Environmental Law

City of Spokane sues Monsanto over expected $300M clean-up costs concerning long-ago PCBs deposits

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Facing some $300 million in environmental cleanup costs concerning polychlorinated biphenyls (PCBs) and other pollutants that threaten to seep into the Spokane River, the city of Spokane, Washington, has filed suit against Monsanto.

A spokeswoman for the international agricultural chemical company declined to discuss the lawsuit in detail, saying that Monsanto is still reviewing the allegations. However, she also said the company is not responsible for the clean-up costs, reports the Spokesman-Review.

Similar suits concerning alleged environmental contamination that apparently occurred long ago were previously filed by the cities of San Diego and San Jose, California, as well as Westport, Massachusetts.

Most PCBs were federally banned in 1979, but PCBs used to be commonly used as a coolant and lubricant in electrical equipment, among other applications. Paints, sealants, varnishes, inks, hydraulic fluid, swimming pool liners and many other materials contained PCBs. Monsanto was the only company that produced PCBs between 1935 and 1979, the Associated Press reports, but a statement from the company says that Monsanto voluntarily ceased the sale and production of PCBs prior to the federal ban, which was signed on Jan. 1, 1979.

Other companies, however, could potentially be liable, even if Monsanto isn’t, a spokeswoman suggests.

“PCBs sold at the time were a lawful and useful product that was then incorporated by third parties into other useful products,” Monsanto told the Spokesman-Review in a written statement. “If improper disposal or other improper uses created the necessity for clean-up costs, then these other third parties would bear responsibility for these costs.”

The Spokesman-Review reports that PCBs are classified by the EPA as “probable carcinogens” and writes, “Evidence suggests that PCBs impair the immune system, reproductive system, nervous system and endocrine system.”

A press release provides additional information.

See also:

ABAJournal.com: “DOJ Sues 18 Lawyers, Says $300M PCBs Pact in 2003 Didn’t Include Medicare Reimbursement”

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