Kyle Howe
NC State filed a lawsuit Wednesday morning in the Wake County Superior Court against chemical company Monsanto, alleging responsibility for polychlorinated biphenyl (PCB) contamination in Poe Hall, which has remained vacant for nearly two years.
In an email sent at 12:38 p.m. to students and faculty, NC State officials said the lawsuit was prompted by Monsanto’s manufacture and marketing of PCB-containing mixtures used in Poe Hall’s construction.
“This lawsuit is about responsibility and accountability for the cleanup of this building so we can get our students, faculty and staff in the College of Education back to learning and working in the heart of Central Campus,” the statement read.
PCBs, which were widely used in building materials, were banned by Congress in 1978 due to their persistence in the environment and living organisms, and potential health risks, including cancer. Poe Hall was constructed and completed in 1971.
Preliminary investigations revealed PCBs in Poe Hall’s building materials, air and dust, some at levels exceeding federal safety regulations, which has put the building on course for extensive remediation and potential demolition.
The lawsuit seeks indemnification from Monsanto against any future personal injury claims related to PCB exposure, after WRAL linked hundreds of individuals with cancer diagnoses to Poe Hall.
Following federal guidance, NC State said it will not delay remediation efforts for the litigation process.
“We do not intend to wait for the lawsuit to conclude, which could take years, before proceeding with remediation at Poe Hall,” the statement read. “A vacant, PCB-contaminated building should not sit idle on campus indefinitely, and our instructions from the U.S. Environmental Protection Agency are to proceed with remediation.”
The university is awaiting a full report from the National Institute for Occupational Safety and Health (NIOSH) regarding health concerns linked to the contamination and has pledged to keep the campus community informed.
Monsanto, now a subsidiary of Bayer AG, is accused in the lawsuit of knowingly marketing and supplying PCB products without adequate warnings about their toxicity and environmental persistence, despite internal knowledge of known risks.
NC State is seeking damages to cover investigation, monitoring, planning, regulatory engagement, abatement and remediation, demolition, PCB waste disposal and replacement construction, remediation, testing, demolition, as well as punitive damages due to the alleged willful and wanton conduct — or the disregard of the safety of others — by Monsanto.