Settlement approved in class action PCBs case

Final approval of a nationwide class action settlement with Monsanto Company, Pharmacia, LLC, Solutia, Inc., and Bayer arising from environmental contamination caused by PCBs was announced Monday. The $537.5 million settlement will provide cash payments to a class of 2,442 government entities across the country.

“This settlement will provide funds directly to public entities burdened with reducing PCBs from stormwater and sediment,” said Co-Lead Class Counsel and Baron & Budd Shareholder Scott Summy. “This groundbreaking settlement marks the first time a product manufacturer will pay damages for stormwater contamination, and the class members include counties, cities, ports and other government entities.”

The class settlement provides a range of monetary benefits to government entity class members. First, most class members will receive a cash payment to monitor PCBs in stormwater. Second, a separate fund will compensate government entities required to comply with a Total Maximum Daily Load order. Third, another fund will compensate class members required to remove PCBs from sediments. Fourth, all class members are eligible to apply to a Special Needs Fund for certain extraordinary costs. Finally, the named class members that litigated individual lawsuits against Monsanto may apply to recover certain litigation expenses.

The settling named class plaintiffs leading the nationwide resolution include the City of Spokane, City of Tacoma, the City of Portland, the Port of Portland, the City of Berkeley, the City of Oakland, the City of San Jose, County of Los Angeles, City of Long Beach, City of San Diego, City of Chula Vista, City of Baltimore, and Baltimore County.