Grant & Eisenhofer achieved an $80 million settlement for Ohio in statewide PCB contamination litigation
Plaintiff(s):
State of Ohio ex rel. Dave Yost, Attorney General
Case type / claims:
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.
Defendant(s):
Monsanto Co., Solutia Inc., Pharmacia LLC
Jurisdiction:
Court of Common Pleas, Hamilton County, Ohio
Year:
2022
Outcome:
- Settled for $80 million to resolve statewide PCB contamination claims.
- Settlement funds to be used for remediation and environmental restoration in Ohio.
