West Coast 'Super Tort' PCB Suits Have Staying Power

Law360 (March 7, 2018, 11:08 AM EST) -- Increasingly, municipalities and states are pursuing public nuisance theories against product manufacturers and distributors. Actions filed by West Coast municipalities and states over the past three years against polychlorinated biphenyl manufacturer Monsanto Company have proven to have surprising staying power.

Polychlorinated biphenyls, or PCBs, are man-made chemicals formerly used in a wide variety of products, including transformers, flame retardants and caulking. Monsanto was the exclusive manufacturer of PCBs from 1935 until 1979, when the federal government banned production in response to a recognition of potentially serious health risks. PCBs are now a contaminant in many waterways.

With the state of Oregon...

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