State of Delaware v. Monsanto Company

Summary

The court held that Delaware's environmental public-nuisance and trespass doctrines do not categorically exclude claims involving products sold to third parties or require the manufacturer to control the product when the contamination occurs. The State sufficiently alleged that Monsanto substantially participated in creating the nuisance and causing trespass on directly owned State land, but lacked exclusive possession to pursue trespass claims concerning land held in public trust. The court also held that the Superior Court had jurisdiction over standalone unjust-enrichment claims, but the State failed to plead an unjust-enrichment basis for recovering cleanup costs. The judgment was therefore affirmed in part, reversed in part, and remanded.