Keller Rohrback is pleased to announce that on July 25, 2024, Monsanto Company has agreed to pay $160 million to the City of Seattle to resolve the city’s claims against the giant multinational chemical company for PCB contamination in the Duwamish River. 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. This resolution follows years of litigation in the Western District of Washington before the Honorable Richard A. Jones and will allow the City to expand its efforts to protect human health and the environment.

Keller Rohrback had the honor of representing the City of Seattle as outside counsel to the City Attorney, Ann Davison. Daniel Mensher, a leader of the firm’s environmental litigation practice group, said: “Through this case, the City Attorney has held Monsanto responsible for the environmental mess that its PCBs have left behind in the Duwamish River. It sends a strong message to other corporations that Seattle will not tolerate corporations that put profits over the safety of people.”Jen Wagner, also of Keller Rohrback, added: “We are pleased to have represented the City of Seattle in obtaining a recovery that will assist the city  in its efforts to remove Monsanto’s toxic PCBs from the Duwamish River, which will allow the public to more safely use and enjoy this important resource.”

The City of Seattle's press release can be read below:

City of Seattle to Receive $160 Million for PCB Contamination Affecting the Lower Duwamish

Seattle (July 25, 2024) – Today, Seattle City Attorney Ann Davison announced that Seattle will receive the largest single-city settlement from chemical giant Monsanto* for years of polluting the Lower Duwamish River.

Monsanto will pay the City a $160 million settlement for the release of the City’s claims against the manufacturer’s role in polluting City stormwater and the Lower Duwamish with highly toxic PCBs.

“Our Office has been able to deliver a great result for the City of Seattle and defend our beloved Duwamish waterway,” said City Attorney Davison. “We all play a role in protecting our environment and I am glad that Monsanto will contribute to this important environmental cleanup.  Bringing $160 million to the City of Seattle is a critical highlight for me in serving as City Attorney. I am grateful to my civil team for their years of work on this issue, including Assistant City Attorney Laura Wishik and the attorneys and staff at Keller Rohrback. I’m also very grateful to Seattle Public Utilities.”

For decades, Monsanto was aware of the toxic danger PCBs (polychlorinated biphenyls) posed to humans, yet the company continued to promote their use in a wide range of products. Although Monsanto ceased manufacturing PCBs in 1977, the chemicals continued to exist in exterior paint and caulking remaining on buildings. As a result, stormwater flowing into the Lower Duwamish River has been continually contaminated with PCBs.

The lawsuit, which began in 2016, was scheduled for a September trial. In June, City Attorney Davison participated in a mediation that concluded with an unprecedented settlement amount – the most ever paid to a U.S. city.

 “The settlement money will help care for the Lower Duwamish and mitigate the cost of pollution control to find and remove PCBs,” said City Attorney Davison. “These funds will allow Seattle Public Utilities to take further steps to protect the Duwamish, which could include expanding SPU’s source control program to identify and address increasingly elusive sources of pollution, including buildings with PCBs in paint or caulk, to prevent further contamination of stormwater, in addition to current plans to remediate the waterway by dredging and removing contaminated sediments and capping areas with clean material.”

Seattle Public Utilities has been working to reduce sources of pollution to the Duwamish, including PCBs, since 2003. For more information about SPU’s Pollution Control work, visit SPU’s blog post. SPU media contact: Brad Wong, Acting PIO – [email protected]; 206-446-8267.

* The City sued Monsanto Company, and its related entities Solutia Inc. and Pharmacia LLC (collectively “Monsanto”).