Natural Resource Damages: A New Angle In PCB Litigation

Law360, New York (April 5, 2017, 10:16 AM EDT) -- Graham Zorn

Eric Klein In an effort to use product liability theories to impose liability on manufacturers of products found in the environment, the Attorney General of Washington state sued PCB manufacturer Monsanto in state court in December.[1] The suit is the first to apply product liability theories, similar to those honed in years of MTBE litigation, to allegations of statewide PCB contamination in waterways.

Washington’s lawsuit claims that PCBs are now found in water bodies throughout the state, an alleged injury to the state’s public natural resources for which the state may seek damages on behalf of itself and its...

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