City of Seattle, a municipal corporation located in the County of King, State of Washington vs. Monsanto Company, et al

Case Background

On January 21, 2016, Plaintiff  City of Seattle filed a PCB contamination lawsuit in the United States District Court for the Western District of Washington(Case number: 2:16cv107). Judge Richard A. Jones presided over this case.

Cause

In January 2016, the City of Seattle initiated a lawsuit against Monsanto Company, Solutia Inc., and Pharmacia Corporation over the manufacture and widespread contamination caused by polychlorinated biphenyls (PCBs). The City alleged that Monsanto was the exclusive producer of PCBs in the United States from 1935 to 1979 under the “Aroclor” brand. Despite knowing about the toxic properties of PCBs and their environmental hazards, Monsanto continued manufacturing these chemicals until Congress banned them in 1979. PCBs were widely used in industrial and commercial applications, often leaking into the environment during their use. The City argued that PCB contamination severely affected Seattle’s streets, stormwater systems, and water bodies, including the Duwamish River and East Waterway, resulting in serious ecological and public health concerns.

Injuries

The City claimed that PCB contamination caused extensive harm to Seattle’s environment and public resources. PCBs were found in sediments, fish, shellfish, and drainage systems, leading to seafood consumption restrictions and stringent cleanup requirements. The contamination posed serious risks to aquatic life and public health, creating long-term challenges for environmental restoration and regulatory compliance. The Lower Duwamish Waterway Superfund site and East Waterway were particularly affected by PCB pollution, requiring ongoing investigation and remediation.

Damages

Seattle incurred substantial expenses addressing the environmental damage caused by PCB contamination. The City invested in identifying and mitigating PCB sources entering its stormwater and drainage systems, including constructing a stormwater treatment facility. Additional costs were incurred for investigating and remediating PCB contamination in the Lower Duwamish Waterway and East Waterway. Compliance with regulatory orders regarding PCB contamination further added to the City’s financial burden. The lawsuit sought to recover compensatory damages, abatement costs, and other related expenditures tied to PCB contamination and its environmental damage costs.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): City of Seattle, a municipal corporation located in the County of King, State of Washington
    • Counsel for Plaintiff: Ann Davison Sattler | Elizabeth K Bailey | Gary A. Gotto
  • Defendant(s): Monsanto Company |  Solutia, Inc. | Pharmacia Corporation
    • Counsel for Defendants: Adam Edward Miller | Andrea Hogan | Ann E Sternhell Blackwel | Paris Kimberley Kalla | Danny C. Kelly-Stallings | John Craig Bjorkman

Claims

The City of Seattle pursued multiple legal claims against Monsanto. These included public nuisance, defective design, failure to warn, negligence, and equitable indemnity. The complaint argued that Monsanto’s actions directly contributed to the environmental damage and financial costs incurred by the City. Seattle sought compensatory damages for cleanup and mitigation efforts. The City also sought a declaration of Monsanto’s liability. Additionally, Seattle sought coverage for litigation costs related to PCB contamination and environmental damage costs.

Defense

Monsanto defended against the City of Seattle’s claims by asserting that it had already resolved its liability for PCB contamination in Washington State. The company argued that its 2020 settlement with the state, which included a $95 million payment, covered all claims related to PCB contamination and environmental damage costs. This included claims raised by the City. Monsanto contended that the Washington Attorney General had the legal authority to settle such claims on behalf of all state entities, including municipalities. The company maintained that Seattle’s lawsuit sought to circumvent the comprehensive settlement agreement. Monsanto argued that the City improperly sought additional damages for the same injuries. The company emphasized that the 2020 settlement absolved it of further responsibility for PCB contamination in the state. It requested the Court dismiss the City’s claims through its motion for summary judgment.

Jury Verdict

On July 25, 2024, the City of Seattle and Monsanto reached a settlement agreement, with Monsanto agreeing to pay $160 million to resolve the legal dispute over PCB contamination and related environmental damage costs.

Court Documents:

Documents Available for Purchase upon Request

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