West Virginia Attorney General J.B. McCuskey
CHARLESTON – West Virginia Attorney General J.B. McCuskey has announced a settlement with Monsanto Company, Solutia Inc. and Pharmacia LLC resolving the state’s claims involving PCB contamination and alleged impacts to its waterbodies and natural resources.
The settlement guarantees a $24.5 million payment to the state, including $12.5 million to be paid by the end of 2025. It has a total potential value of up to $60.5 million to be paid before December 2030, contingent on the outcome of separate indemnity litigation Monsanto is pursuing against major PCB purchasers.
Polychlorinated Biphenyls, commonly known as PCBs, are toxic chemicals banned in 1979 because of their links to cancer and harmful effects on immune, nervous and reproductive systems. Despite the ban, PCBs have persisted in the environment, accumulating in human and animal tissues.
Monsanto once was one of the largest makers of a now-banned class of chemicals.
“West Virginia communities have shouldered the burden of PCB contamination for far too long, impacting our rivers, land and health,” McCuskey said. “This settlement agreement ensures that Monsanto is held accountable for the environmental damage caused by PCBs decades ago and will be critical in our ongoing efforts to protect West Virginians for generations to come.”
Complaints filed in other states have alleged that Monsanto produced 99% of all PCBs in the United States and knowingly concealed their environmental and health risks for decades. Over 540 acres of lakes and 440 miles of rivers and streams in West Virginia are believed to be impaired by PCBs.
West Virginia’s settlement follows similar resolutions in other states. West Virginia’s per-capita settlement amount — even excluding contingencies — is among the highest in the country.
Also Monday, Monsanto agreed to pay the Illinois at least $120 million under a settlement with Illinois AG Kwame Raoul. Raoul sued Monsanto in 2022 alleging company officials long knew that widely used PCBs were dangerous to people and the environment even as they denied it.
