Monsanto, the Missouri-based agrochemical and biotechnological company, found itself facing more legal trouble Wednesday after Delaware Attorney General Kathy Jennings filed a suit alleging prolonged contamination in state waters.
The lawsuit, filed in Delaware Superior Court, alleges Monsanto and its subsidiaries Solutia Inc. and Pharmacia LLC knew as early as 1937 that polychlorinated biphenyls had systemic toxic effects on humans and animals.
The suit also claims Monsanto “not only understood, but actively promoted the fact that PCBs do not naturally break down; and continued to manufacture, market and sell PCBs despite full awareness of these dangers.”
The state also seeks to recover damages and cleanup costs associated with PCBs.
Actionable claims
“The vast majority of this PCB contamination throughout Delaware is a result of the actions of one company: Monsanto. Between 1935 and 1977, Monsanto was the only company in the United States to manufacture PCBs for widespread commercial use,” state court documents.
Documents also stipulate Monsanto widely distributed PCBs across the state in products such as electrical equipment, lighting ballasts, paint and caulking.
Among the more actionable claims is that as far back as the 1960s when the company was made aware of the dangers of PCBs, it still did not alert its customers or the public. Monsanto opted to form an internal team to “deflect” criticism of both PCBs and the company itself, according to court documents.
The team was told that Monsanto “can’t afford to lose one dollar of business” from its PCB sales, according to the court documents. The lawsuit claims millions of pounds of toxic PCBs continued to be released in the years that followed while Monsanto actively hid the dangerous effects of chemicals because “too much profit” would be lost.
Drinking water protection:Settlement in Mountaire drinking water case leads to $65M fund for affected families
Other environmental concerns:PFAS, balloon releases, energy: Environmental priorities for Maryland, Delaware, Virginia
“PCBs do not occur naturally, yet today they persist throughout Delaware’s waterways, upland areas, soils, sediments, aquatic life, mammals and birds,” court documents state.
The toxic effects of PCBs in humans and animals include, but are not limited to, serious impairment of the endocrine, neurologic and reproductive systems.
Findings also note Delaware has also paid significant cleanup costs associated with “the investigation and remediation of sites contaminated with PCBs, and it will continue to incur such costs long into the future.”
The presence of PCBs in waterways, sediments, land and the natural environment has had “significant adverse impacts” on the availability of Delaware’s natural resources for recreational, commercial, cultural and aesthetic uses, the state claims.
Environmental impact
Wildlife such as eagles, osprey and other birds, as well as various fish species throughout Delaware have already and could continue to be affected by PCBs.
They go on to argue even in very low PCB concentrations in water and sediment, they eventually “bioaccumulate in organisms” and become concentrated compared to the surrounding water and sediment.
“We do have concerns with PCBs being in fish because there are some fish species that have consumption advisories that are highly migratory,” said Chris Bason, executive director of the Delaware Center for the Inland Bays. “These fish spend part of their lives in the Delaware River, the bay and rivers up the coast that do have a great deal of industry around them. That’s (generally) where they pick their burden of toxins.”
Court documents state nearly 19% of the state is water and has only 1,981 square miles.
Build back better in Delaware:Landmark infrastructure bill sets stage for major Delaware projects
More:$15 million program to strengthen Chesapeake Bay preservation
Delaware has 2,363 miles of rivers, as well as 2,107 miles of intermittent streams, ditches and canals, comprising 45 distinct watersheds. It also has nearly 300,000 acres of tidal and nontidal wetlands, 841 square miles of estuarine waters, and 25 miles of Atlantic Ocean coastline.
Delaware is also comprised of forests, swamps and salt marshes that support more than 400 species of mammals, birds, reptiles and amphibians.
“The mistakes made through poor regulation choices or risk taking can have effects on multiple generations within Delaware communities,” Bason said. “So we have to be extremely careful with what chemicals we’re putting into the environment and how much of that is going into the environment.”
Source link
Source: GANNETT Syndication Service