In 2022, Vermont became the first state in the country to mandate older schools to test their indoor air for polychlorinated biphenyls, which were commonly used in building materials and electrical equipment before 1980.
The complaint, filed by more than 90 school districts in federal court, seeks to recover costs and damages. Under Vermont's law, schools with high levels of contamination must reduce exposure.
The removal of PCBs is expected to be costly, with some districts potentially having to demolish and replace buildings, resulting in expenses amounting to "hundreds of millions, if not billions, of dollars," according to the lawsuit.
The presence of PCBs in school buildings is attributed to caulking and glazing compounds, sealants, adhesives, and other construction materials. However, Monsanto, now owned by Bayer, denies any responsibility, stating that "third party companies, not Monsanto" produced the PCB-laden materials likely used in the schools. The company asserts that it has not manufactured or disposed of PCBs in Vermont for over 45 years.
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Monsanto is also seeking an emergency hearing and the preservation of evidence. The company wants to participate in environmental testing and PCB-source identification, as well as document and observe the remediation work.
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Polychlorinated biphenyls, which were used in building materials and electrical equipment such as transformers, capacitors, and fluorescent lighting ballasts, were banned by the U.S. Environmental Protection Agency in 1979 due to concerns about their potential to cause cancer and other illnesses.
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However, a 2019 Associated Press investigation revealed that millions of fluorescent light ballasts containing PCBs likely remain in schools and day care centers across the U.S., even four decades after the chemicals were banned.
Exposure to PCBs can occur through breathing in dust or vapors containing the chemicals, consuming dust while eating or drinking, or having skin contact with materials that contain the chemicals. The Vermont Department of Environmental Conservation warns that the chemicals can be released into the air, posing a risk to students and staff.
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PCB contamination has already forced an entire Vermont high school to relocate to a closed department store in downtown Burlington, where classes have been held since March 2021 while the old school is being demolished.
The retrofit of the store, which is connected to a now-closed mall, cost $3.5 million and was supported by the state.
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In a similar case two years ago, three teachers in Washington state were awarded $185 million after suing Monsanto over exposure to PCBs in fluorescent lights at the Sky Valley Education Center in Monroe, Washington. The teachers claimed to have suffered brain damage as a result of the exposure.
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Last month, the Vermont attorney general also filed a lawsuit against Monsanto, alleging PCB contamination in the state's schools and natural resources.
The lawsuit claims that the chemicals have accumulated to dangerous levels in sediment, wildlife, and fish, and continue to circulate in Vermont's waters. As a result, Vermont has issued a fish consumption advisory for all of Lake Champlain and the Hoosic River due to the contamination.
Monsanto maintains that the lawsuit filed by the school districts, as well as the lawsuit brought by the Vermont attorney general, have no merit for the same reasons it previously stated.
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