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Published November 3, 2023 at 7:54 p.m.
Vermont Attorney General Charity Clark, who is suing Monsanto for polluting the environment and schools with its toxic chemicals, is asking a federal court to put a pause on a similar suit filed by dozens of local school districts.
Clark filed her lawsuit in state court in early June. About two weeks later, attorney Pietro Lynn sued the agrochemical giant in federal court, claiming its PCBs had contaminated 93 Vermont school districts.
In a 19-page amicus brief asking for a stay, Clark argues that Addison Central School District et al. v. Monsanto et al. is "duplicative" of the state's lawsuit and should be halted "to prevent inefficient, piecemeal litigation and to promote comity between the federal and state courts."
The Burlington School District filed its own lawsuit against Monsanto last December and is not part of the state's lawsuit or the Addison et al. suit.
Clark filed her lawsuit in state court in early June. About two weeks later, attorney Pietro Lynn sued the agrochemical giant in federal court, claiming its PCBs had contaminated 93 Vermont school districts.
In a 19-page amicus brief asking for a stay, Clark argues that Addison Central School District et al. v. Monsanto et al. is "duplicative" of the state's lawsuit and should be halted "to prevent inefficient, piecemeal litigation and to promote comity between the federal and state courts."
Overlapping suits would lead to "massive duplication of effort, conflicts in approach, court rulings on the same issues in different courts (with the potential for strategic gameplay), and a race to judgment," the brief states.
The lawsuits were filed amid a sweeping state initiative to test all schools built before 1980 for PCBs. If results are above levels set by the state, the toxic chemicals must be remediated, a costly and time-consuming proposition.
The Burlington School District filed its own lawsuit against Monsanto last December and is not part of the state's lawsuit or the Addison et al. suit.
Related Burlington School District Sues Monsanto Over PCB Contamination
Burlington School District Sues Monsanto Over PCB Contamination
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Clark's amicus brief states that Addison et al. is already causing logistical problems. For example, Clark wrote, the school districts' attorneys have agreed to give Monsanto four weeks' notice before a school is tested for PCBs and to let the company inspect schools before PCBs are remediated.
Clark noted that the state has tried to work out issues with Lynn, the attorney for the school districts, but the parties are still conflicted.
"The State is concerned that this provision could extend the time that building occupants are exposed to PCBs above [state limits]," the brief states.
Additionally, according to the brief, Addison et al. has prompted Monsanto to subpoena tens of thousands of pages of documents related to the state's PCB testing initiative, which has "placed significant administrative and logistical burdens on the State, environmental contractors, and laboratories."
Lynn did not immediately respond to a request for comment on Friday evening.
Related Vermont and Its Schools Sued Over PCBs. Will They Win?
Vermont and Its Schools Sued Over PCBs. Will They Win?
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In a Q&A for Vermont schools released on Friday, Clark wrote that the state is working with two outside law firms who have agreed to take between 12 and 20 percent of any money recouped from Monsanto. She said lawyers in Addison et al. would receive 33 percent of any award, according to reporting by the Brattleboro Reformer.
The request for a stay will not impact the state's PCB testing program, according to Clark. PCB test results for 73 Vermont schools have been posted on the Vermont Agency of Natural Resources website. More than 300 schools will be tested.
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About The Author
Alison Novak
Bio:
Alison is the former managing editor at Kids VT, Seven Days' parenting publication and writes about education for Seven Days.
Alison is the former managing editor at Kids VT, Seven Days' parenting publication and writes about education for Seven Days.
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