Judicial Council Coordination Proceedings 4435 - TPC Cases CA4/2

INTRODUCTION

In the decades between the 1940’s and the 1980’s, Redlands farmers used soil

fumigants, or nematicides,1 on their agricultural crops. TCP2 and DBCP3 are two

chemical compounds contained in the products, D-D and Nemagon, manufactured by Shell

Oil Company (Shell). DBCP was banned in 1977. TCP was withdrawn from use after

1984. DBCP was found in Redlands wells in 1986 and TCP was detected in 2002.

In 2004, the City of Redlands (City) sued Shell, Wilbur-Ellis Company (Wilbur-

Ellis), and other defendants for allegedly contaminating the City’s wells and water supply.

The City contended Shell was on notice of the dangers to Redlands groundwater posed by

TCP and DBCP. Shell argued the trace levels of TCP and DBCP found in Redlands wells

were not hazardous, that the City represented its water was safe for consumers, and that

any TCP contamination came from a nearby Lockheed aerospace facility. Wilbur-Ellis

1 Nematodes are microscopic worms that infest plant roots and inhibit crop production.

1,2,3-Trichloropropane. 3 1,2-dibromo-3-chloropropane.

2 contended there was no admissible evidence it was a wholesaler supplier of Shell soil

fumigants in…