NC State University Files Suit Against Monsanto Over PCB Contamination in Poe Hall
Potential damages total hundreds of millions of dollars, could be higher
For Immediate Release
Today, NC State University filed a lawsuit against chemical giant Monsanto.
The case centers on several allegations: Monsanto manufactured and furnished the PCBs used in building materials to construct Poe Hall in 1971. The lawsuit alleges Monsanto marketed the PCB mixtures as non-toxic. The lawsuit, however, alleges the EPA recognizes that PCBs are toxic, and expert analysis concludes Monsanto’s PCBs were diffused through the building’s HVAC system. Monsanto knew then that its marketing claims were false, the lawsuit alleges.
“Monsanto advised customers to integrate its PCB mixtures into construction materials,” the lawsuit states, “despite knowing that this would directly introduce PCBs into surrounding air and other building materials, and onto nearby interior surfaces. Monsanto issued no public warnings or instructions addressing these issues or the associated health risks with its PCB products and, in public communications, denied or concealed the existence of those hazards.”
The lawsuit seeks damages to cover the hundreds of millions of dollars it will cost to remediate Poe Hall, plus punitive damages and attorneys’ fees. It also seeks to hold Monsanto responsible for any possible future liability that may arise from personal injury claims.
NC State University Chancellor Kevin Howell said, “Since I joined as chancellor in May, a vacant, contaminated instruction hall that has caused much concern and worry for many has been sitting idle and must be remediated. This lawsuit is about responsibility and accountability for the cleanup of this building so we can get our students back to learning. In the meantime, along with concerned students, faculty and staff, we eagerly await the results of the pending NIOSH report.”
“This legal action is just the right thing to do, and I applaud NC State for taking this step. Countless people are understandably fearful and concerned and the university and taxpayers face at least a nine-figure bill. This lawsuit is about assigning accountability and responsibility where it properly belongs,” said UNC System President Peter Hans.
Background and Timeline
Poe Hall was constructed in 1971. At that time, PCBs were commonly used in building materials. Monsanto manufactured and furnished the PCBs present in Poe Hall, and according to the lawsuit, the company marketed its PCB mixtures as non-toxic.
The lawsuit asserts Monsanto knew of these hazards at the time but did not share its information with NC State: the company “actively conceal[ed] Monsanto’s knowledge that PCBs are toxic, persistent, and prone to migrate,” according to the lawsuit. “Defendants [Monsanto] conduct was willful, wanton, malicious, and undertaken with conscious disregard of the safety and rights of others.”
In December 2023 and April 2024, sampling conducted by Geosyntec (an international environmental firm with more than 2,800 engineers) indicated the presence of PCBs in levels above EPA standards in bulk materials inside the building’s HVAC system. It is important to note that most people do not come into direct contact with the HVAC system. While the analysis also revealed contamination in surface dust and air samples in various locations in the building, Geosyntec’s analysis shows that nearly all the surface and air samples were below EPA thresholds for schools.
The full Geosyntec report is available here; the executive summary begins on page 186.
What Happens Next?
Engineering analyses indicate full remediation requires Poe Hall to be almost completely demolished and rebuilt.
The suit filed today seeks damages from Monsanto to fund that remediation, but NC State does not intend to wait for the suit to conclude before proceeding. The university has begun that process to comply with federal regulations.
Several North Carolina-based personal-injury attorneys have threatened to seek a court order blocking NC State from remediating Poe Hall, even though remediation is required by the EPA and is in the best interest of the university and its students. The university previously allowed the personal-injury attorneys full access to Poe Hall to conduct their own sampling and to take video and photographs.
The university will proceed with remediation at Poe Hall so that the contaminated building does not continue to sit idle indefinitely, in violation of EPA regulations.
Separately, the National Institute for Occupational Safety and Health (NIOSH) in May restarted its health hazard evaluation into Poe Hall. The university will make the NIOSH report public when it is received.
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