Professor Lin Comments on Environmental Lawsuits for Daily Journal

Professor Albert Lin commented for the Daily Journal 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.

Because they follow a similar legal argument, the success of the PCB suits may depend upon how a state appellate court rules on a comparable case involving lead paint, Professor Lin said.  "Common law and public nuisance serves as a backstop, a source of remedy oftentimes that statutes don't address."

Albert Lin is a professor at the UC Davis School of Law with special interests in environmental law, natural resources law, and evidence.