Cities Seek Multidistrict Litigation For Novel PCB Suits Against Monsanto

摘要

Several West Coast cities are asking a federal court to consolidate their novel tort claims against chemical company Monsanto for damages due to water and sediment contamination from polychlorinated biphenyls (PCBs), after Seattle became the sixth city to file suit alleging the company knew PCBs were toxic and could not be contained in their original application. One environmental attorney, commenting on Seattle's recent filing, says the litigation, which mirrors the five other cities' suits, could set precedent on the liability that chemical manufacturers may face under tort claims, noting that the litigation attempts to make an end-run around requirements under the Superfund law needed to prove liability. The attorney, who is not involved in the suits, was speaking of Seattle's filing Jan. 25 of a suit making public nuisance and other tort claims against Monsanto, the sole manufacturer of PCBs for commercial use from the 1930s to the 1970s.