Virginia AG Jason Miyares reached an $80 million settlement with Monsanto Co. to resolve allegations that the company’s distribution of polychlorinated biphenyls (PCBs) caused environmental contamination in the state....more
Oregon AG Ellen Rosenblum settled with the Monsanto Company and affiliated entities for allegedly violating various state tort laws by releasing polychlorinated biphenyls (PCBs) into Oregon’s environment for decades, despite...more
Following notification of impact to a property through the claims notification process, restorers are regularly called upon to make necessary initial decisions regarding water extraction and drying and impacted material...more
Introduction - Polychlorinated biphenyls (PCBs) are contaminants of concern in many industrial waterways because of their prevalent historical use and persistent nature in sediment and soil. In urban waterways with...more
On February 22, 2022, New Hampshire AG John M. Formella announced the $25 million settlement of a suit against the Monsanto Company, Solutia Inc., and Pharmacia, LLC (collectively “Monsanto”). The suit, filed in the Superior...more
The Sixth Circuit Court of Appeals recently held that the General Electric Company (GE) was not liable for the costs associated with PCB contamination caused by a release of PCBs from transformers that were intentionally...more
Even though polychlorinated biphenyls (PCBs) have not been manufactured in the U.S. for over forty years, they continue to be present in building materials, including in caulk and joint materials, paint, siding, roofing, and...more
Compare and Contrast- Have you spoken to anybody about the infrastructure bill on which the Senate is about to vote? I know I haven’t, except to explain that Speaker Pelosi has stated the House will not consider the bill...more
On July 23, in MPM Silicones, LLC v. Union Carbide Corp., No. 17-3468(L), 17-3669(XAP), slip op., -- F.3d -- (2d Cir. 2020), the U.S. Court of Appeals for the Second Circuit reversed the District Court’s dismissal of...more
The Washington State Department of Ecology (Ecology) recently released “preliminary draft rules” that would grant variances to the Clean Water Act (CWA) Water Quality Standard (WQS) for PCBs at three public and two private...more
2020 AG Elections- Utah Attorney General Fends Off Challenger in Republican Primary- •Incumbent Utah AG Sean Reyes won the July 2, 2020 Republican primary for AG over challenger David Leavitt. •AG Reyes will face...more
In August 2019, a group of nearly 200 chief executives issued a statement, arguing that the role of corporations should be redefined from solely maximizing shareholder value to also “invest[ing] in their employees,...more
The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) addressed in an April 11th opinion a Section 107(a) (3) Comprehensive Response, Compensation, and Liability Act (“CERCLA”) arranger issue. See U.S....more
Some cases just make you wonder what people were thinking. I’m not even sure Donald Trump would have tried to get away with what Dico, Inc., tried to get away with. In 1994, EPA issued an administrative order, requiring...more
The United States Environmental Protection Agency (“EPA”) and the Trenton Light and Water Department (“TLW”) entered into a June 19th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of certain federal...more
Illustrating a court’s ability to limit forum shopping in a class action, a federal judge in New York denied a motion to remand in a suit brought against Northrop Grumman Corporation over alleged hazardous waste pollution....more
The University of Connecticut will pay $28,125 as part of a settlement with U.S. EPA resolving allegations that UConn improperly disposed of PCB-contaminated soils during a renovation project in 2013. Academic institutions...more
The Town of Westport cannot recover clean-up costs from manufacturers of PCBs used in caulk at the town’s middle school under a variety of common law and statutory theories, according to a ruling by the First Circuit in Town...more
On December 8, the U.S. Court of Appeals for the First Circuit, in the case of Town of Westport, et al., v. Monsanto Company, et al., affirmed the District Court’s ruling granting the defendants’ Motion for Summary Judgment...more
Clarifying the application of a doctrine called “federal officer jurisdiction,” a federal judge in Washington held that the federal government’s actions involving procurement of polychlorinated biphenyls (PCBs) from Monsanto...more
Pharmacia in April persuaded a Massachusetts federal court to dismiss the last few PCB-related product liability claims in a sprawling case brought by a local school. Pharmacia succeeded by proving that injuries related to...more
In a blow to the efforts of municipal plaintiffs to pursue environmental damages through product liability theories, a Washington federal court granted Monsanto’s motion to dismiss Seattle’s design defect and failure to warn...more
Last year, we told you about a lawsuit brought by three California cities against Monsanto Company, alleging that Monsanto is liable for PCB (polychlorinated biphenyl) contamination in San Francisco Bay. The cities—San Jose,...more
This post is the last in our three-part series about what manufacturers can expect in 2017. In my humble opinion, we saved the best for last – Environmental, Health & Safety. Citizen Science - With increasing...more
Environmental and Policy Focus - Federal report recommends gas-storage safety changes - OC Register - Oct 18 - A task force commissioned by the federal Pipeline and Hazardous Materials Safety...more