Delaware can move forward with part of its case challenging Monsanto’s role in contaminating the state’s land and waters with forever chemicals, the Supreme Court ruled Thursday.

The opinion by Chief Justice Collins J. Seitz Jr. clarifies Monsanto didn’t pass all liability for public nuisance and trespass claims on to the third parties it sold polychlorinated biphenyls (PCBs) to, stating the fact that the “forever chemicals” only appeared on and affected Delaware land after Monsanto sold them to other parties doesn’t mean Monsanto wasn’t involved enough in their distribution to be held responsible in court.

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