District of Maryland 

G&E represented the City of Baltimore, Maryland and Baltimore County, Maryland, in litigation against Monsanto Co. arising out of its production, marketing, distribution, and sale of carcinogenic industrial chemicals (polychlorinated biphenyls, or PCBs), resulting in environmental contamination as well as contamination of Baltimore’s and Baltimore County’s municipal separate storm sewer systems (MS4) and other public water systems, including substantial impairment of the Inner Harbor and Lake Roland. Baltimore and Baltimore County asserted common-law environmental claims seeking monetary damages for injury to public resources and other relief. Both Baltimore and Baltimore County elected to serve as class representatives in a proposed nationwide class action settlement on behalf of similar MS4 owners/operators. Monsanto has agreed to pay $550 million to the class. The settlement remains in process and subject to court approval.

Essex County Superior Court

G&E served as court-appointed Co-Lead counsel representing residents and businesses harmed by the catastrophic gas explosions in Merrimack Valley, Massachusetts, caused by the negligence of Columbia Gas and NiSource. In September 2018, a series of gas explosions and fires impacted as many as 80 homes and businesses, affected thousands of families, injured dozens of people, and killed one man. G&E asserted claims against Columbia Gas and NiSource, seeking compensation on behalf of residents that were injured in the explosion or have suffered property damage or other economic harm. The Firm achieved a settlement of $143 million in July 2019.

Superior Court of the District of Columbia Civil Division

G&E represented the Attorney General for the District of Columbia in litigation against Monsanto Co. arising out of its production, marketing, distribution, and sale of carcinogenic industrial chemicals (polychlorinated biphenyls, or PCBs), resulting in environmental contamination, including substantial impairment of major District of Columbia waterbodies. The District of Columbia asserted statutory and common-law environmental claims seeking cleanup costs and other damages for injury to natural resources. In 2020, a settlement for $52 million was reached.

First Judicial District Court, New Mexico

G&E represented the Attorney General for the State of New Mexico in litigation against Monsanto Co. arising out of its production, marketing, distribution, and sale of carcinogenic industrial chemicals (polychlorinated biphenyls, or PCBs), resulting in statewide environmental contamination, including substantial impairment of major New Mexico waterbodies. New Mexico asserted common-law environmental claims and a statutory claim for unfair trade practices seeking monetary damages for injury to its natural resources and other relief. In 2020, a settlement for $23.6 million, plus other non-monetary relief, was reached.

Sacramento County Superior Court

G&E represents residents harmed by the devastating November 2018 Camp Fire in Northern California, allegedly caused by the negligence of Pacific Gas and Electric Company (PG&E). The Camp Fire was the deadliest and most devastating wildfire in California’s history, where 85 people died and more than 19,000 structures, including residences and commercial properties, were destroyed or damaged. G&E is asserting claims against PG&E, seeking compensation on behalf of residents that were injured or died in the fire or have suffered property damage or other emotional distress. PG&E reached a $13.5 billion settlement with all wildfire victims in December 2019, and a court-supervised claims process is underway to compensate residents and businesses.

Northern District of Ohio

G&E represents the Attorney General for the State of Ohio in litigation against a variety of chemical companies that manufactured and distributed aqueous film-forming foam (AFFF) containing per- and polyfluoroalkyl substances (PFAS), including toxic PFAS chemicals known as PFOA and PFOS. PFAS compounds are the root cause of a nationwide drinking water quality crisis. The primary manufacturers of PFAS-laced AFFF products include the 3M Company, Tyco Fire Products, Chemguard, Inc., Buckeye Fire Equipment, Kidde-Fenwal, Inc., and National Foam, Inc. Ohio asserts that these and other manufacturers, including PFAS manufacturers such as DuPont and Chemours, developed early knowledge of the toxicity and environmental hazards associated with the routine use of their products, which—when used in firefighting exercises—inevitably contaminate groundwater, seeping into public drinking water supplies and private wells. Ohio’s lawsuit has been consolidated in multidistrict litigation centralized in the District of South Carolina. Ohio asserts common-law environmental claims seeking both monetary damages for injury to its natural resources and abatement of the drinking water crisis.

Circuit Court of the Fifth Judicial Circuit, Marion County

G&E represents the City of Ocala in PFAS litigation concerning the use and disposal of AFFF products at a fire training facility, which resulted in high PFAS concentrations in drinking water wells and public water supplies. Ocala asserts common law and statutory claims under Florida law against the manufacturers of AFFF products, including the 3M Company, Tyco Fire Products, Chemguard, Inc., Buckeye Fire Equipment, Kidde-Fenwal, Inc., and National Foam, as well as PFAS manufacturers such as DuPont and Chemours, for causing this extensive contamination. Ocala’s AFFF litigation has been centralized in multi-district litigation proceedings in the District of South Carolina for pretrial purposes.

Court of Common Pleas, Hamilton County, Ohio

G&E represents the Attorney General for the State of Ohio in litigation against Monsanto Co. arising out of its production, marketing, distribution, and sale of carcinogenic industrial chemicals (polychlorinated biphenyls, or PCBs), resulting in statewide environmental contamination, including substantial impairment of major Ohio waterbodies. Ohio asserts common-law environmental claims seeking both monetary damages for injury to its natural resources and an abatement plan to be funded by Monsanto. G&E defeated Defendants’ motion to dismiss in its entirety and the case is currently proceeding through discovery.

Commonwealth Court of Pennsylvania

G&E represents the Commonwealth of Pennsylvania in litigation against Monsanto Co. arising out of its production, marketing, distribution, and sale of carcinogenic industrial chemicals (polychlorinated biphenyls, or PCBs), resulting in statewide environmental contamination, including substantial impairment of major Pennsylvania waterbodies. Pennsylvania asserts common-law environmental claims seeking both monetary damages for injury to its natural resources and an abatement plan to be funded by Monsanto.

New Jersey Superior Court, Camden County

G&E represents the State of New Jersey’s Department of Environmental Protection in litigation against the Sherwin-Williams Company, relating to environmental injuries resulting from the company’s 100+ year abuse of terrestrial, wetland, stream, and lake habitats in Camden County, New Jersey. That litigation concerns the unlawful release and disposal of hazardous substances such as lead, arsenic, PCBs, and other constituents of concern, resulting in severe environmental damage.

District of New Mexico

Following an emergency motion by the New Mexico Attorney General, and a hearing led by G&E, a district court judge granted a preliminary injunction in June 2021 barring industrial sterilization company Sterigenics from uncontrolled emissions of the carcinogenic air pollutant ethylene oxide (EtO). The Sterigenics plant in question, located in southern New Mexico, is alleged to have seriously degraded air quality and increased the cancer risk in surrounding communities, which are majority-minority. EtO is known to affect the DNA of everything from the microbes that are its target as a sterilizing agent, to humans; it is also associated with human cancers including lymphoma and leukemia. The injunction was granted over opposition from local and national business groups, including the U.S. Chamber of Commerce and the National Association of Manufacturers. The State’s damages claims and other claims are proceeding.