Dozens of Vermont school districts have sued chemical giant Monsanto over toxic contamination in educational buildings from now-banned industrial chemicals known as PCBs.
Last year, Vermont became the first state in the country to require older schools get tested for polychlorinated biphenyls, which were used in building materials and electrical equipment before 1980.
More than 90 school districts filed the complaint on Friday in federal court. They’re seeking to recover costs and damages because, under Vermont’s law, schools with high-enough contamination levels must reduce exposure. Removing the PCBs will be expensive, and certain districts may have to demolish buildings and replace them with new ones — which in total could cost them “hundreds of millions, if not billions, of dollars,” the lawsuit says.
The PCBs are present in the school buildings from caulking and glazing compounds, sealants, adhesives, and other construction materials.
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Monsanto said the case has no merit and that “third party companies, not Monsanto” produced the PCB-laden materials used at the schools.
“Monsanto never manufactured, used or disposed of PCBs in Vermont and has not manufactured these products for more than 45 years,” the company said in a statement late Monday. Monsanto is now owned by Bayer, the pharmaceutical and biotechnology company.
The company is also seeking an emergency hearing and the preservation of evidence. Monsanto wants the districts to let it participate in environmental testing and PCB-source identification, and to document and observe the remediation work.
PCBs were used in building materials and electrical equipment like transformers, capacitors and fluorescent lighting ballasts. The U.S. Environmental Protection Agency banned manufacturing and certain uses of them in 1979 over concerns they could cause cancer and other illnesses, according to the Vermont Department of Environmental Conservation.
A 2019 Associated Press investigation found that millions of fluorescent light ballasts containing PCBs probably remain in schools and day care centers across the U.S. — four decades after the chemicals were banned.
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The chemicals can be released into the air and students and staff can be exposed by breathing in dust or vapors containing them; getting dust on their hands and then consuming it while eating or drinking; and having skin contact with materials that contain the chemicals, according to the department.
PCB contamination forced an entire Vermont high school to move into a closed department store in downtown Burlington, where students have taken classes since March 2021 while the old school is being demolished. The store connected to a now-closed mall underwent a $3.5 million retrofit supported by the state.
Two years ago, three teachers in Washington state who sued Monsanto over exposure to PCBs in fluorescent lights were awarded $185 million. The teachers, who worked at the Sky Valley Education Center in Monroe, Washington, said they suffered brain damage from exposure to PCBs in the fluorescent lighting at the school.
The Vermont attorney general also sued Monsanto last month over PCB contamination in Vermont’s schools and natural resources. The chemicals are highly persistent and continue to circulate in Vermont’s waters and other natural resources, and have accumulated to dangerous levels in sediment, wildlife and fish, according to the lawsuit. Vermont has a fish consumption advisory for all of Lake Champlain and the Hoosic River because of the contamination, the lawsuit states.
Monsanto also said that lawsuit had no merit for the same reasons it cited in the school districts’ case.
PEACHAM, Vt. — The last thing John and Jenny Mackenzie saw as they fled their Vermont home with their daughters, dog and two guinea pigs last summer was their cars upended and propelled away by rushing flood waters.
Minutes earlier they had abandoned their 19th-century wood-frame house as the remnants of Hurricane Beryl turned it into an island engulfed by surging flood waters, with trees slamming into it and water gushing at colossal speed into the basement and first floor.
“It was just like it was a horror movie at that point,” John Mackenzie said of the surreal scene on that July 10 night.
“We lost both of our vehicles, our home and our barn and at least half of our possessions,” Jenny Mackenzie said.
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Since that terrifying storm when two people died swept away in vehicles, the Mackenzies, both teachers, and their twin daughters have been living temporarily in a friend’s house. They have scrambled to figure out something permanent, a daunting task in a state with a housing shortage and when government programs to buy out flood-destroyed homes can take a year or more and are not guaranteed.
But four months after the devastating loss, the family is writing a new chapter.
Donations from friends, family and others in their community have helped the Mackenzies find a new house in time for Thanksgiving, giving them hope amid ongoing challenges. The Associated Press is following them through their recovery.
Community rallies to help flood-stricken family
The Mackenzies quickly learned how much support they had.
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Two days after the storm, dozens of volunteers showed up to help salvage what they could. Floodwaters had reduced the lawn to a muddy chasm; their septic system was destroyed.
In the rain, volunteers carried furniture and other belongings across a gulch to waiting all-terrain vehicles, which drove them on dirt roads to the village where the family is staying.
Friends set up an online fundraising page that has raised over $160,000. Over 950 donations have come in, some from former students, ranging from $5 to $10,000.
“It’s unbelievable the way that we were supported and we’ve been trying to find ways to communicate that gratitude,” said John Mackenzie, 49.
The donations allowed them to buy used vehicles, keep teaching and carry on with life, his 50-year-old wife said. As much as the money, it means a lot that people were thinking about them, she said.
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“It doesn’t make them whole, all of the damage that they experienced, but yes that’s an amazing amount and I think it speaks to the community that’s around them and how well loved they are,” said Cara Robechek, who helped start the fundraising effort.
“They’re both teachers. They are sort of deeply embedded in a lot of communities.”
An uncertain future
The Mackenzies owned their two-story house, built in 1840 with clapboard siding painted sage green, for 21 years. They raised their 16-year-old daughters, Lila and Kate, there.
“We’re already aware that for us losing the home after 21 years is huge but this is the only home they ever knew,” John Mackenzie said of their girls. “We want to recreate a new home.”
The Mackenzies applied for a buyout and wanted to stay in Peacham, but housing costs in the town of 700 have soared and are out of reach, they said.
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As of this fall, about 250 households have applied for buyouts, most both federally and state funded, from the severe flooding in early July and later that month that hit parts of central and northern Vermont, according to the state.
Once a buyout application is complete, it can sit in review with the Federal Emergency Management Agency for up to a year, said Stephanie Smith, the state hazard mitigation officer with Vermont Emergency Management.
The Mackenzies got another setback last week when they learned their property may not be eligible for a FEMA buyout, although Smith said Monday the state is working to make it eligible. The Mackenzies have to provide more detailed information, including receipts from repair work done after a previous flood. But they lost much of that paperwork in this summer’s storm, Jenny Mackenzie said.
If FEMA funding falls through, Smith said the state will review the Mackenzies’ case for a state buyout program early next year.
“The reality is that we won’t be able to afford to stay in this house that we’ve bought unless that buyout goes through,” Jenny Mackenzie said.
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Climate change fuels stronger storms
The flooding came exactly a year after catastrophic floods hit areas of rural, mountainous Vermont, including the capital, Montpelier. Some northern communities were pummeled twice by the severe flash flooding this July.
Experts say Vermont could see more frequent catastrophic events like these, with climate change fueling stronger storms and striking Vermont villages situated along the Green Mountains’ rivers and streams.
Donations help family buy a new home
Unable to find an affordable house in Peacham, the Mackenzies made the difficult decision to look elsewhere. In late September, they put down an offer on a house in Craftsbury, about 30 miles away. The commute to St. Johnsbury Academy where they both teach English and their daughters go to school is about 50 minutes compared to the 20 minutes they used to drive. They plan to move in mid-winter.
The white clapboard farmhouse with a red door — also built in 1840 — reminds them of their Peacham home.
After the sale closed, Jenny Mackenzie bought a trowel — “I didn’t have one anymore,” she said — and planted about 100 daffodils that a friend rescued from the family’s flooded house. Another friend gave her more. Jenny Mackenzie usually plants 500 a year.
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“It felt good to get in a few because that will really make us feel like home,” she said as their German shorthaired pointer, Hester, ran around her new grounds.
A friend is reupholstering their flood-damaged rocking chairs and couch. The family’s antique piano, built in 1895, could not be saved; it’s the only thing remaining at the old house.
The Mackenzies would not be where they are without the financial and other support of friends and family.
“There’s no way we could have done that prior to a buyout,” Jenny Mackenzie said of paying off the mortgage on the old house, as well as a government loan from previous flood damage, and then buying a new house. “Even now it’s financially precarious.”
The family has learned through this experience to open themselves up to everything — to suggestions about where they might relocate, to kindness, to community, John Mackenzie said.
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There were moments, initially, when it was hard to accept that kind of generosity and the loss of some privacy around money, he said. But it’s helped to know he would donate if there were another family in need, and he and his wife are incredibly grateful.
Gov. Phil Scott has named four people to serve on the Vermont Superior Court bench.
The new judges are Bonnie Badgewick of Woodstock, Dana DiSano of South Burlington, Timothy Doherty of Burlington, and Laura Rowntree of South Burlington, the governor’s office announced Wednesday in a press release.
“I have always believed making judicial appointments is one of the most important responsibilities a governor has, because judges have the enormous duty of interpreting the law and upholding justice,” Scott said in the release. “I believe Bonnie, Dana, Timothy, and Laura will be fair, thoughtful, and serve Vermonters well in their new roles.”
The appointees are expected to be sworn in in the coming weeks.
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According to information supplied by the governor’s office:
Badgewick has worked in private practice for more than two decades. She had primarily focused on litigation in civil and administrative fields. She currently serves as vice-chair of the Professional Responsibility Board and is president of the Vermont Bar Foundation.
DiSano has over 14 years of legal experience, currently serving as a prosecutor in the criminal division of the Vermont Attorney General’s Office. She most recently has served as a prosecutor for the Vermont Internet Crimes Against Children Task Force.
Doherty, with more than 20 years of legal experience, has been a partner in the law firm Downs Rachlin Martin handling both criminal and civil matters. He previously served as an assistant U.S. attorney in Vermont. He currently serves on the Burlington City Council.
Rowntree has worked in the Vermont Attorney General’s Office since August 2018, where she became chief of the civil division in April 2022. Before her time in that office, Rowntree worked as associate attorney for two law firms in New York City and as an assistant corporation counsel at the New York City Law Department.
If you were asked what makes Vermont home, what would you say?
Is it the postcard-perfect landscapes? The simple moments shared with family—hiking the trails or gathering around the dinner table? Or perhaps something deeper—a sense of belonging and how Vermonters come together in hard times?
Every act of kindness reflects the countless reasons Vermont holds a special place in our hearts. And yet, knowing how to give back in a state so rich in character and opportunity is not always easy. At the Vermont Community Foundation (VCF), we’re honored to work with over 1,000 individuals, families, and businesses to bring their love of Vermont to life through their giving. Through that work, we’ve learned that philanthropy is a powerful tool for improving lives and building resilient, thriving communities for the future.
Getting started on the path of giving can feel overwhelming, but it doesn’t have to be. The Vermont Giving Guide is here to help you reflect on what matters most to you, discover meaningful giving opportunities, and take steps toward making a difference in ways that resonate with you.
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What the Guide Offers:
This guide is an ode to Vermont—from the serene, maple-lined roads of the Northeast Kingdom to the artistic, community-driven initiatives of Brattleboro, from the historical richness of Montpelier to the tranquil shores of Lake Champlain. It’s about connecting you with the soul of our state through your philanthropy.
Personal Giving Exercises: Clarify your giving goals with thoughtful exercises designed to align your values with actionable giving strategies and tools.
Stories of Impact: Learn how donors like you are nurturing our state’s natural beauty, culture, and community.
Giving with Purpose: Explore Vermont’s most pressing opportunities, from housing and mental health to climate resilience and education.
Download the Vermont Giving Guide today and explore how, together, we can make Vermont stronger, more resilient, and more connected than ever.