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Marin County and Nine Local Jurisdictions File Suit Against Monsanto to Recover Costs Related to Cleanup of Toxic PCBs

Published

2 years ago

September 18, 2022

Oakland Post

Brian Washington (right) is the Marin County Counsel.

Courtesy of Marin County

The County of Marin, along with nine local jurisdictions, has filed a lawsuit against Monsanto and two other companies to hold them accountable for PCB (polychlorinated biphenyl) contamination in their communities and in San Francisco Bay, and for the enormous costs they will incur to remove those contaminants.

The suit was filed Sept. 8 in Marin County Superior Court with plaintiffs listed as the County of Marin, the cities of Belvedere, Mill Valley, Novato, San Rafael and Sausalito, and the towns of Corte Madera, Ross, San Anselmo and Tiburon. It also names Solutia, Inc., and Pharmacia LLC as defendants in the case.

Marin’s joint lawsuit adds to a growing list of similar lawsuits filed around the U.S. alleging that Monsanto has known about the public health and environmental threats caused by PCBs for more than 50 years. Similar suits have been filed nationwide, with plaintiff agencies alleging that Monsanto deliberately misled the public, environmental regulators, and its own customers so it could reap massive profits from PCB sales.

Brian Washington, Marin County Counsel, said Marin and the other participating jurisdictions opted out of a proposed national class-action settlement because it failed to sufficiently cover the anticipated costs to comply with regulations and prevent further damage.

“PCBs have left a long toxic legacy,” said Washington. “The companies responsible need to contribute to the solution so that the taxpayers do not have to carry the entire burden.”

PCBs, banned from production in the late 1970s, are known or suspected to cause a wide range of cancers including non-Hodgkin’s lymphoma, breast cancer, liver cancer, gallbladder cancer, gastrointestinal cancers, pancreatic cancer and skin cancer. They are implicated in non-cancer health problems such as cardiovascular, endocrine, gastrointestinal, hepatic (liver), immune, neonatal, neurological, ocular, and reproductive harm.

PCB contamination resulting from Defendants’ actions is already widespread across the Bay Area. The entire Bay is classified as “impaired” by PCBs under the federal Clean Water Act. This impairment endangers natural resources and human health. For example, the Bay’s PCB contamination has required state agencies to issue stringent consumption advisories for fish caught in the Bay.

Water and sediment containing PCBs end up in wastewater and stormwater systems, which eventually make their way to the Bay. PCB contamination has been so severe in the bay that the California Office of Environmental Health Hazard Assessment has advised some people not to eat certain types of fish caught in the bay. For example, children and women ages 18 to 49 are advised not to eat striped bass, sharks and white sturgeon caught in the bay. Everyone is also advised not to eat the skin and fatty tissue of any fish caught in the bay.

When regulations are in full effect, it is anticipated that communities will have to use significant taxpayer dollars to pay for testing and monitoring, develop infrastructure to capture PCBs in runoff, conduct more frequent street sweeping, and deploy other measures to comply with those regulations.

Monsanto produced nearly 99% of all PCBs used in the United States since the 1930s and continued until its manufacture was banned by the Toxic Substance Control Act of 1976. According to Monsanto’s own internal documents, company officials knew and were warned about the dangers to human health and the environment from PCBs, but Monsanto wrongfully promoted the product and failed to warn customers about its dangers. For example, in the 1950s, the U.S. Navy refused to buy one of Monsanto’s PCB products, Pydraul 150, for use in its submarines after the Navy conducted its own tests that showed that Pydraul 150 killed all 100 rabbits exposed to its vapors. Monsanto concealed that information from the public and its customers.

The County of Marin and other towns and cities involved in the suit are represented by their own staff with support from outside counsel Sher Edling LLP of San Francisco. The complaint includes claims of public nuisance, private nuisance and trespass.

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Oakland Post: Week of December 18 – 24, 2024

The printed Weekly Edition of the Oakland Post: Week of December 18 – 24, 2024

Published

1 day ago

December 20, 2024

Oakland Post

To enlarge your view of this issue, use the slider, magnifying glass icon or full page icon in the lower right corner of the browser window.

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‘Donald Trump Is Not a God:’ Rep. Bennie Thompson Blasts Trump’s Call to Jail Him

“Donald Trump is not a god,” U.S. Rep. Bennie Thompson, D-Miss., told The Grio during a recent interview, reacting to Trump’s unsupported claims that the congressman, along with other committee members like vice chair and former Republican Rep. Liz Cheney, destroyed evidence throughout the investigation.

Published

4 days ago

December 18, 2024

Oakland Post

Congressman Bennie Thompson, D-Miss. Courtesy photo.

By Post Staff

U.S. Rep. Bennie Thompson, D-Miss., said he not intimidated by President-elect Donald Trump, who, during an interview on “Meet the Press,” called for the congressman to be jailed for his role as chairman of the special congressional committee investigating Trump’s role in the Jan. 6, 2021, mob attack on the U.S. Capitol.

“Donald Trump is not a god,” Thompson told The Grio during a recent interview, reacting to Trump’s unsupported claims that the congressman, along with other committee members like vice chair and former Republican Rep. Liz Cheney, destroyed evidence throughout the investigation.

“He can’t prove it, nor has there been any other proof offered, which tells me that he really doesn’t know what he’s talking about,” said the 76-year-old lawmaker, who maintained that he and the bipartisan Jan. 6 Select Committee – which referred Trump for criminal prosecution – were exercising their constitutional and legislative duties.

“When someone disagrees with you, that doesn’t make it illegal; that doesn’t even make it wrong,” Thompson said, “The greatness of this country is that everyone can have their own opinion about any subject, and so for an incoming president who disagrees with the work of Congress to say ‘because I disagree, I want them jailed,’ is absolutely unbelievable.”

When asked by The Grio if he is concerned about his physical safety amid continued public ridicule from Trump, whose supporters have already proven to be violent, Thompson said, “I think every member of Congress here has to have some degree of concern, because you just never know.”

This story is based on a report from The Grio.

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City of Oakland Celebrates Reopening of Main Library

“Libraries are such critical facilities for all Oaklanders, whether it’s children coming to story-time, adults reading the newspapers or borrowing the latest novels, and people engaging with a range of services and programs that the library hosts,” said Council President and District 2 Councilmember Nikki Fortunato Bas. “Such library services and programs are only possible when the facility’s electricity, heating, roof, and lighting are fixed and running efficiently. I’m proud to join this re-opening of our Main Public Library.”

Published

4 days ago

December 18, 2024

Oakland Post

Left to Right- Jamie Turbak, Director of Library Services, LaTonda Simmons, Assistant City Administrator, Nikki Bas, President Oakland City Council, Shen Thao, Mayor of Oakland, Carroll Fife, Oakland City Councilmember District 3, Harold Duffey, Assistant City Administrator, Sean Maher, Projects Coordinator. Photo by Kevin Hicks.

The branch had been closed since May for critical infrastructure upgrades

Special to the Post

The City of Oakland leadership and community partners gathered to celebrate the reopening of the Main Library after completion of critical infrastructure upgrades to enhance the library’s facilities and provide a better experience for patrons.

Renovations include new roof installation, skylight repair, critical electrical system upgrades, new boiler control system installation, auditorium heating and cooling system installation, and improvements to lighting, flooring and ceilings throughout the building.

“This is truly something to celebrate, the reopening of our wonderful Main Library! I congratulate the staff and our partners for this important project to make the Main Library a more comfortable place for everyone for years to come, said Oakland Mayor Sheng Thao. “Thank you to Oakland voters and the California State Library for making these crucial improvements possible.”

“Public libraries are a wonderful resource for our residents, offering a safe space for learning and being,” said District 3 Councilmember Carroll Fife. “It is critical to improve and modernize our libraries so more members of our community can utilize and enjoy them. I’m excited that the necessary renovations to the Main Library have been completed successfully and thank everyone involved, particularly the City team, who helped secured the necessary grant funds for this work.”

“I am proud of the City staff and project partners who kept this important project on schedule and under budget,” said Assistant City Administrator G. Harold Duffey. “The library is an incredibly important resource for our community members, and this project is an investment into the library’s future.”

“December 2nd was a momentous occasion for Oakland Public Library as we proudly reopened the doors of the Main Library following extensive infrastructure repairs,” said Director of Library Services Jamie Turbak. “Closing the Main Library for six months was no easy decision, as it serves as the central hub for our library system and is truly the heart of Oakland. Yet, this renovation was essential, representing more than just physical upgrades—it reflects our ongoing commitment to creating a safe, welcoming space for everyone.”

The City Administrator Jestin Johnson also attended the press conference and signalled his support for the completion of the record-setting completion of the renovations. Gay Plair Cobb, a newly appointed Library Commissioner said the Library represents the soul and brains of our community.

The Oakland Public Library secured funding for these crititcal repairs through a variety of sources. The California State Library’s Building Forward Library Facilities Improvement Program awarded the Main Branch $4.2 million. To comply with the grant terms, the City of Oakland provided matching funds through Measures KK, as approved by the Oakland City Council in October 2023.

The Main Library will host an Open House to celebrate the reopening on February 22, 2025, 10 a.m. – 5:00 p.m.

About the Oakland Public Library

The Oakland Public Library is a part of the City of Oakland in California and has been in existence since 1878. Locations include 16 neighborhood branches, a Main Library, a Second Start Adult Literacy Program, the Oakland Tool Lending Library, and the African American Museum and Library at Oakland (AAMLO). The Oakland Public Library empowers all people to explore, connect, and grow. Oaklandlibrary.org