An en banc panel of the Commonwealth Court reviewed preliminary objections in an environmental action filed by the state against Monsanto and its successors for public nuisance, trespass, design defect, failure to warn and instruct, negligence, and unjust enrichment for the company’s PCB contamination of the state’s waters. In an 84-page opinion, the Court ruled that the state and its agencies had jurisdiction to bring this suit because it has parens patriae standing and trustee standing. The Court otherwise overruled the preliminary objections to public nuisance, design defects, failure to warn and instruct, negligence, continuing duty to warn and/or correct and remediate damage purportedly caused by their conduct, and damages. The Court sustained the preliminary objections to trespass, unjust enrichment.
