AG: Monsanto to pay $698M for polluting Oregon's people and environment for 90 years

Monsanto was the only manufacturer, seller, and distributor of pollutant polychlorinated biphenyls (PCBs), which are toxic compounds formerly used in coolants, electrical equipment (such as fluorescent lighting fixtures), and devices, as well as hydraulic oils.

They were also previously used in products, including paint, caulking, and copy paper.

PCBs cause cancer and other dangerous health effects in humans and animals, such as seriously impairing the endocrine, neurologic, and reproductive systems. PCBs can also kill plants, degrade soil, and toxify rivers.

“This is a huge win for our state,” said Rosenblum.

PCBs are still present throughout Oregon — especially in our landfills and riverbeds — and they are exceedingly difficult to remove, because they ‘bioaccumulate’ in fish and wildlife. Cleaning up our state from this horrific environmental degradation will be as costly and time-consuming as it sounds, but this settlement means we now will have resources to help tackle this problem.

Monsanto is owned by Bayer AG, a massive German pharmaceutical and biotechnology company.

In a statement, posted in full below, Bayer maintains that the settlement agreement is not an "admission of liability or wrongdoing by the company."

The settlement, which was announced on December 15, stems from a lawsuit filed by Attorney General Rosenblum against Monsanto in 2018.

The legal complaint in the case alleged Monsanto was aware as early as 1937 of the highly toxic nature of PCBs. Even with that knowledge, Oregon asserted, Monsanto continued to produce and promote the compounds for decades — until they were finally banned in 1977. The lawsuit asked for damages for the extensive harm to Oregon from PCB contamination, as well as clean-up costs.

“Monsanto’s toxic legacy unfortunately lives on in our lands, rivers and other waterways – and poses ongoing risks to the health of our people and our environment,” Rosenblum added.

This is all the more reason why this settlement is so vitally important. Oregon and Oregonians will be the better for it.

The Oregon Department of Justice (DOJ), which AG Rosenblum leads, will be working with the Legislature, the Governor, and state agencies to put the funds to use for statewide remediation and clean-up.

“This settlement is a major step in beginning to reverse the harmful effects of PCBs on Oregon’s environment. I’d like to thank the DOJ staff and attorneys who worked diligently to get us to this point. While it will take some time, I am pleased we can now move forward toward a healthier Oregon,” said Oregon Governor Kate Brown.

You can read Bayer’s statement on the final settlement agreement below:

“Bayer has reached a final agreement with the Attorney General for the State of Oregon to resolve a pending polychlorinated biphenyls (PCB)-related environmental impairment case, involving legacy Monsanto PCB products. The settlement will fully resolve all claims brought by the state, release the company from any future liability, and result in the dismissal of the case. Under the terms of the agreement, Bayer will make a one-time payment of $698 million, which is fully covered by previous provisions. The company filed a lawsuit against former PCB customers to enforce its indemnification agreements and recover these and other PCB-related litigation costs. The Oregon agreement contains no admission of liability or wrongdoing by the company. The settlement terms reflect the unique challenges and trial procedures in this Oregon venue even though Monsanto voluntarily ceased production of PCBs in 1977 and never manufactured, used or disposed of PCBs in Oregon. Bayer remains committed to defending existing and future cases at trial and won dismissal of a case brought by the state of Delaware earlier this year.”