Monsanto Can’t Hide: Vermont Court Says Out-of-State PCB Release Leads to Liability for School Exposure

Monsanto Can’t Hide: Vermont Court Says Out-of-State PCB Release Leads to Liability for School Exposure

Are Vermont schools safe for our children? The alarming truth is that many schools built before 1980 contain Polychlorinated Biphenyls (PCBs), toxic chemicals linked to cancer and other serious health issues. What’s even more concerning is that these PCBs, manufactured by Monsanto decades ago, continue to pose a threat to students and staff today. In a landmark decision, the Vermont Supreme Court has ruled that Monsanto can’t hide behind state lines, potentially opening the door for liability for PCB exposure in Vermont schools, even if the chemicals were released from out-of-state facilities. This ruling highlights the long-lasting impact of corporate negligence and the importance of holding companies accountable for the harm they inflict on communities.

The Vermont PCB Crisis: A Legacy of Toxic Exposure

Vermont has been at the forefront of addressing PCB contamination in schools. In 2021, Vermont became the first state in the nation to systematically search for PCBs in schools by passing Act 74. The law mandated testing in all schools built or renovated before 1980. The results were alarming: approximately 31% of tested schools exceeded Vermont’s “School Action Level,” requiring remediation. Twenty schools hit the “Immediate Action Level,” and seven required significant PCB removal or cleanup.

PCBs are synthetic chemicals that were widely used in building materials and electrical equipment before their ban in 1979. They were prized for being fire-resistant and chemically stable. However, these so-called “forever chemicals” have been linked to a range of health problems, including:

  • Cancer: PCBs are classified as probable human carcinogens.
  • Neurological Issues: Studies have linked PCB exposure to reduced IQ in children, attention deficits, and learning disabilities.
  • Immune System Damage: PCBs can weaken the immune system, making individuals more susceptible to infections.
  • Endocrine Disruption: PCBs can interfere with thyroid hormone levels, leading to developmental damage.
  • Reproductive Problems: PCBs have been linked to reproductive issues in both humans and animals.

Children are particularly vulnerable to the effects of PCB exposure because they breathe more air relative to their body weight and their bodies are still developing.

Vermont Supreme Court Ruling: A Game Changer

In December 2025, the Vermont Supreme Court issued a crucial ruling in the case of Neddo v. Monsanto, clarifying key questions about liability for PCB contamination in schools. The court addressed two major points:

  1. Out-of-State Release: The court determined that Monsanto cannot avoid liability by claiming it never “released” PCBs in Vermont, even though the chemicals were manufactured in Alabama and Illinois. The justices ruled that selling a toxic substance that eventually contaminates Vermont classrooms constitutes a “release” in Vermont. This establishes “supply-chain liability,” preventing companies from outsourcing environmental responsibility.
  2. Medical Monitoring: The court addressed the issue of medical monitoring for individuals exposed to PCBs. Vermont’s medical monitoring law (12 V.S.A. § 7202) took effect on July 1, 2022. The court ruled that this law cannot be applied retroactively to people whose exposure ended before that date. This creates a distinction: current students, teachers, and staff who were in contaminated buildings after July 1, 2022, may be eligible to join a class action for medical monitoring, requiring Monsanto to pay for regular health screenings. Former students and those who left before July 1, 2022, would need to prove actual physical injury in a traditional personal injury lawsuit.

What This Means for Vermont Families

This ruling has significant implications for Vermont families affected by PCB contamination:

  • Hope for Current Students and Staff: Those currently in schools with PCB contamination after July 1, 2022, have a clearer path to medical monitoring, ensuring they receive the necessary screenings and care.
  • Challenges for Former Students: Former students and staff who left before July 1, 2022, face a higher legal hurdle, needing to demonstrate a direct link between PCB exposure and specific health problems.
  • Uncertainty for Untested Schools: The fate of individuals in schools that haven’t been tested remains uncertain, highlighting the urgent need for comprehensive testing and remediation efforts.

Monsanto’s Responsibility: A History of Negligence

Monsanto, now owned by Bayer, was the primary manufacturer of PCBs in the United States from 1935 to 1977. Internal documents have revealed that Monsanto knew about the dangers of PCBs as early as 1937 but continued to produce and market them for decades. This knowledge, coupled with the widespread contamination of schools and other public spaces, has led to a wave of lawsuits against the company.

Taking Action: What You Can Do

If you are concerned about PCB exposure in Vermont schools, here are steps you can take:

  1. Check Your School’s Status: Find out if your school has been tested for PCBs and what the results were. The Vermont Department of Environmental Conservation has a list of schools and their testing schedules.
  2. Contact Your School District: Express your concerns to school officials and demand action to address PCB contamination.
  3. Consult a Medical Professional: If you or your child have health concerns that you believe may be related to PCB exposure, seek medical advice.
  4. Seek Legal Counsel: If you have been exposed to PCBs and have suffered health consequences, contact a qualified attorney to discuss your legal options.

The Fight for Safe Schools Continues

The Vermont Supreme Court’s ruling is a significant step forward in holding Monsanto accountable for the harm caused by PCB contamination. However, the fight for safe schools is far from over. Continued vigilance, advocacy, and legal action are needed to ensure that all Vermont students and staff have access to healthy and safe learning environments.

Have you or a loved one been affected by PCB exposure in a Vermont school? Contact us today for a free consultation to discuss your legal rights and options.