Judge dismisses Delaware AG’s suit over PCB contamination

today07/12/2022 53

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DOVER, Del. (AP) — A Superior Court judge has dismissed a lawsuit filed by Delaware’s Democratic attorney general against Monsanto Co. over environmental damage from toxic chemicals known as PCBs.

In recent years, PCBs have been at the center of multimillion-dollar settlements reached between Monsanto and multiple states whose waterways had been contaminated. But the Delaware judge on Monday rejected public nuisance, trespass and unjust enrichment claims that were asserted by Attorney General Kathy Jennings. The judge noted that Delaware courts do not recognize product-based public nuisance claims.

The judge also said the state has no standing to bring trespass claims regarding PCB contamination of lands and waterways.


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