NC State has filed a lawsuit against chemical giant Monsanto over toxic chemicals found at the university’s Poe Hall building.
In 2023, Poe Hall, which housed the College of Education and Department of Psychology was shut down after tests detected high levels of Polychlorinated biphenyls (PCBs), a chemical widely used in construction until it was banned in the US in the late 1970s.
The lawsuit, filed in Wake County, 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.”
The suit seeks hundreds of millions in remediation costs for the building, plus punitive damages and legal fees, while also holding Monsanto liable for any future personal injury claims. NC State has already faced legal challenges over the PCB exposure from students and employees.
“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 states. “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 University Chancellor Kevin Howell said in a press release that this is about accountability.
“Since I joined as chancellor in May, a vacant, contaminated instruction hall that has caused much concern and worry for many has been sitting idle and must be remediated,” write Howell. “This lawsuit is about responsibility and accountability for the cleanup of this building so we can get our students back to learning. In the meantime, along with concerned students, faculty and staff, we eagerly await the results of the pending NIOSH report.”
Built in 1971 before the federal ban on PCBs, Poe Hall was constructed with materials containing the chemicals. Environmental testing in both 2023 and 2024 found PCB levels in the building’s HVAC system materials that exceeded EPA standards.
A spokesperson for Monsanto provided the following statement to the Carolina Journal in an email: “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.”
UNC System President Peter Hans applauded the university for taking legal action.
“This legal action is just the right thing to do, and I applaud NC State for taking this step. 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,” said Hans.
Engineers say fixing Poe Hall will require the building to be almost entirely torn down and rebuilt. Rather than wait for the lawsuit to play out, NC State has already started remediation efforts. Officials say the work is necessary to comply with federal law and ensure the contaminated building does not sit idle in violation of EPA standards.
This article has been edited to add a statement from Monsanto.