PCB Lawsuits Against Monsanto Part of ‘Emerging Trend’


Riddell Williams attorney Loren Dunn is quoted in a recent BNA article, “PCB Lawsuits Against Monsanto Part of ‘Emerging Trend’“. As plaintiffs in six cities move to consolidate the cases of public nuisance against Monsanto in multidistrict litigation in the U.S. District Court for the Northern District of California, In re Monsanto PCB Water Contamination Litigation, many watch as the outcome could have an impact on settlements negotiated under the federal Superfund law. Public nuisance lawsuits are considered a novelty but gaining strength as multiple west coast cities have filed suits.

These suits represent an intersection between hazardous waste and product liability law that could have far-reaching effects on industrial product manufacturers. Historically, Monsanto did not arrange for disposal of PCB’s while selling commercial products. Monsanto maintains that these products were lawful at the time and government regulations provide procedures for the cleanup of such products. However, the stakes are high as the cost of the cleanup could be $1 billion in just one city alone and the outcome will influence similar litigation in the future.

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