San Diego Unified Port District v. Monsanto Company

I. BACKGROUND

26 On March 13, 2015, Plaintiffs San Diego Unified Port District (the “Port District”) 27 and the City of San Diego (the “City”) initiated this action by filing a Complaint. (ECF No. 28 1). On August 3, 2015, the Port District and the City filed separate First Amended Complaints against Defendants Monsanto Company, Solutia Inc., and Pharmacia Corporation (collectively, “Monsanto”). (ECF Nos. 24, 25). In its First Amended Complaint (“FAC”), the Port District brings claims against Monsanto for public nuisance, equitable indemnity, and purpresture relating to the alleged contamination of San Diego Bay (the “Bay”) from polychlorinated biphenyls (“PCBs”) manufactured by Monsanto. (ECF No. 25). The Port District alleges that Monsanto, the sole manufacturer of PCBs in the United States from 1935 to 1979, knew PCBs presented a health risk and “were causing widespread contamination of the environment.” (Id. ¶ 40). The Port District alleges that Monsanto promoted the use and sale of PCB compounds despite this knowledge and “instructed its customers to dispose of PCB containing material in local landfills,…