There are 10 people in his neighborhood who have been diagnosed with the disease, and four of them have died. While most of his neighbors have been diagnosed with leukemia, one neighbor was also diagnosed with esophageal carcinoma — the same type as his wife. Deidra Baucum was first diagnosed in January 2016. She underwent chemotherapy, radiation and then lost a lot of her esophagus during the treatment. Although she is now in remission, she has not stopped working. She must still sit up to take her medicine, as well as taking it at least eight times per day. “At UAB, the doctor was diagnosing the cancer and informed me that there was another cause. Marlan stated that he couldn’t find a single checkbox for normal causes of this kind of tumor. “And when he did his second procedure, he said to me that he was going to give my card. Your wife needs to have a lawyer.” The doctor did not know that two years prior, the Baucums had filed suit against several oil companies for property contamination resulting from a disposal well located less than a quarter mile from their home. The lawsuit has been inactive for many years because the parties have been fighting over who is the proper jurisdiction: the courts or the Mississippi Oil and Gas Board. The Baucums claim that the government agency charged with protecting Mississippians failed to protect them. This is the crux of their legal battle. The well’s owners, the oil companies, have heavily relied on the Mississippi Oil and Gas Board. They are considered too friendly by the Baucums. Marlan stated, “I sometimes feel helpless (watching Deidra become sick), and sitting there thinking: ‘What the heck else can I do?’ My satisfaction is doing this.” “Making sure people know what happened to Deidra, what happened to our property and what the test results showed.” Drilling for oil requires strict regulation. Oil is drilled up to 20,000ft underground. Other harmful fluids are then brought to the surface. They must be removed. Usually, this involves collecting the liquids and injecting them into ground at a nearby disposal well. Multiple layers of concrete and casing are used to construct disposal wells. These wells can be drilled hundreds of feet below the ground. This protects the oil companies from putting fluids under too much pressure. The U.S. Environmental Protection Agency has been regulating this process since the 1974 Safe Drinking Water Act. However, most states have a local governmental agency which manages the wells for the EPA. This responsibility had been held by the Mississippi Oil and Gas Board since the 1990s. Baucum claims that the board has not properly held oil companies responsible. In a memo he sent to the EPA and Mississippi Department of Health as well as the Mississippi Department of Environmental Quality, Baucum detailed his concerns. Two main claims have been made by the Baucums: Claim #1: Oil companies may apply for exemptions to inject in aquifers if regulatory authorities determine that they are not a practical source for drinking water. However, the Oil and Gas Board never required any company to request one for any of the 400 Mississippi active injection wells. Jess New (executive director of the Oil and Gas Board) replied that Mississippi does not require such an exemption. Although the EPA told Mississippi Today that aquifer exemptions are not often necessary, the Baucums question whether all injection zones were adequately tested before being declared unusable. The records for the well located next to Baucum’s property show that the Oil and Gas Board accepted testimony by one engineer from an oil company as proof that the aquifer was not suitable for drinking water and did no additional testing. Lawyers for the Baucums discovered records, which were examined by Mississippi Today, that showed the aquifer is a source of drinking water for Mississippians living in Waynesboro and parts Clarke County. Claim #2. The Oil and Gas Board permitted oil companies to inject toxic oil byproducts at higher pressure than they had agreed to in the original permit for the construction of the well near Baucum’s house. The Baucums and their lawyers are still testing the effects on the environment, which could lead to widespread water contamination near the surface. According to records from Oil and Gas Board, 86% of monthly injection pressures reported at the well were either higher than the maximum limit or zero during the 20-year period that the well was being used for oil byproduct disposal. However, the company was still injecting thousands upon thousands of barrels into the well. This is likely an indicator of poor reporting, according to the Baucums. New answered this question by saying that the board was aware of monitored injection pressures. The Oil and Gas Board was established in 1948 and consists of five members. It is charged with permitting any oil and gas activity within the state and protecting citizens from unapproved usage. The governor, lieutenant governor and attorney general appoint board members. Marlan has expressed concerns over the qualifications of board members and the process for their appointment. Jim Herring, a Canton lawyer on the board, was previously the chairman of Mississippi Republican Party. Lew Yoder (a Laurel lawyer on the board) served as a local GOP Chairman in both Jones County, and Oxford. New manages the 32 employees of the Oil and Gas Board. New was previously an attorney at Brunini, a Mississippi law firm, which represents Petro Harvester (current owner of the well). New is also Nancy New’s son and was the attorney of record for multiple of her businesses. “I believe too many people are blind to the fact that I think they do. Marlan stated that Mississippi’s good ol’ boy system has been around for too long. Marlan noticed something was wrong when he visited a portion of their property to the north of the well site in 2013. Marlan saw oil-soaked ground, rusted tanks and drilling fluids in unlined pits. He complained to the Mississippi Department of Environmental Quality and the Oil and Gas Board, but they didn’t take his concerns seriously. He filed suit in April 2014 after his neighbors reported to him that they had seen workers burying oilfield waste nearby. Marlan found no evidence of contamination at the well site in question. A few months after Marlan filed the lawsuit, tanks were repainted, pits were filed, and barrels were removed. Marlan calls this a “cosmetic cleanup” because he doesn’t believe it fully remediated the property or removed the effects of contamination. Marlan notices that some trees on the property are falling to his feet when he touches them. According to Marlan, a toxicologist advised him that they should not be used as lumber and that they must be destroyed because many of the chemicals they have identified will remain in the wood. He says several trees are turning black around their roots. This is because they were exposed to brackish waters. I will never forget telling Dr. Jones, “Dr. Jones, we don’t have brackish waters in Jones County,” he replied. Mercury and radium-228 were nearly 13 times higher than the EPA’s recommended maximum levels for drinking water. John Ryan, the geologist responsible for drilling this monitoring well, described in his affidavit the known health effects of the chemicals found in the water. These included cancers such as leukemia, lymphoma and bone cancer. They also caused permanent damage to the brains and kidneys. Ryan testified that she believes the chemicals of concern came from the well site. Mississippi Today contacted Sue Brantley from Penn State University to examine the results. Brantley believes that these chemicals may have been sourced from the well site itself. She is a professor in geosciences at Penn State University and was asked by Brantley whether she believed the chemicals were contaminated from the surface. Deidra’s health problems began to show up in late 2015. Deidra struggled swallowing, leading to the discovery that the tumor was present in January 2016. Deidra was treated with chemotherapy and radiation for the tumor over the next five-months. “I was diagnosed on January 7, and had surgery on June 7. Deidra stated that the process was so swift that he can now see more clearly what happened. “You know, you need to go over here and do that, you’re going to this appointment, going through that test.'” Deidra said. Marlan and his lawyers worked hard to gather evidence linking Deidra’s cancer to environmental contamination. Deidra stated that he has put in so much work. He has been a great advocate for me and it will help others. He is a strong supporter for me through all that I have been through. He is my cheerleader.” They claim that Deidra’s illness was caused by contamination at the surface. The soil can often absorb runoff water and other particles from the wind, releasing vapor that can easily be inhaled. Marlan stated that she used to garden years ago before she became sick. “We were always there. If you go out now, there won’t be any flower beds. You won’t be able to see anything. They won’t see anything except cutting the grass. The grass has grown back and the flower beds are gone. Marlan and Deidra, both from Laurel have been together since the age of 19. Marlan and Deidra now live in the same house where Marlan was born, as well as where Bryant was raised. They are active in the local community through their church. Faith has been a key part of their lives during Deidra’s treatment and diagnosis for cancer. Deidra stated, “I took it that there was greater purpose (for me illness),” and that one day they will find that purpose. Deidra was declared cured by doctors two months later. In August 2016, the Baucums amended their lawsuit to add a personal injury claim. Petro Harvester, the current owner of well, stopped injecting at the location two months later. The Baucums sued the other owners and sought an administrative remedy to allow the Oil and Gas Board to decide the case before a judge and jury. After many years of debate about whether the case should go before the courts or administratively, the Mississippi Supreme Court unanimously ruled that both claims should proceed to circuit court in August 2021. The Baucums had not consented to the presence and that the Oil and Gas Board was not authorized to award monetary damages. Marlan was concerned that oil companies would rely on friendly board rulings, and this concern became a reality when the Oil and Gas Board held an inquiry into the integrity of the well. The Oil and Gas Board received a petition from the attorneys representing the oil companies to increase the injection pressure of the in question well. The Baucums attorneys tried unsuccessfully to get the petition dismissed. They argued to the Supreme Court that oil companies were trying to “enlist” the assistance of the Mississippi State Oil and Gas Board in order to bypass the court’s previous ruling. The Supreme Court did not respond. The petition to amend the permit was granted by the Oil and Gas Board after three hours of testimony from engineers and geologists on both sides. David Baria, one the Baucums’ lead attorneys, stated that “despite an admission by the operator that it routinely violat[ed] the permit… and despite [the fact] that the well had not been used in five years, (Oil and Gas Board] granted the petition.” “It) did not impose any fines, admonish nor make any changes to the operator’s permit…. Mississippians should be worried if this is the way a watchdog charged protecting our water supply works,” David Baria, one of the lead attorneys for the Baucums, stated. Kaufman wrote: “Unlike the Baucums’ lawyers, Petro Harvester will present this case in court and in front of the regulatory authorities.” We will prove that the lawsuit claims are not meritorious. “The disposal well operations at issue are tightly regulated and monitored. Despite Baucums’ claims over time to the contrary, they have not been found to have harmed human or environmental health. This has been a lengthy battle for the Baucums that has lasted almost eight years and cost them over $200,000 in legal fees. Although they are determined to get justice, a date has yet to be set. Deidra stated that the government had “drugged their feet”, and that even if they have acted quickly, they have not done so as efficiently as they should. Marlan believes his family is entitled to compensation, but his goals in this case are far broader. He would like to see the oil and gas board fully fulfill its role as independent regulator. “I believe the system must change. Marlan stated that more checks should be done on these companies. “There should be an investigation into everything, it needs to been thoroughly examined from all angles so these types of things don’t happen again.” Deidra and Marlan hope that this case will empower others and provide them with a roadmap to follow. He said that people have come to him and thanked him for taking this up. “Oil companies believe that if you delay, delay and delay, you will get tired and frustrated. But, that is not the case. They miscalculated, as ‘quit’ is not a word in my vocabulary.