Monsanto Beats State Superfund Claim; Lawful Sale of PCBs Insufficient for Liability

摘要

Monsanto's lawful manufacture and sale of poly-chlorinated biphenyls used in the construction of Massachusetts public schools decades ago isn't a sufficient basis to hold it liable under that state's Super-fund law, a federal court ruled March 24 (Town of Westport v. Monsanto Co., 2015 BL 81389, D. Mass., No. 14-CV-12041, 3/24/15). A provision in the state Superfund law extending liability to parties that "otherwise cause" the release of hazardous material doesn't apply to Monsanto, the court said.