Skip to Content
Network for Public Health Law
Monitoring Property and the Built Environment

Bard v. Monsanto Co.

by

Overview

Bard v. Monsanto Co. (Court of Appeals of Washington, Division 1, November 2, 2020): The appellate court found that the explicit purpose of Washington Revised Code § 43.20.050, authorizing the state board of health to adopt regulations regarding environmental conditions in public facilities, did not imply a cause of action for failure to enforce such regulations. A group of students, parents, teachers, and staff alleged that serious toxic chemical exposure injuries were sustained at Sky Valley Education Center. They sued Snohomish Health District, arguing that § 43.20.050 created an implied cause of action. The court concluded that (1) the statute does not specifically protect people in schools; (2) the legislature did not intend to imply a cause of action; and (3) implying a cause of action was unwarranted by the statute’s general purpose of protecting public health. Read the full decision here.

View all cases in the Judicial Trends in Public Health – February 16, 2021.

View all cases under “Monitoring Property & the Built Environment.”