NC State University has filed a lawsuit against Monsanto, the chemical giant, over the presence of toxic chemicals discovered in Poe Hall nearly two years ago.
Monsanto, which was acquired by Bayer in 2018, was the sole manufacturer of polychlorinated biphenyls, or PCBs, in the United States from roughly 1930 to 1977. The chemicals were commonly used in industrial and commercial building materials during that time. In 1979, the U.S. banned the production of PCBs because of the harms they pose to human and environmental health.
Poe Hall, which housed the College of Education and the psychology department, was constructed in 1971.
NC State’s 78-page lawsuit, filed in Wake County court, alleges that Monsanto “marketed PCB mixtures to the building industry while representing them as non-toxic and non-volatile, despite internal knowledge dating back decades that PCBs are toxic, persistent, and prone to migrate and contaminate indoor environments.”
“Monsanto never advised NC State or the public that its PCB products would inevitably leach, leak, off-gas, emit, discharge, and release PCBs, particularly in such a manner that requires remediation despite being used for their ordinary and intended use,” the lawsuit reads. “Had Monsanto adequately warned NC State prior to construction of Poe Hall, NC State would not have allowed the use of building materials with PCBs in the construction process.”
NC State is seeking damages — which could amount to hundreds of millions of dollars — to cover the costs required to remediate Poe Hall, as well as other punitive damages and attorneys’ fees. The university is also seeking to have Monsanto assume responsibility for any liabilities incurred from the personal injury claims of those who worked in the building, though the lawsuit states NC State does not allege or concede anyone “has sustained personal injury as a result of exposure at Poe Hall.”
UNC System President Peter Hans supported the action.
“This legal action is just the right thing to do, and I applaud NC State for taking this step,” Hans said in a statement. “Countless people are understandably fearful and concerned and the University and taxpayers face at least a nine-figure bill. This lawsuit is about assigning accountability and responsibility where it properly belongs.”
A spokesperson for Monsanto issued this statement Wednesday: “The Company believes these claims lack merit and will respond in court in due course. Monsanto discontinued its production of bulk industrial PCBs nearly five decades ago, conducted hundreds of studies on PCB safety, and provided appropriate warnings to its sophisticated industrial customers based on the state-of-the science at the time.
“Furthermore, any PCB-containing building products used in Poe Hall or other buildings on campus were manufactured, sold and installed by sophisticated third-parties, and maintained by the University.”
Building has been closed for nearly two years
NC State officials first closed Poe Hall in November 2023, citing preliminary test results that showed the presence of PCBs on various surfaces throughout the building.
Last summer, additional test results from the building showed that the PCBs originated — as university leaders had said was likely the case — from the HVAC system. But the results also showed that levels of the chemicals in the air, where they pose the greatest health risks, were found to be below exposure levels recommended by the EPA for school environments.
Still, federal regulations require any materials with concentrations of PCBs higher than 500 parts per million to be removed from buildings once they are discovered. The early-June test results last year showed PCB materials in the building had concentrations ranging from 0.91 to 53,000 parts per million.
Weeks after the university shared those results, then-Chancellor Randy Woodson said university officials had decided to remove the HVAC system and other building materials to remedy the presence of the toxic chemicals.
On Wednesday, an NC State news release said “engineering analyses indicate full remediation requires Poe Hall to be almost completely demolished and rebuilt.”
The release stated the university would continue with remediation despite several personal-injury attorneys threatening “to seek a court order” preventing NC State from doing so. The university previously allowed attorneys into the building to conduct sampling and take photos and video, the release noted.
“The suit filed today seeks damages from Monsanto to fund that remediation, but NC State does not intend to wait for the suit to conclude before proceeding,” the release read. “The university has begun that process to comply with federal regulations.”
An evaluation of the building by the National Institute for Occupational Safety and Health, which could determine whether exposure to toxic chemicals in the building was responsible for employees’ illnesses, such as cancer, has resumed after it briefly ended due to job cuts at the U.S. Department of Health and Human Services, which houses NIOSH.
NC State Chancellor Kevin Howell, who assumed his role in May, said in a statement that the vacant, contaminated building “has caused much concern and worry for many” and “has been sitting idle and must be remediated.”
“This lawsuit is about responsibility and accountability for the cleanup of this building so we can get our students back to learning,” Howell said. “In the meantime, along with concerned students, faculty and staff, we eagerly await the results of the pending NIOSH report.”
There is precedent for successfully suing Monsanto over PCBs. Three years ago, the company settled with the state of Oregon for nearly $700 million over Monsanto’s alleged role in polluting the state over multiple decades.
North Carolina lawmakers also have shown interest in helping the university fix the issues in Poe Hall, earmarking millions of dollars last year for the rehabilitation and renovation of the building.