deleterious leachates.
The appropriate standard of care in waste disposal in the 1950s was to treat TCE as a hazardous substance in disposing of the contaminant so as not to pollute groundwater.
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