State of Oregon v. Monsanto Co et al. 

Keller Rohrback is pleased to announce that on December 15, 2022, Monsanto Company has 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. 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 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 recently opened 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.”  

The Attorney General’s Press Release is below:
 

Monsanto to pay state a $698 million lump sum for decades of PCB contamination

Oregon Attorney General Ellen Rosenblum today announced a historic $698 million dollar settlement with the Monsanto Company (Monsanto) for their role in polluting Oregon with PCBs (polychlorinated biphenyls) for the past 90 + years.  Monsanto was the only manufacturer, seller, and distributor of PCBs.  PCBs are toxic compounds formerly used in coolants, electrical equipment (such as fluorescent lighting fixtures), and devices, as well as hydraulic oils. They were also previously used in products, including paint, caulking, and copy paper.

“This is a huge win for our state,” said AG Rosenblum. “PCBs are still present throughout Oregon — especially in our landfills and riverbeds — and they are exceedingly difficult to remove, because they ‘bioaccumulate’ in fish and wildlife. Cleaning up our state from this horrific environmental degradation will be as costly and time-consuming as it sounds, but this settlement means we now will have resources to help tackle this problem.”

Monsanto is owned by Bayer AG, a massive German pharmaceutical and biotechnology company.

Today’s settlement stems from a lawsuit filed by Attorney General Rosenblum against Monsanto in 2018. The original lawsuit can be found here. The Complaint in the case alleged Monsanto was aware as early as 1937 of the highly toxic nature of PCBs. Even with that knowledge, Oregon asserted, Monsanto continued to produce and promote the compounds for decades — until they were finally banned in 1977. The lawsuit asked for damages for the extensive harm to Oregon from PCB contamination, as well as clean-up costs.

“Monsanto’s toxic legacy unfortunately lives on in our lands, rivers and other waterways – and poses ongoing risks to the health of our people and our environment,” Rosenblum added.  “This is all the more reason why this settlement is so vitally important. Oregon and Oregonians will be the better for it.”

The Oregon Department of Justice (DOJ), which AG Rosenblum leads, will be working with the Legislature, the Governor, and state agencies to put the funds to use for statewide remediation and clean-up.

“This settlement is a major step in beginning to reverse the harmful effects of PCBs on Oregon’s environment. I’d like to thank the DOJ staff and attorneys who worked diligently to get us to this point. While it will take some time, I am pleased we can now move forward toward a healthier Oregon,” said Oregon Governor Kate Brown.

AG Rosenblum thanks the lawyers and staff at DOJ and at Resolution Strategies, Stoll Berne, and Keller Rohrback, without whose tireless efforts the State could not have reached such an outstanding result. Lawyers from DOJ who worked on this case include Elleanor Chin and Deanna Chang from DOJ’s Trial Division, and Paul Garrahan, Gary Vrooman and John McCormick from its General Counsel Division.

A copy of the Consent Judgement can be found here.

Contact:

Ellen M. Klem, [email protected], Oregon Department of Justice, 503-378-6002
 

Keller Rohrback Attorneys Representing the State of Oregon:

Lynn Sarko
Dan Mensher
Yoona Park
Alison Gaffney
Michael Woerner
Derek Loeser
Gary Gotto
Kate McCallum
Eric Fierro