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Marin County and Nine Local Jurisdictions File Suit Against Monsanto to Recover Costs Related to Cleanup of Toxic PCBs

Monsanto produced nearly 99% of all PCBs used in the United States since the 1930s and continued until its manufacture was banned by the Toxic Substance Control Act of 1976. According to Monsanto’s own internal documents, company officials knew and were warned about the dangers to human health and the environment from PCBs, but Monsanto wrongfully promoted the product and failed to warn customers about its dangers.

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Brian Washington (right) is the Marin County Counsel.
Brian Washington (right) is the Marin County Counsel.

Courtesy of Marin County

The County of Marin, along with nine local jurisdictions, has filed a lawsuit against Monsanto and two other companies to hold them accountable for PCB (polychlorinated biphenyl) contamination in their communities and in San Francisco Bay, and for the enormous costs they will incur to remove those contaminants.

The suit was filed Sept. 8 in Marin County Superior Court with plaintiffs listed as the County of Marin, the cities of Belvedere, Mill Valley, Novato, San Rafael and Sausalito, and the towns of Corte Madera, Ross, San Anselmo and Tiburon. It also names Solutia, Inc., and Pharmacia LLC as defendants in the case.

Marin’s joint lawsuit adds to a growing list of similar lawsuits filed around the U.S. alleging that Monsanto has known about the public health and environmental threats caused by PCBs for more than 50 years. Similar suits have been filed nationwide, with plaintiff agencies alleging that Monsanto deliberately misled the public, environmental regulators, and its own customers so it could reap massive profits from PCB sales.

Brian Washington, Marin County Counsel, said Marin and the other participating jurisdictions opted out of a proposed national class-action settlement because it failed to sufficiently cover the anticipated costs to comply with regulations and prevent further damage.

“PCBs have left a long toxic legacy,” said Washington. “The companies responsible need to contribute to the solution so that the taxpayers do not have to carry the entire burden.”

PCBs, banned from production in the late 1970s, are known or suspected to cause a wide range of cancers including non-Hodgkin’s lymphoma, breast cancer, liver cancer, gallbladder cancer, gastrointestinal cancers, pancreatic cancer and skin cancer. They are implicated in non-cancer health problems such as cardiovascular, endocrine, gastrointestinal, hepatic (liver), immune, neonatal, neurological, ocular, and reproductive harm.

PCB contamination resulting from Defendants’ actions is already widespread across the Bay Area. The entire Bay is classified as “impaired” by PCBs under the federal Clean Water Act. This impairment endangers natural resources and human health. For example, the Bay’s PCB contamination has required state agencies to issue stringent consumption advisories for fish caught in the Bay.

Water and sediment containing PCBs end up in wastewater and stormwater systems, which eventually make their way to the Bay. PCB contamination has been so severe in the bay that the California Office of Environmental Health Hazard Assessment has advised some people not to eat certain types of fish caught in the bay.  For example, children and women ages 18 to 49 are advised not to eat striped bass, sharks and white sturgeon caught in the bay. Everyone is also advised not to eat the skin and fatty tissue of any fish caught in the bay.

When regulations are in full effect, it is anticipated that communities will have to use significant taxpayer dollars to pay for testing and monitoring, develop infrastructure to capture PCBs in runoff, conduct more frequent street sweeping, and deploy other measures to comply with those regulations.

Monsanto produced nearly 99% of all PCBs used in the United States since the 1930s and continued until its manufacture was banned by the Toxic Substance Control Act of 1976. According to Monsanto’s own internal documents, company officials knew and were warned about the dangers to human health and the environment from PCBs, but Monsanto wrongfully promoted the product and failed to warn customers about its dangers. For example, in the 1950s, the U.S. Navy refused to buy one of Monsanto’s PCB products, Pydraul 150, for use in its submarines after the Navy conducted its own tests that showed that Pydraul 150 killed all 100 rabbits exposed to its vapors. Monsanto concealed that information from the public and its customers.

The County of Marin and other towns and cities involved in the suit are represented by their own staff with support from outside counsel Sher Edling LLP of San Francisco. The complaint includes claims of public nuisance, private nuisance and trespass.

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Former U.S. Rep. Barbara Lee Reflects on Her Career as She Bids Farewell to Congress

“Together, we have raised our voices and pushed the envelope for peace, justice and equity. It has been the honor of a lifetime to provide constituent services, deliver federal investments to my district, speak out, and often times be the only one to take tough votes against the tide. I have, and will continue to, fight for working families, the middle class, low income and poor people,” said Lee On her final day in Congress.

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Rep. Barbara Lee. File photo.
Rep. Barbara Lee. File photo.

By Bo Tefu, California Black Media

Outgoing Congresswoman Barbara Lee (D-CA-12) expressed deep gratitude to her constituents and marked the end of her 26-year career in public service.

Lee, who is succeeded by Lateefah Simon, a civil rights and racial justice activist, praised people in her community for their support. She also highlighted her dedication to promoting peace, justice, and equity.

“Together, we have raised our voices and pushed the envelope for peace, justice and equity. It has been the honor of a lifetime to provide constituent services, deliver federal investments to my district, speak out, and often times be the only one to take tough votes against the tide. I have, and will continue to, fight for working families, the middle class, low income and poor people,” said Lee On her final day in Congress.

Throughout her tenure, Lee earned a reputation as a principled lawmaker known for taking bold and sometimes unpopular stances. One of her defining moments came in 2001 when she was the sole member of Congress to vote against the Authorization for the Use of Military Force in response to the September 11 attacks. This decision led to death threats but ultimately cemented her legacy of courage.

Lee’s leadership extended beyond her district, where she fought for social justice, the rights of low-income communities, and global health initiatives. She was a key figure in pushing for the President’s Emergency Plan for AIDS Relief (PEPFAR). She was a vocal critic of the Hyde Amendment, which restricts federal funding for abortion services.

The Congresswoman also faced significant challenges in her career, including a failed Senate bid in 2024. Yet, Lee’s efforts have paved the way for more excellent representation, with more Black women now elected to Congress. She worked closely with organizations like Representation Matters to encourage more women of color to run for office.

Lee says she looks to the future, confident that the next generation of leaders will continue her unfinished work, particularly on issues like military force and reproductive rights.

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Oakland Post: Week of February 5 – 11, 2025

The printed Weekly Edition of the Oakland Post: Week of February 5 – 11, 2025

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OP-ED: Like Physicians, U.S. Health Institutions Must ‘First, Do No Harm’

Coupled with their lack of government and healthcare-related experience, we are concerned these nominees will significantly undermine public health, increase the number of uninsured people, worsen health outcomes, and exacerbate health disparities. Physicians observe Hippocrates’ maxim to “First Do No Harm,”, and we urge Trump administration officials to do the same. It is critical that the leadership of HHS and its agencies make decisions based on facts, evidence, and science. Misinformation and disinformation must not guide policymaking decisions and undermine evidence-based public health strategies. Spreading these falsehoods also erodes trust in our public institutions.

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Albert L. Brooks MD. Courtesy photo.
Albert L. Brooks MD. Courtesy photo.

By Albert L. Brooks MD
Special to The Post

Presidential administrations significantly impact the health and wellbeing of our patients and communities.

Through the Department of Health and Human Services (HHS) and the agencies within it, such as the Centers for Medicare & Medicaid Services and the National Institutes of Health, this new administration will decide how financial resources are allocated, dictate the focus of federal research, and determine how our public health care insurance systems are managed, including the Affordable Care Act (ACA), the Children’s Health Insurance Program, the Vaccines for Children program, Medicare, and Medicaid.

The decisions made over the next four years will impact all Americans but will be felt more acutely by those most underserved and vulnerable.

As physicians, we are greatly concerned by the nominations announced by President Trump to critical healthcare related positions. Many of their previous statements and positions are rooted in misinformation.

Coupled with their lack of government and healthcare-related experience, we are concerned these nominees will significantly undermine public health, increase the number of uninsured people, worsen health outcomes, and exacerbate health disparities. Physicians observe Hippocrates’ maxim to “First Do No Harm,”, and we urge Trump administration officials to do the same.

It is critical that the leadership of HHS and its agencies make decisions based on facts, evidence, and science. Misinformation and disinformation must not guide policymaking decisions and undermine evidence-based public health strategies. Spreading these falsehoods also erodes trust in our public institutions.

Vaccines, in particular, have been a target of disinformation by some HHS nominees. In fact, research continues to confirm that vaccines are safe and effective. Vaccines go through multiple rounds of clinical trials prior to being approved by the Food and Drug Administration (FDA) for administration to the public.

Vaccines protect against life-threateningdiseasessuch as measles, polio, tetanus, and meningococcal disease and, when used effectively, have beenshowntoeliminateorsubstantiallyreducediseaseprevalenceand/orseverity.

Because of vaccine mis- and disinformation, there has been a resurgence in vaccine-preventable diseases such as measles and whooping cough, endangering those who are too young or unable to be vaccinated.

Several nominees have spread disinformation alleging that fluoride in public drinking water is harmful. In fact, fluoride in drinking water at the recommended level of 0.7 parts per million, like we have in our EBMUD water, is safe and keeps teeth strong. Because of public health interventions dating back to the 1960s that have resulted in 72.3% of the U.S. population now having access to fluoridated water, there has been a reduction in cavities by about 25% in both children and adults.

We also encourage the next administration to invest in our public health infrastructure. The COVID-19 pandemic highlighted the critical role of public health agencies in preventing and responding to health crises in our communities.

Health departments at the state and local levels rely on federal funding support and technical assistance to develop public health response plans, implement public health strategies, and work with on the ground organizations to serve hard to reach communities. Public health agencies are critical for protecting everyone in our communities, regardless of income-level, insurance status, or housing status.

Health officials should also work to protect the significant improvements in insurance coverage that have occurred since the passage of theACAin 2010.According to HHS, the numberofuninsuredAmericansfellfrom48millionin2010to25.6millionin2023.

California has led the way by investing in Medi-Cal and expanding eligibility for enrollment. In fact, it reached its lowest uninsured rate ever in 2022 at 6.2%. Voters affirmed this commitment to expanding and protecting access to care in November by passing Proposition 35, which significantly expanded funding for California’s Medi-Cal program. The administration should advance policies that strengthen the ACA, Medicaid, and Medicare and improve access to affordable health care.

Regardless of the president in power, physicians will always put the best interests of our patients and communities at the forefront. We will continue to be a resource to our patients, providing evidence-based and scientifically proven information and striving to better their lives and our community’s health. We urge the new Trump administration to do the same.

Albert L. Brooks MD is the immediate past president of the Alameda-Contra Costa Medical Association, which represents 6,000 East Bay physicians.

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