Dornan and Hearn, ‘Crossing the Dark and Fearful River: Monsanto, PCBs, and Emerging Tort Theories’

“… Part II of this article explores the history of PCB production, including Monsanto’s knowledge of the negative health effects of PCB exposure and continues with a discussion of how PCB negatively affects Native populations through its accumulation in marine life. In Part III, we briefly review the history of sovereign-led suits brought to address public health issues, potential causes of action against Monsanto for PCB contamination, and threshold issues of standing tribal plaintiffs must establish in order to defeat a motion to dismiss. Part IV discusses PCB litigation by the St Regis Mohawk Tribe, the State of Washington, and the City of Seattle. Finally, Part V argues that Native Americans are disproportionately affected by PCB contamination in the environment and concludes with a discussion of issues tribal plaintiffs may confront in PCB litigation against Monsanto …”

Dornan, Keith and Hearn, Jamie, Crossing the Dark and Fearful River: Monsanto, PCBs, and Emerging Tort Theories, American Indian Law Journal: volume 10: issue 2, article 5 (2022).

First posted 2022-07-14 13:45:01

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