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.
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Current Cases
State of Oregon
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
City of Seattle v. Monsanto Company, et al.,
United States District Court, Western District of Washington
Case No. 2:16-CV-00107-RSL
Case Status
The City of Seattle’s Complaint was filed on January 25, 2016 in the Western District of Washington. In February 2017, the Court denied Monsanto’s motion to dismiss, allowing the City’s claims to proceed. Since that ruling, Keller Rohrback, working closely with the City, reviewed hundreds of thousands of documents and took or defended over a dozen depositions of fact and corporate representative witnesses. Daubert motions and competing motions for summary judgment are currently pending before Judge Jones and Magistrate Judge Peterson. At a recent scheduling conference, Judge Jones vacated the trial schedule and ordered another scheduling conference to occur on November 3, 2023, at which time a new trial date is expected to be scheduled.
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 Brian E. Frosh, 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 and the State of Maryland’s Complaint was filed on November 23, 2021 in the Baltimore City Circuit Court, Maryland. Defendants filed their Motion to Dismiss on February 11, 2022. Once briefing concluded and the Court heard oral argument on the Motion, the Court denied Defendants’ Motion to Dismiss on May 2, 2022. The case will now move into discovery as the State prepares its case for trial.
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