Delaware AG Sued Agrochemical Company Monsanto over PCB Contamination

SEPTEMBER 22, 2021

Delaware Attorney General Kathy Jennings filed a lawsuit against agrochemical giant Monsanto and two of its corporate spinoffs for damaging the state’s natural resources through its manufacturing of polychlorinated biphenyls (PCBs). The lawsuit sought to recover damages and clean-up costs associated with PCBs, which are extremely toxic and persistent chemicals which Monsanto manufactured for decades, despite knowing the dangers they posed to the environment and public health.

In July 2022, a Delaware court granted Monsanto’s motion to dismiss the lawsuit. AG Jennings appealed this ruling to the Delaware Supreme Court.

In June 2023, the Delaware Supreme Court ruled that certain claims in the case could move forward, affirming parts of the Superior Court’s ruling and reversing others. The case was remanded back to Superior Court, where Delaware can move forward with its public nuisance claims and part of its trespass claims.