Keller Rohrback’s PCB Litigation
Keller Rohrback L.L.P. represents multiple government entities in filed complaints against Monsanto Company seeking to hold the chemical giant responsible for the toxic contamination it created. Monsanto, the sole manufacturer of PCBs, hid the dangers of this widely used suite of chemicals. Our clients bear the burden of Monsanto’s decision to place profit above all else and have incurred significant cleanup costs associated with the investigation and remediation of sites contaminated with PCBs, and they will continue to incur such costs long into the future. For more details on the pending actions, please click the below listed actions.
Our team has decades of combined experience fighting for our clients. You can contact us at (206) 623-1900.
Case Successes
State of Oregon - Settled
State of Oregon, by and through Ellen F. Rosenblum, Attorney General for the State of Oregon, v. Monsanto Company, et al.,
Multnomah County Circuit Court, State of Oregon
Case No. 18CV00540
Keller Rohrback was appointed by the Oregon Attorney General, Ellen Rosenblum, as Special Assistant Attorneys General to file suit against Monsanto on behalf of the State to hold Monsanto responsible for the mess it created in Oregon. Monsanto, the sole manufacturer of PCBs in the United States, made and sold over 1.4 billion pounds of PCBs despite knowing they are toxic, bioaccumulate, and last effectively forever. Today, PCBs contaminate and harm critical habitat, fish, and wildlife throughout Oregon.
On December 15, 2022, Monsanto Company agreed to pay $698 million to the State of Oregon to resolve the State’s claims against the giant multinational chemical company for PCB contamination throughout Oregon. This resolution follows four years of litigation in Multnomah County Circuit Court before the Honorable Benjamin Souede.
Keller Rohrback had the honor of representing the State of Oregon as outside counsel to the Attorney General, Ellen Rosenblum. Daniel Mensher, a leader of the firm’s Environmental Litigation practice group, said: “Through this case, Attorney General Rosenblum and the Oregon Department of Justice have held Monsanto responsible for the environmental mess that its PCBs have left behind in Oregon, and sends a strong message to other corporations that Oregon will not tolerate corporations that put profits over the safety of Oregonians.” Yoona Park, who heads the firm’s Portland office, said “Attorney General Rosenblum’s resolute pursuit of this case against Monsanto’s legal machine affirms Oregon’s commitment to protecting its people and the natural resources that are such an integral part of our identity.”
City of Seattle - Settled
City of Seattle v. Monsanto Company, et al.,
United States District Court, Western District of Washington
Case No. 2:16-CV-00107-RSL
Keller Rohrback had the honor of representing the City of Seattle in its case aimed at holding Monsanto accountable for the contamination it caused in the the Duwamish River. Today, the Duwamish River—the City’s only river and a vital cultural and environmental resource for all Seattleites—is polluted with Monsanto’s PCBs, preventing people from safely consuming fish and shellfish there.
On July 25, 2024, Monsanto agreed to settle the City’s claims for $160 million, resolving the case two months before trial was set to commence before the Hon. Judge Jones. This unprecedented settlement amount is the most Monsanto has ever paid to a U.S. city. Keller Rohrback is proud to have helped the city achieve this important victory, which will provide the city with new resources to protect the health of people and the river.
Current Cases
State of Delaware
State of Delaware, ex rel. Kathleen Jennings, Attorney General of the State of Delaware, v. Monsanto Co., et al.,
Superior Court of the State of Delaware
Case No. N21C-09-179 MMJ CCLD
Case Status
Keller Rohrback filed the State of Delaware’s Complaint on September 22, 2021, in the Superior Court of the State of Delaware. Defendants filed their Motion to Dismiss on December 17, 2021, and upon conclusion of briefing and oral argument, the court granted Defendants’ Motion. The State appealed the Superior Court’s decision to the Delaware Supreme Court, which has now reversed the Superior Court and ruled in favor of the State of Delaware on the issues of public nuisance and trespass to lands directly owned by the State. In its opinion, the Delaware Supreme Court ruled that the “crux of the issue” was that the Monsanto defendants, as a manufacturer of PCBs, can be held liable after their PCBs were sold to third parties whose activities released the PCBs into the environment. By order dated July 10, 2023, the case has now been remanded back to the Delaware Superior Court for further proceedings.
State of Maryland
State of Maryland, by and through Anthony G. Brown, Attorney General for the State of Maryland, v. Monsanto Company, et al.,
Baltimore City Circuit Court, State of Maryland
Case No. 24C21005251
Case Status
Keller Rohrback filed a complaint on behalf of the State of Maryland in November 2021, in the Circuit Court for Baltimore City. The Complaint brings claims against Monsanto for public nuisance, trespass, and unjust enrichment, and seeks recovery for the damage caused to Maryland’s natural resources from Monsanto’s PCBs. The Court denied Defendants’ Motion to Dismiss in May 2022, as to all claims. The case is in active discovery, and trial is set for 2027.
Counties of Contra Costra, San Mateo and Marin, California
The County of Contra Costa v. Monsanto Co.,
Superior Court of the State of California, County of Contra Costa
Case No. C2202818
County of San Mateo v. Monsanto Co.
Superior Court of the State of California, County of San Mateo
Case No. 22-CIV-01667
The County of Marin v. Monsanto Co.
Superior Court of the State of California, County of Marin
Case No. CIV 2202843
Keller Rohrback L.L.P., along with co-counsel at Sher Edling, represents the California counties of Contra Costa, Marin, and San Mateo, and many of the cities within Bay Area counties in their cases against Monsanto. Because Monsanto chose to sell millions of pounds of toxic PCBs, these counties and cities now have the task of protecting the public by cleaning up Monsanto’s PCBs and preventing them from reaching the Bay. The California counties and cities assert that it is Monsanto who should bear the cost of cleaning up these toxic chemicals, which Monsanto manufactured and sold for decades despite knowing of the harm they would cause.
The cases have all survived Monsanto’s demurrers and are now proceeding into discovery.
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