A settlement with Monsanto Co. and its affiliates, Solutia Inc. and Pharmacia LLC, resolves claims against these companies for contamination caused by polychlorinated biphenyls (PCBs) in Hawaiʻi’s waterways and natural resources.
“Monsanto manufactured and sold polychlorinated biphenyls for decades, and the negative environmental consequences of these chemicals continue long after their production ended,” said Attorney General Anne Lopez. “This settlement holds Monsanto accountable for PCB contamination in Hawaiʻi and secures significant resources for our state.”
The settlement guarantees an initial payment of $10 million to be paid to the state of Hawaiʻi on or before Oct. 31, 2026. The settlement could also provide the state with an additional $35 million.
The additional amount will depend on the outcome of an indemnity action currently being pursued by Monsanto and its affiliates against various historic PCB purchasers. The contingency guarantees an additional payment between $11.55 million and $35 million to the state, depending on the outcome and timing of Monsanto’s related indemnity action.
“Monsanto has reached a settlement agreement with Hawaiʻi to resolve all claims relating to polychlorinated biphenyls, a legacy product the Company voluntarily ceased producing in 1977. The settlement contains no admission of liability or wrongdoing by the Company,” said a spokesperson with Monsanto in a statement. “Under the terms of the agreement, Monsanto will make an upfront payment of$10 million to Hawaii in 2026. The settlement includes an additional contingency payment within five years that is tied to Monsanto’s efforts to enforce its indemnity rights against its largest former PCB customers.”
PCBs are synthetic organic chemical compounds that were manufactured, marketed, sold, and distributed by Monsanto and its affiliates in the United States from approximately 1929 to 1977. Monsanto Co. was the sole manufacturer of PCBs in the United States from the 1930s through the 1970s.
During that period, it became known that PCBs could not be effectively contained within the products in which they were used, but instead were released into the environment, including water, soil, and air, where they can persist for decades and accumulate in plants and animals.
Production and, with limited exceptions, use of PCBs was prohibited in the United States in 1979, under the federal Toxic Substances Control Act, enacted by Congress.
“Chemicals such as polychlorinated biphenyls, that bioaccumulate and persist in the environment long after they have been released, impact our health and natural resources in ways that can be very difficult to remedy,” said Deputy Attorney General Wade H. Hargrove III, the lead attorney representing the state in this matter. “This settlement is part of an ongoing effort to undo that harm.”
Protecting Hawaiʻi’s environment and natural resources through enforcement of state law has been a priority for Attorney General Lopez.
In 2023, the department filed a lawsuit against 25 manufacturers of products containing per- and polyfluoroalkyl substances (PFAS) seeking to hold the companies responsible for alleged contamination of Hawaiʻi’s groundwater and soil.
This settlement with Monsanto and its affiliates continues the department’s efforts to hold companies accountable for environmental contamination affecting the state.
