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Published December 20, 2022 at 2:13 p.m.
The parent company of PCB producer Monsanto filed a legal motion on Monday requesting an emergency hearing to halt the demolition of Burlington High School until the company can fully inspect the premises.
The motion in U.S. District Court from Bayer is in response to an October personal injury lawsuit filed by two former Burlington High School teachers, Tracy Rubman and Kathy Lothian. They claim that workplace exposure to PCBs — a toxic chemical manufactured by Monsanto for commercial use until the late 1970s — caused them to suffer serious health problems, including reproductive issues and hyperthyroidism.
The Burlington School District filed a separate lawsuit earlier this month alleging that Monsanto encouraged customers to use PCB mixtures in construction materials "despite knowing that this would directly introduce PCBs into surrounding air and other construction materials, and onto nearby interior surfaces."
The motion in U.S. District Court from Bayer is in response to an October personal injury lawsuit filed by two former Burlington High School teachers, Tracy Rubman and Kathy Lothian. They claim that workplace exposure to PCBs — a toxic chemical manufactured by Monsanto for commercial use until the late 1970s — caused them to suffer serious health problems, including reproductive issues and hyperthyroidism.
The Burlington School District filed a separate lawsuit earlier this month alleging that Monsanto encouraged customers to use PCB mixtures in construction materials "despite knowing that this would directly introduce PCBs into surrounding air and other construction materials, and onto nearby interior surfaces."
In November, Burlington voters approved borrowing $165 million to demolish the PCB-laden high school and build a new one, and the school district plans to begin work next month. But in its motion, Bayer states that the district's timing doesn't give the company's consultants "a reasonable opportunity" to inspect the building and gather information critical to both the employees' and school district's lawsuits.
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Education
Bayer suggested a March 15 deadline for exchanging documents and conducting an inspection as a "last ditch effort" to avoid court intervention, but the school district rejected the proposal, compelling the company to go the legal route, court papers state.
"The stakes are simply too high to play a game of chicken with a wrecking ball, especially when the delay being sought is reasonable and necessary," Bayer attorneys wrote in the motion.
On Tuesday, Burlington School District declined to comment on Bayer's counterpunch.
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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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