Professor Lin Comments on Environmental Lawsuit for San Diego Union-Tribune
Professor Albert Lin commented for the San Diego Union-Tribune on lawsuits filed by the cities of San Diego and San Jose claiming that Monsanto Corporation covered up the toxicity of polychlorinated biphenyls (PCBs) for years and created a nuisance under common law. The cities are asking the courts to force Monsanto to pay to clean up residues of the toxic chemicals, which were banned in 1979 by the Environmental Protection Agency but which persist in air, water, and soil.
Under California's public nuisance law, companies may be liable for chemical contamination if they manufacture and market a chemical despite knowing its dangers.
"Promotion of a product with knowledge of the hazard is essential for liability," said Lin.
Albert Lin is a professor at the UC Davis School of Law with special interests in environmental law, natural resources law, and evidence.