Illinois Court rules City of Chicago’s PCB case against Monsanto can proceed

A state court in Illinois has rejected Monsanto’s attempt to put an early end to the City of Chicago’s suit for pollution by toxic PCBs chemicals (polychlorinated biphenyls).  The City filed a case against the three companies that are successors to the original Monsanto Company that made PCBs; it also sued an Illinois distributor of PCBs, Univar Solutions, Inc..  The case seeks damages for the costs of cleaning up PCB pollution in the City’s stormwater systems and the banks of the Chicago River. Although the Environmental Protection Agency (“EPA”) banned PCBs in the 1970s, these toxic chemicals continue to cause widespread environmental pollution to this day. Last year, Monsanto and Univar filed motions asking the court to dismiss all of the City’s claims.  Attorneys Wesley Kelman and MacKennan Graziano argued the motion dismiss before the Honorable Anthony C. Swanagan.  Judge Swanagan ruled against both Monsanto and Univar on all grounds and the case is now proceeding on all counts.  The ruling is an important step toward trial to hold defendants accountable for their part in creating this widespread threat to human health and the environment.