Northern District of Ohio

G&E was appointed co-lead interim class counsel representing individuals harmed by the Feb. 3, 2023 toxic train derailment and explosion in East Palestine, Ohio that caused a mushroom cloud of carcinogenic vinyl chloride to spew into the air and leech into the ground and water over a 30-mile radius. Plaintiffs held freight operator Norfolk Southern and other defendants accountable for their alleged negligent actions, or inactions, that resulted in not only the foreseeable and preventable derailment of the tanker cars, but the harmful effects of the subsequent “controlled release” of upwards of one-million pounds of vinyl chloride, and other toxic chemicals, including phosgene, butyl acetate and benzene residue into the environment. A $600 agreement-in-principle was reached to provide compensation for thousands of households, businesses, property owners and workers.

District of Maryland 

G&E represented the City of Baltimore, and Baltimore County, in litigation against Monsanto Co. arising out of its production, marketing, distribution, and sale of carcinogenic industrial chemicals (polychlorinated biphenyls, or PCBs), resulting in environmental contamination as well as contamination of Baltimore’s and Baltimore County’s municipal separate storm sewer systems (MS4) and other public water systems, including substantial impairment of the Inner Harbor and Lake Roland. Baltimore and Baltimore County asserted common-law environmental claims seeking both monetary damages for injury to its public resources and an abatement plan to be funded by Monsanto.  Both Baltimore and Baltimore County elected to serve as class representatives in a proposed nationwide class action settlement on behalf of similar MS4 owners/operators.  Monsanto has agreed to pay $550 million to the class.  

Essex County Superior Court

G&E served as court-appointed Co-Lead counsel representing residents and businesses harmed by the catastrophic gas explosions in Merrimack Valley, Massachusetts, caused by the negligence of Columbia Gas and NiSource. In September 2018, a series of gas explosions and fires impacted as many as 80 homes and businesses, affected thousands of families, injured dozens of people, and killed one man. G&E asserted claims against Columbia Gas and NiSource, seeking compensation on behalf of residents that were injured in the explosion or have suffered property damage or other economic harm. The Firm achieved a settlement of $143 million in July 2019.

Northern District of Ohio

G&E represents the Attorney General for the State of Ohio in litigation against a variety of chemical companies that manufactured and distributed aqueous film-forming foam (AFFF) containing per- and polyfluoroalkyl substances (PFAS), including toxic PFAS chemicals known as PFOA and PFOS. PFAS compounds are the root cause of a nationwide drinking water quality crisis. The primary manufacturers of PFAS-laced AFFF products include the 3M Company, Tyco Fire Products, Chemguard, Inc., Buckeye Fire Equipment, Kidde-Fenwal, Inc., and National Foam, Inc. Ohio asserts that these and other manufacturers, including PFAS manufacturers such as DuPont and Chemours, developed early knowledge of the toxicity and environmental hazards associated with the routine use of their products, which—when used in firefighting exercises—inevitably contaminate groundwater, seeping into public drinking water supplies and private wells. Ohio’s lawsuit has been consolidated in multidistrict litigation centralized in the District of South Carolina. Ohio asserts common-law environmental claims seeking both monetary damages for injury to its natural resources and abatement of the drinking water crisis.

Commonwealth Court of Pennsylvania

G&E represented the Commonwealth of Pennsylvania in litigation against Monsanto Co. arising out of its production, marketing, distribution, and sale of carcinogenic industrial chemicals (polychlorinated biphenyls, or PCBs), resulting in statewide environmental contamination, including substantial impairment of major Pennsylvania waterbodies. Pennsylvania asserted common-law environmental claims seeking both monetary damages for injury to its natural resources and an abatement plan to be funded by Monsanto. A $100 million settlement was reached in September 2023.

Pre-Suit Settlement

G&E served as outside counsel to Virginia Attorney General Jason Miyares to pursue claims against Monsanto Co. and affiliates relating to statewide contamination of natural resources with toxic polychlorinated biphenyls (PCBs).  The parties resolved the dispute without litigation.  Under the settlement, Monsanto has agreed to pay $80 million to the Commonwealth of Virginia.  

Court of Common Pleas, Hamilton County, Ohio

G&E represented the State of Ohio, in partnership with the Ohio Attorney General’s Office, in a complex environmental action against Monsanto and affiliates relating to statewide contamination of natural resources with polychlorinated biphenyls (PCBs). Ohio alleged that Monsanto’s manufacture, marketing, sales, and use of its PCBs caused impairments of surface waterbodies, fish and wildlife, and other resources across the state, posing public health hazards. Ohio asserted under-utilized legal theories to support its case, including a standalone cause of action under the Ohio public trust doctrine. Monsanto’s defense rested principally on the Ohio Product Liability Act’s abrogation of common-law claims, including public nuisance and public trust claims. Ohio overcame Monsanto’s arguments, obtaining a ruling that its claims were not abrogated or otherwise barred. A core dispute concerning the scope of the Attorney General’s discovery obligations was extensively litigated at the trial court level, with the court adopting the AGO’s position. Monsanto appealed to the intermediate appellate court and the Ohio Supreme Court, but those courts declined to accept the appeals. The case was resolved during the discovery phase, in 2022. Ohio obtained $80,000,000 in the settlement.

Pre-Suit Settlement

G&E worked with the Delaware Attorney General’s office to secure a landmark settlement from chemical maker DuPont and related companies, relating to their alleged use and disposal of toxic PFAS chemicals in the state. A known carcinogen with other noxious health effects and unusually strong persistence, PFAS are widely used in industrial processes and in consumer products from food packaging and cosmetics to waterproof fabrics and non-stick cookware. The DuPont companies agreed to pay Delaware $75 million. “The most significant environmental settlement” in state history, according to Attorney General Kathy Jennings, the July 2021 agreement capped a sweeping forensic investigation that included environmental sampling and analysis, economic modeling, and examination of corporate records.

Superior Court of the District of Columbia Civil Division

G&E represented the Attorney General for the District of Columbia in litigation against Monsanto Co. arising out of its production, marketing, distribution, and sale of carcinogenic industrial chemicals (polychlorinated biphenyls, or PCBs), resulting in environmental contamination, including substantial impairment of major District of Columbia waterbodies. The District of Columbia asserted statutory and common-law environmental claims seeking cleanup costs and other damages for injury to natural resources. In 2020, a settlement for $52 million was reached.

California Superior Court, Los Angeles County

G&E represented the People of the State of California through the Los Angeles City attorney and the City of Los Angeles in litigation against Monsanto Co. (and successor entities) arising out of its production, marketing, distribution, and sale of carcinogenic industrial chemicals (polychlorinated biphenyls, or PCBs), resulting in environmental contamination as well as contamination of the L.A. Harbor, Dominguez Channel, Ballona Creek, Echo Park Lake, Machado Lake, Marina Del Rey and Santa Monica Bay via the City’s stormwater and wastewater systems. The lawsuit sought to force Monsanto to abate PCB pollution and to reimburse the City for costs it has already incurred to address PCB pollution. The case settled for $35 million.

Merrimack Superior Court

Filed in 2020 by the New Hampshire Office of the Attorney General, the lawsuit asserted claims relating to natural resource impairments in New Hampshire caused by polychlorinated biphenyls (PCBs) produced, marketed, distributed, and sold by Monsanto Co. The $25 million settlement resolves these claims as to Monsanto Co. and its affiliates, Solutia Inc. and Pharmacia LLC and related entities. G&E, along with co-counsel, served as outside counsel to the State.

First Judicial District Court, New Mexico

G&E represented the Attorney General for the State of New Mexico in litigation against Monsanto Co. arising out of its production, marketing, distribution, and sale of carcinogenic industrial chemicals (polychlorinated biphenyls, or PCBs), resulting in statewide environmental contamination, including substantial impairment of major New Mexico waterbodies. New Mexico asserted common-law environmental claims and a statutory claim for unfair trade practices seeking monetary damages for injury to its natural resources and other relief. In 2020, a settlement for $23.6 million, plus other non-monetary relief, was reached.

Sacramento County Superior Court

G&E represented residents and businesses harmed by the devastating November 2018 wildfire in Northern California, allegedly caused by the negligence of Pacific Gas and Electric Company (PG&E). The fire was the deadliest and most devastating wildfire in California history, where 85 people died and more than 19,000 structures, including residences and commercial properties, were damaged or destroyed. G&E sought compensation on behalf of all victims that were injured or died in the fire or suffered property damage or other emotional distress, and in December 2019, settled the case for $13.5 billion.

New Jersey Superior Court, Camden County

G&E represents the State of New Jersey Department of Environmental Protection, in partnership with the New Jersey Department of Law, in a lawsuit against the Sherwin-Williams Co. arising out of the company’s long-term abuse of ecosystems and natural resources in Gibbsboro/Voorhees, NJ at what was once the world’s largest paint factory. Since the 1850s, the facility had been used to manufacture paints, pigments, varnishes, and related products, and for the disposal of hazardous substances such as lead, arsenic, cadmium, benzene, and others. Consequently, surface waterbodies, groundwater, soils, fish and wildlife, and other natural resources in the region bear elevated levels of toxic heavy metals and other industrial compounds used and released by Sherwin-Williams, posing a risk to residents and the general public. G&E’s team prepared the lawsuit and argued the motion to dismiss over a two-day hearing. The case is in discovery, and a case management conference was held to determine the direction of trial.