Vermont Court gives green light to State’s PCB lawsuit against Monsanto

The Vermont Superior Court has denied Monsanto Company’s motion to dismiss the State of Vermont’s suit against the Company for toxic contamination from polychlorinated biphenyls (“PCBs”) of Vermont’s schools and natural resources.  PCBs are highly persistent and toxic chemicals that continue to contaminate Vermont’s schools and natural resources even though they were banned by US EPA in 1979.  Some of Vermont’s schools built prior to 1980 have PCB contamination above state action levels resulting from use of PCBs in construction materials; PCBs also have polluted Lake Champlain and the Hoosic River.  Monsanto moved to dismiss the several of the State’s.  Wes Kelman argued for the State and, on May 29, 2024, the court denied Monsanto’s motion to dismiss.  The court held, among other rulings, that the State, both in its capacity as trustee of natural resources and as parens patriae (Latin for “parent of the people”) has proper authority to bring its claims for PCB contamination against Monsanto and its co-defendants.