Monsanto water contamination $550M class action settlement

Monsanto agreed to several class action lawsuit settlement funds totaling $550 million to resolve claims it contributed to water contamination with pollution from polychlorinated biphenyls (PCBs).

The Monsanto water pollution settlement benefits NPDES Phase I and II cities, towns, villages, boroughs, townships and independent port districts within a HUC 12 Watershed adjoining a 303(d) water body impaired by PCBs as of June 24, 2020.

PCBs are man-made chemicals resistant to extreme temperature and pressure. Monsanto primarily manufactured these chemicals under the name Aroclor. 

Aroclor products were used in electrical equipment, hydraulic fluids and other industrial applications. The U.S. The Environmental Protection Agency (EPA) banned PCBs in 1979 due to concerns the chemicals can cause cancer, birth defects and other health issues.

Cities such as Los Angeles, Oakland, San Diego and San Jose in California; Spokane and Tacoma, Washington; Portland, Oregon; and Baltimore took legal action against Monsanto, alleging the company’s past PCB products contaminated waterways that in turn contaminated water systems operated by the cities.

The cities argue Monsanto is liable for this contamination and the mitigation processes the cities have had to pay for as a result of contamination and subsequent property damage.

Monsanto hasn’t admitted any wrongdoing but agreed to a $550 million settlement to resolve these class action lawsuit allegations. The Monsanto water pollution settlement includes a Monitoring Fund of $42.89 million, a TMDL (total maximum daily load) Fund of $250 million, a Sediment Sites Fund of $150 million and a two-part Special Needs Fund of $107.1 million.

The Monitoring Fund provides cash payments intended to pay for PCB testing and mitigation efforts by class members. Payments range from $1.4 million to $33 million based on Phase I or Phase II status and population.

The TMDL Fund provides payments to class members subject to or responsible for a TMDL, TMDL Alternative or TMDL Direct-to-Implementation regulation put in place or updated after Jan. 1, 2010. Fund allocations range from a few thousand dollars to millions of dollars. Class members who receive TMDL Fund payments between $50,000 and $100,000 are eligible for partial Monitoring Fund payments.

The Settlement Sites Fund benefits class members who are a noticed or responsible part in U.S. EPA Superfund Sites, U.S. EPA Large Sediment Sites and/or Clean Water Act Category 4b Sites/Waters contaminated by PCBs due to stormwater contribution.

Special Needs Fund Part A compensates class members for time, energy, effort, attorney costs, expenses and the risk of litigation stemming from the PCB contamination and class action lawsuit. These payments are eligible for named class members and those who filed a lawsuit against Monsanto.

Special Needs Fund Part B compensates class members who made significant regional, state or national benefits, costs or contributions to bodies of water impaired by PCBs.

The deadline for exclusion and objection in the settlement passed on July 25, 2022. 

The final approval hearing for the Monsanto contamination lawsuit settlement is scheduled for Oct. 13, 2022. 

In order to receive benefits from the Special Needs Fund Part A or Sediment Sites Fund, class members must submit a valid claim form within 65 days of the final approval order — or Dec. 17, 2022, based on the scheduled final approval hearing.

Class members have one year and 14 days after the Monsanto contamination lawsuit settlement administrator mails Monitoring Fund payments to submit a claim with the Special Needs Fund Part B.

Who’s Eligible

The settlement benefits NPDES Phase I and II cities, towns, villages, boroughs, townships and independent port districts within a HUC 12 Watershed adjoining a 303(d) water body impaired by polychlorinated biphenyls (PCBs) as of June 24, 2020.

Potential Award

Varies

Proof of Purchase

No proof of purchase applicable

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

01/23/23 – Deadline to submit Sediment Sites Application
01/23/23 – Deadline to submit Special Needs Fund, Part A Application
1 year and 14 days after the settlement administrator’s mailing of Monitoring Fund payments – Deadline to submit Special Needs Fund, Part B Application

Case Name

City of Long Beach v. Monsanto Co., Case No. 2:16-CV-03493-FMO-AS, in the U.S. District Court for the Central District of California, Western Division

Final Hearing

10/13/2022

Settlement Website

PCBClassAction.com

Claims Administrator

Monsanto Class Action Settlement
Claims Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
info@pcbclassaction.com

Class Counsel

Scott Summy
Carla Burke Pickrel
John Fiske
BARON & BUDD PC

John Gomez
GOMEZ TRIAL ATTORNEYS

Richard Gordon
Martin Wolf
GORDON, WOLF & CARNEY

John R Wertz

Defense Counsel

Mark D Anstoetter
Brent Dwerlkotte
SHOOK HARDY & BACON LLP