California Court Holds that Cities Have No Property Right in Stormwater
Three public-water-system-operating California cities brought suit in the Northern District of California against Monsanto alleging that Monsanto’s manufacture and sale of PCB-containing products from the 1930s through the 1970s caused pollution that increased the cities’ cost and ability to comply with federal stormwater discharge regulations for discharge into the San Francisco Bay. Monsanto sought to dismiss the claims and in City of San Jose v. Monsanto Company, Nos. 15-3178, 15-5152, & 16-0071 (N.D.CA. Aug. 22, 2016), the United States District Court for the Northern District of California granted the motion, but allowed the municipalities to amend their complaints as to their nuisance causes of action.
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