Marin County and 9 Marin cities and cities are suing Monsanto and two different corporations for alleged damages attributable to their sale of merchandise containing PCBs.
“PCBs have left an extended poisonous legacy,” Marin County Counsel Brian Washington mentioned of polychlorinated biphenyls, a gaggle of artifical chemical substances as soon as utilized in a variety of business, family and industrial functions.
“The businesses accountable have to contribute to the answer in order that the taxpayers should not have to hold your entire burden,” Washington mentioned.
The go well with was filed in Marin County Superior Courtroom on Sept. 8. Becoming a member of Marin County as complainants within the go well with have been the cities of Belvedere, Mill Valley, Novato, San Rafael and Sausalito and the cities of Corte Madera, Ross, San Anselmo, and Tiburon.
The go well with seeks each compensatory and punitive damages of an unspecified quantity. It additionally asks the courtroom to require Monsanto to determine a fund to cowl all affordable future prices for stopping PCBs from being discharged into the bay.
In accordance with the Environmental Safety Company, PCBs have been proven to trigger most cancers in animals “in addition to quite a lot of severe non-cancer well being results in animals, together with: results on the immune system, reproductive system, nervous system, endocrine system and different well being results. Research in people assist proof for potential carcinogenic and non-carcinogenic results of PCBs.”
The Worldwide Company for Analysis on Most cancers has decided that PCBs are particular carcinogens in people.
Manufacturing of PCBs was prohibited in america by the Poisonous Substances Management Act of 1979.
Previous to that, nonetheless, the go well with asserts, “Monsanto promoted, marketed, distributed, and offered PCBs and/or merchandise containing PCBs in and/or close to the county and the municipalities.”
The go well with additionally alleges that whereas doing so Monsanto knew that PCBs have been harmful to human well being, animal well being and the setting.
The go well with states, “At the same time as Monsanto internally acknowledged the pervasive dangers posed by its large-scale manufacture, distribution and sale of PCBs, Monsanto minimized or denied these dangers in its public statements.”
The go well with asserts that Monsanto supplied false and/or deceptive info to federal, state and native authorities authorities that have been investigating PCB dangers.
Additionally named as defendants within the case are Solutia Inc. and Pharmacia, two corporations that have been spun off from the unique Monsanto. Monsanto retained its agricultural enterprise whereas Solutia took on the chemical enterprise and Pharmacia assumed the pharmaceutical enterprise. Bayer AG acquired Monsanto for $63 billion in 2018.
Pfizer bought Pharmacia for $60 million in 2002. A spokesperson for Pfizer wrote in an e mail that Monsanto “agreed to indemnify Pharmacia for, any liabilities associated to Pharmacia’s former agricultural enterprise.”
Eastman Chemical Co., which acquired Solutia in a $4.7 billion transaction, didn't reply to a request for remark.
Relating to the go well with, Bayer spokeswoman Susan Luke mentioned, “Monsanto believes the case is meritless as the corporate voluntarily ceased its lawful manufacturing of PCBs greater than 40 years in the past, and by no means manufactured, used or disposed PCBs within the state.”
“Furthermore,” Luke wrote, “PCBs have been beforehand required by governments within the state to mitigate sure hearth and explosion dangers. The category settlement reached by Monsanto with over 2,500 native governments has been preliminarily permitted and it isn't unusual to obtain a small variety of opt-outs to those agreements — like these communities — particularly when there's a giant class.”
There are about 2,500 native governments within the class settlement together with Baltimore, Lengthy Seashore, Berkeley, Chula Vista, Oakland, Portland, San Diego, San Jose, and Spokane. Monsanto has agreed to pay $650 million, together with lawyer charges and bills, to settle the go well with.
Washington mentioned that Marin County and the opposite taking part jurisdictions opted out of the proposed nationwide class-action settlement as a result of it didn't sufficiently cowl the anticipated prices to adjust to laws and forestall additional harm.
In accordance with the go well with, below the Nationwide Air pollution Discharge Elimination System licensed by the Clear Water Act, the California State Water Sources Management Board will quickly require the county and the municipalities to sharply restrict PCB discharges.
Th fits says it will require the set up and ongoing upkeep of “inexperienced infrastructure” to seize PCBs in runoff, extra frequent avenue sweeping, and different measures.
The go well with states that the San Francisco Bay Regional Water High quality Management Board has recognized Richardson Bay as a “scorching spot” for PCB contamination. PCB ranges within the bay are so excessive that the California Workplace of Environmental Well being Hazard Evaluation has suggested some individuals to not eat sure forms of fish caught in it.
The authorized workers of Marin County and the municipalities are being supported by Sher Edling, a San Francisco-based legislation agency that makes a speciality of representing companies, cities and public companies in high-value environmental instances. Sher Edling can be advising San Mateo and 9 of its cities and cities, which filed the same go well with in opposition to Monsanto in April.
“Monsanto is pursuing elimination to federal courtroom within the San Mateo matter, they usually have but to reply in courtroom in Marin,” mentioned John Lamson, a spokesman for Sher Edling.
Lamson added, “Monsanto has a well-documented historical past of misconduct regarding PCBs, they usually have been held accountable for that misconduct in lawsuits throughout the nation. In related instances, plaintiffs have been profitable in entrance of juries and on motions for abstract judgment, been awarded punitive damages, and secured settlements from Monsanto regarding that misconduct.”
In March, Bayer reached an $80 million settlement with Ohio over claims that Monsanto’s manufacturing of PCBs had polluted the setting in that state.
Since buying Monsanto, Bayer has additionally needed to cope with lawsuits from plaintiffs who assert that Monsanto’s Roundup weed killer brought on them to develop most cancers. In 2020, Bayer agreed to pay greater than $10 billion to settle tens of hundreds of lawsuits filed over the weed killer, which comprises glyphosate as its lively ingredient.
Sher Edling can be representing Marin and San Mateo in its ongoing go well with in opposition to 37 oil, fuel and coal corporations, asserting the businesses knew their fossil gas merchandise would trigger sea degree rise and coastal flooding however failed to scale back greenhouse fuel air pollution.