Chemical manufacturer and seller may be liable for public nuisance and trespass when they know that chemical causes environmental harm but continue to sell it anyway

The Delaware Supreme Court has held that Monsanto (the manufacturer and seller of PCBs) can be held liable for public nuisance and trespass when it knew PCBs caused environmental harm but continued to sell them anyway. State ex rel. Jennings v. Monsanto Co., 299 A.3d 372 (Del. 2023). While the trial court had held that Delaware did not recognize nuisance claims against product manufacturers or sellers, the supreme court reversed since the company had actively misled its customers and the public as to the dangerousness of the chemicals it was selling.