City of Oakland to receive $7.5 million to address contamination

Oakland, CA — Today, Oakland City Attorney Barbara J. Parker announced the City of Oakland will receive approximately $7.5 million from a $537.5 million nationwide PCB (polychlorinated biphenyl) settlement of a class action lawsuit against Monsanto chemical company and Bayer, which acquired Monsanto in 2018. The class action settlement became effective 30 days after Judge Olguin of the Central District of California issued the final approval order in federal court on November 19, 2022, and no appeals of the class action were filed.

“The people of Oakland deserve and are entitled to have access to clean and healthy water,” said Oakland City Attorney Barbara J. Parker. “This settlement will help us clean up the mess Monsanto made in Oakland’s storm drains and the San Francisco Bay. I’m proud to have been a member of the team that spearheaded this litigation to hold corporate polluters accountable.”

Monsanto produced PCBs for approximately 50 years until the U.S. Congress banned them because they endanger human and environmental health. Despite the 1979 ban, today PCBs are a common environmental contaminant that is found in all natural resources including water and plants as well as the tissues of marine life, animals and humans. PCBs can destroy fish habitats and are associated with illnesses and cancer in humans.

The City of Oakland and 12 other public entities filed a class action complaint against Monsanto on July 8, 2020 and moved for preliminary approval of the class settlement. The named class representatives include the City of Oakland, City of Long Beach, County of Los Angeles, City of Chula Vista, City of San Diego, City of San Jose, City of Berkeley, City of Portland, Port of Portland, City of Spokane, City of Tacoma, City of Baltimore, and County of Baltimore.

In 2015, the City of Oakland was one of the first cities in the nation to file an individual lawsuit against Monsanto for PCB contamination of stormwater and public water bodies. In total, only 14 local entities in the country pursued Monsanto in an individual action, alleging a novel application of public nuisance against a product manufacturer for stormwater contamination.

“As we witness on a daily basis the devastation caused by the climate crisis and threat of ecosystem collapse, it is past time to put a stop to the practice of allowing corporations to choose profits over protecting people,” added City Attorney Parker.

2,443 public entities, including cities, counties, towns, townships, villages, and port districts, will receive money to monitor and/or remediate harmful PCBs in stormwater and contaminated water bodies and sediment. The settlement contains five funds including the Monitoring Fund, the TMDL (total maximum daily load) Fund, the Sediment Sites Fund, the Special Needs Part A Fund, and the Special Needs Part B Fund.

The City will receive money from the TMDL Fund and apply for additional funds from the Special Needs Part A Fund and the Special Needs Part B Fund. The final award amounts will be calculated by the claims administrator and the special master.

The City of Oakland is represented by City Attorney Barbara J. Parker and Chief Assistant City Attorney Maria Bee, and Scott Summy, John Fiske, and Carla Burke Pickrel of Baron & Budd, P.C.