Document zdL7xg5VO3R1VvxddqKgmDnw7

1 1 MONTANA TENTH JUDICIAL DISTRICT COURT 2 FERGUS COUNTY 3 Cause No. DV-2004-55 4 5 MARTY PAULSON, WILLIAM J. HAUGEN, HARRY FELTON, ) 6 RAY ROBISON and WARD BURLEIGH, President; ) 7 BURLEIGH ANGUS RANCH, INC., Individuallyand ) 8 For all Persons Similarly Situated, ) 9 Plaintiffs, ) 10 11 V. 12 13 MONSANTO CHEMICAL COMPANY n/k/a PHARMACIA, ) ) ) 14 MONTANA DEPARTMENT OF FISH, WILDLIFE AND PARKS, ) 15 and JOHN DOE PAINT COMPANIES and DISTRIBUTORS I ) 16 through X, ) 17 Defendants. ) 18 19 Deposition of MICHAEL ANTHONY PIERLE, taken 20 July 10th, 2006 by the Plaintiffs, at the Antler 21 Motel, 43 West Pearl, Jackson, Wyoming. 22 23 24 JACKSON HOLE COURT REPORTING 25 307 733-2637 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46444 1 APPEARANCES 2 For the Plaintiffs: 3 TORGER S. OAAS 4 Post Office Box 76 5 Lewistown, Montana 59457 6 7 8 For the Defendants: 9 ADAM MILLER 10 HUSCH & EPPENBERGER 11 190 Carondelet Plaza, Suite 600 12 St. Louis, MO 63105 13 14 CATHERINE A. LAUGHNER 15 BROWNING, KALECZYC, BERRY & HOVEN 16 P.O. Box 1697 17 Helena, MT 59624 18 19 STEPHEN R. BROWN (Telephonic) 20 GARLINGTON, LOHN, ROBINSON 21 P.O. Box 7909 22 Missoula, MT 59807 23 24 25 2 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46445 1 MAXON R. DAVIS 2 DAVIS, HATLEY, HAFFEMAN & TIGHE 3 P.O. Box 2103 4 Great Falls, MT 59403 5 6 7 WITNESS INDEX Examination by Mr. Oaas Page 4, 50 9 Examination by Mr. Miller Page 41, 51 10 11 EXHIBIT INDEX 12 Exhibit Reference 13 #1 (Solutia Web site, Monsanto Pledge) Page 13 14 #2 (Monsanto Policy Statement) Page 28 15 #3 (The Monsanto Pledge) Page 41 16 17 18 19 20 21 22 23 24 25 3 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46446 1 Jackson, Wyoming, July 10th, 2006, 8:00 a.m. 2 3 MICHAEL ANTHONY PIERLE, 4 a witness herein, being first duly sworn, testifies 5 as follows: 6 7 EXAMINATION BY MR. OAAS: 8 Q. Would you state your name please. 9 A. Michael Anthony Pierle. 10 Q. Would you spell your last name please. 11 A. P-i-e-r-l-e. 12 Q. Mr. Pierle, we met just shortly before the 13 deposition. I'll introduce myself again for the 14 record. My name is Torger Oaas. And I'm an 15 attorney in Lewistown, Montana. I represent the 16 plaintiffs in this suit that's been certified as a 17 class action in Fergus County, Montana, in which 18 Monsanto or Pharmacia/Monsanto -- and I'll just 19 refer to those entities just as Monsanto, if that's 20 all right with you? 21 A. Monsanto and who? 22 Q. Pharmacia. 23 A. Pharmacia. 24 Q. Is one of the defendants. And so you know 25 that, and I don't know what you know about that 4 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46447 1 particular case. But I just want to make sure you 2 are the person being produced by Pharmacia/Monsanto 3 pursuant to Rule 30(b)(6) on the Monsanto Pledge. 4 MR. OAAS: Is that correct? 5 MR. MILLER: That's correct. 6 MR. OAAS: And just for the record there 7 isn't an attorney here for the Montana Department 8 of Fish, Wildlife and Parks. They have indicated 9 to me that they're not going to appear at this 10 deposition. And Steve Brown, the attorney 11 representing Columbia, is appearing by conference 12 call. 13 Can you hear us, Steve? 14 15 Discussion off the record. 16 MR. OAAS: Let me put on the record we 17 tried to get Steve Brown, but we couldn't. We 18 hooked up the phone, but it wouldn't work. 19 MR. MILLER: I confirm that. I saw 20 every piece of that effort, Herculean. 21 Q. (BY MR. OAAS) Mr. Pierle, would you state 22 your address and occupation please. 23 A. My address is 770 Gulf Shore -- that's two 24 words -- Gulf Shore Drive, Unit 701, Destin, 25 Florida 32541. Currently I am retired from Solutia 5 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46448 1 and formally Monsanto, and I'm doing some 2 consulting work at this time under my company, 3 Pierle Consulting, Incorporated. 4 Q. Mr. Pierle, why don't you just give us a 5 rundown of your employment history after you 6 finished your formal education. 7 A. After graduating with a bachelor's degree in 8 1966 I began working at Monsanto Company at a plant 9 in Illinois. And I stayed with Monsanto and then 10 Solutia until retiring in 1999. I spent part of my 11 time working at a plant in New Jersey and the 12 balance of the time working at corporate 13 headquarters in St. Louis. For one year during 14 that period I did work as a loaned executive to the 15 Department of Commerce in Washington DC. 16 Q. Okay. Would you describe just generally, 17 and if you can in a chronological fashion, the 18 course of employment with Monsanto and then Solutia 19 during that period of time in reference to what 20 your job duties and responsibilities are? 21 22 Mr. Brown joins deposition via phone. 23 24 A. Certainly. As I indicated I began work in 25 1966 at a plant in Illinois and I joined what was 6 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46449 1 basically their environmental group at that plant 2 site. And I worked at that plant for about five 3 years. Our roles were primarily monitoring various 4 air and water streams, reporting to state agencies 5 predominantly at that point in time, and 6 supervising a waste water treatment plant that had 7 been built for that and other facilities in the 8 area. 9 In 1970 I moved to New Jersey and had very 10 similar responsibilities at a smaller plant in 11 southern New Jersey. Again I was the only -- at 12 this point the only person in the environmental 13 group doing sampling work, analytical work, 14 regulatory work. And our main focus there was 15 working on a project for expanding treatment 16 systems for water pollution effluence. I worked 17 there until mid 1974. 18 And at that time I took a year leave of 19 absence to go to work at the Department of Commerce 20 in Washington DC. That job was working in an 21 office of environmental affairs that was 22 principally responsible for reviewing EPA 23 regulations and other federal agency reports under 24 the National Environmental Policy Act. 25 In mid 1975 I returned to Monsanto in St. 7 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMON0046450 1 Louis. My title I think was Manager of 2 Environmental Protection in one of the operating 3 units of Monsanto basically within the chemical 4 manufacturing side of Monsanto. I stayed in that 5 position until late 1979 I believe it was, and I 6 joined the Monsanto, Monsanto's corporate 7 environmental staff as a director of regulatory 8 matters for water. 9 And over the next, from 1980 to 1991 I held 10 various corporate staff jobs in water and air 11 pollution, solid waste, Superfund site clean-up. 12 In the late '80s the company was sort of 13 internally reformulated and I was the head 14 environmental person in the Monsanto Chemical 15 Company. And in 1991 I took the position at 16 corporate level of Vice President of Environment, 17 Safety and Health and stayed in that position 18 basically until I retired. I held that to Monsanto 19 until Solutia was spun off in 1977 and then stayed 20 in that position -- I'm sorry, 1997, and stayed in 21 that position at Solutia until retiring. 22 Q. That was in 1999? 23 A. Yes. 24 Q. Can you tell me what basically you've been 25 doing as far as work goes following your 8 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46451 1 retirement? 2 A. Following retirement I have done some 3 consulting work that was principally in the area of 4 site assessments in the role of due diligence 5 during the business transactions and some 6 deposition work for Monsanto, Solutia, Pharmacia. 7 Q. I think I've seen some of your depositions. 8 And correct me if I'm wrong, but I think you were 9 deposed in some of the, I'll just refer to them as 10 the Anniston cases. 11 A. That's correct. 12 Q. You'll know what I'm referring to when I say 13 the Anniston cases? 14 A. Yes. 15 Q. What would that be? Just for the record 16 what was going on in Anniston? 17 A. The Anniston depositions were principally 18 around issues related to PCB, polychlorinated 19 biphenyls, clean-up in and around the Monsanto or 20 the old Monsanto manufacturing site. 21 Q. What do you know about our particular case 22 in Furgus County, Mr. Pierle? 23 A. Very little. I am in discussions in 24 preparation with Adam he briefly identified the 25 case, that it involved PCB's. And there are 9 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46452 1 allegations of I guess property value loss related 2 to PCB's in the environment abutting a property 3 owner's or property owner's individual properties. 4 Q. Okay. It's your understanding the case 5 centers around allegations that a stream, a live 6 stream located in Furgus County called Big Spring 7 Creek is contaminated with PCB's? 8 A. Yes. 9 Q. Now since we're going to be talking about 10 PCB's why don't you tell me in just kind of a 11 summary fashion, if you would please, your dealing 12 with PCB's over the years that you were employed by 13 Monsanto. 14 A. At the plant where I started working in 15 Illinois they produced PCB's, so I was generally 16 aware of the production unit. And in the late 17 '60's was involved in work to identify sources of 18 potential PCB leaving that manufacturing unit and 19 projects to reduce their losses. After that my 20 role as manager of environmental protection we 21 dealt with various issues at that plant, the 22 Krummrich plant, in Illinois as sort of a manager 23 helping the plant team interface with the 24 regulatory agencies on the discharge issues and 25 limits, things of that nature. 10 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46453 1 Q. Where was that plant located in Illinois? 2 A. It's in Sauget, Illinois. 3 Q. I guess I thought it was pronounced Sauget. 4 Go ahead. I didn't mean to interrupt. 5 A. The involvement later in my career with 6 respect to PCB's again in my role as director of 7 environmental management for, or environmental 8 operations for the chemical company we had 9 responsibilities that included the Anniston 10 facilities, so we were involved in the clean-up 11 projects relative to that site and the various 12 agency relationships with respect to clean-up, 13 plans, programs and requirements. That work was 14 still ongoing at the time that I retired. 15 Q. Okay. Since your retirement have you worked 16 either for Solutia, Monsanto or Pharmacia Chemical 17 Company? 18 A. In the first two years of my retirement I 19 had a direct consulting agreement with Solutia that 20 lasted, as I said it lasted exactly two years. And 21 no other direct work with those companies after 22 that time period. 23 Q. Okay. Do you own some property here in 24 Jackson, Wyoming? 25 A. No, I own some property in Dubois, Wyoming. 11 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46454 1 Q. Okay. That's retirement, you live there 2 part of the year? 3 A. We just built a place, so we haven't figured 4 that out yet. 5 Q. I just wondered why we're meeting here in 6 Jackson is all. It's Dubois, Wyoming, and not 7 Dubois, Idaho? 8 A. That's correct. 9 Q. Where's Dubois, Wyoming, located? 10 A. It's about 100 miles. I would guess it's 11 almost east of here, a little bit southeast as the 12 crow flies, not as you drive. 13 Q. So you're going to have a residence in 14 Florida as well as Wyoming? 15 A. Yes. 16 Q. Now, were you acquainted with Richard J. 17 Mahoney? 18 A. Yes. 19 Q. Would you describe who he is with respect to 20 Monsanto, or who he was? 21 A. He was ultimately the chairman and CEO of 22 Monsanto Company. Worked at the company as I 23 understand it for several years prior to that in 24 various capacities. 25 Q. Do you know what time frame he was the 12 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46455 1 chairman and CEO? 2 A. It was in the, sometime in the mid to late 3 '80s, and he retained that role through the, seems 4 to me through the early to mid '90s. 5 Q. Is he still alive, do you know? 6 A. Yes, I believe so. 7 Q. Do you know where he lives? 8 A. I'm not certain. He's in both St. Louis I 9 believe and he also has a place in Massachusetts. 10 Q. I'm going to hand you what I marked as 11 Deposition Exhibit 1 and ask you what you know 12 about something called the Monsanto Pledge. 13 MR. MILLER: That's a pretty broad 14 question. Can you narrow it somewhat? 15 MR. OAAS: I'll ask Mr. Pierle if he 16 needs me to narrow it to be more specific. 17 A. I'm very familiar with the Monsanto Pledge. 18 However, at the -- I was not involved in the I 19 guess the generation of Mahoney's speech which led 20 up to his speech at the National Wildlife 21 Federation's Corporate Conservation Council which 22 later then became known as the Monsanto Pledge. 23 That was not initially as I understand it the part 24 of the title of the speech, the pledge part, became 25 a sort of a characterization of his speech by 13 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMON0046456 1 either someone in the audience or subsequent to 2 that. But once it was characterized in that 3 fashion it was basically adopted, if you will, by 4 Monsanto and that became the terminology that we 5 use to describe to everybody internally and 6 externally Mahoney's speech to the National 7 Wildlife Federation. 8 Q. Have you seen Plaintiffs' Exhibit 1 before 9 today? 10 A. I certainly have seen the pledge before. 11 And all these words I don't know that I've seen it 12 -- I don't recall whether I've seen it in this 13 exhibit form. 14 Q. It's obtainable on Solutia's Web site. That 15 was what I was referring to have you seen this 16 pledge in thid particular form? 17 A. I may or may not. I just -- I suspect I 18 have, but I just don't recall. 19 Q. Okay. Now, would you just kind of in your 20 words describe for me what Monsanto was attempting 21 to do by adopting the Monsanto pledge? 22 A. Let me do that with just a little bit of 23 sort of background to this. As I indicated I spent 24 pretty much my whole career in the environmental 25 area inside Monsanto, and through those first years 14 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46457 1 up to about the mid '70s the company operated in a 2 fairly decentralized manner with respect to 3 environmental matters. In the mid '70s there was a 4 corporate organization structure put into place in 5 recognition that the entire sort of world was 6 moving more along regulatory lines on environmental 7 matters. And the organization Monsanto, the large 8 organization, felt it needed to do something to be 9 better eguipped to deal with the growth of 10 environmental matters in the United States and also 11 worldwide. 12 And at that time, the mid to late '70s, 13 there was instituted a set of Monsanto worldwide 14 environmental guidelines. Those were sort of 15 internal management efforts to help move the 16 organization to continue to meet external and 17 internal reguirements with respect to Monsanto's 18 programs. 19 In the mid to late '80s and then early '90s 20 it was more apparent that through what was then 21 termed the public's right to know the public was 22 taking a more direct role in environmental matters. 23 And what the Monsanto Pledge did was really an 24 external transparent discussion of what Monsanto 25 felt its role was with respect to the environment 15 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMON0046458 1 and what it should be for the future. 2 And so the pledge itself really did 3 externalize a lot of what Monsanto had been working 4 on, and then in some cases as indicated in this 5 document attempted to position what Monsanto wanted 6 to do to try to be part of a solution of 7 environmental issues in the future. 8 Q. Do you think the Monsanto Pledge was a good 9 thing for the company to adopt? 10 MR. MILLER: Object to the form of the 11 question. Are you asking personally? 12 MR. OAAS: Uh-huh, just his personal 13 opinion. 14 A. Yes, I do because it had, it basically 15 articulated a lot of the things we were working on 16 and doing anyway. And it helped to give the public 17 a better understanding of what we were doing and it 18 gave some additional, I would say, degrees of 19 freedom to people inside the company to talk about 20 what they were doing to external groups. And that 21 was beneficial. 22 Q. Did the pledge deal with all Monsanto 23 products, including PCB's? 24 A. The pledge itself was not product specific, 25 product inclusive. It was more related to as you 16 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46459 1 can see from the topic and subject matter relative 2 to more the operations as they impacted the 3 environment, our production operations. It was I 4 think from Mahoney's standpoint focused on what 5 businesses we were in at that point in time and how 6 those businesses needed to be positioned for the 7 future. 8 Q. Would it be fair to characterize the 9 Monsanto Pledge as having nothing to do with 10 Monsanto's involvement in the production and sale 11 of PCB's? 12 A. I would say a fair characterization is 13 probably that the production or manufacturing, 14 sale, the hisorical aspects of PCB's, was not a key 15 factor or consideration in the pledge statement. 16 Q. Did the pledge take that into consideration 17 at all in your opinion? 18 A. I don't think directly. 19 Q. How about indirectly? 20 A. It's difficult to say. I think part of the 21 evolution of Monsanto's whole programs with respect 22 to the environment were shaped by all of Monsanto's 23 history, as any company would be, and certainly 24 PCB's were part of that history. So sort of 25 indirectly I would guess they, personally it was 17 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46460 1 possible that it would have had some indirect 2 effect, but certainly nothing direct in terms of a 3 cause/effect kind of relationship. 4 Q. Isn't it true to state that the pledge 5 really had its roots back in the formation of 6 environmental policy statements of Monsanto back in 7 the '70s? 8 A. I don't know what was in Dick Mahoney's mind 9 when he made -10 Q. And I understand that. 11 A. -- when he wrote his speech, so I think the 12 pledge was more forward looking and was attempting 13 to, as I indicated, position the company 14 externally. And we were at that time doing a lot 15 of work with regulatory agencies and environmental 16 groups, and it was more an expression of our future 17 intent than what had happened or had gone on in the 18 past. 19 Q. All right. 20 A. That was sort of my personal feel and the 21 feel was actually there was, there was quite a bit 22 of internal discussion what does the pledge mean 23 with respect to the internal guidelines that 24 existed. We had been working on a bunch of stuff 25 already inside the company. Do we throw that all 18 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46461 1 away and begin something new that's called this 2 Monsanto Pledge? And it was a fair amount of work 3 to try to work the pledge document and statements, 4 to show them there was some consistency with 5 respect to the work that was going on. 6 Q. Can you refer to the second page of Exhibit 7 1? 8 A. Yes. 9 Q. Directing your attention to the first full 10 paragraph. The first sentence says, "But it is not 11 enough to simply unpollute the world." Do you see 12 that sentence? 13 A. Yes. 14 Q. Does that in your mind and in your 15 discussions that took place about the pledge, the 16 internal discussions, did anybody consider that a 17 reference to PCB's? 18 A. Not to my knowledge. 19 Q. As you sit here this morning what does that 20 sentence mean to you? 21 A. Just prior to the issuance of the pledge 22 Dick, Mr. Mahoney had undertaken an initiative to 23 reduce Monsanto's air pollution, air pollutants, 24 toxic air pollutants, by 90 percent. This was in a 25 time period that was sort of post the Bhopal 19 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46462 1 accident in India, and there was considerable 2 attention paid to air emissions, particularly toxic 3 emissions. And we have been working on programs to 4 reduce waste. And there was a lot of public focus 5 on the pollution levels that existed in the world. 6 And so some of our efforts were, if you will, to 7 unpollute or reduce emissions that were still 8 existent from manufacturing operations. So in my 9 mind that's what that would have meant, that it's 10 not simply enough that we continue these programs 11 internally to reduce emissions and waste from 12 operations, but strategically and with at the time 13 internally inside Monsanto there was an enormous 14 effort on agricultural, better use of agriculture, 15 the creation of agricultural chemicals that would 16 act as herbicides, but would be more friendly to 17 the environment, the whole focus of biotechnology 18 which now ten years later or more we see a 19 substantial benefit to the environment. 20 So I think what Mr. Mahoney was saying was 21 that we just can't work on what we were doing with 22 respect to operations and reducing emissions, but 23 we have to find a way to make new products and new 24 technologies that actually have a more beneficial 25 impact on the environment while providing certainly 20 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46463 1 beneficial results from the products themselves. 2 Q. Then would it be fair to say as far as your 3 understanding went that Monsanto had pretty much 4 decided that the issues surrounding PCB's were a 5 thing of the past and there weren't going to be any 6 more problems, environmental problems with PCB's? 7 A. I don't ever recall anybody having that kind 8 of a discussion. 9 Q. Okay. Tell me at what level were PCB's on 10 the radar as far as environmental problems with 11 Monsanto in the early '90s as far as you know? Was 12 there a PCB's group? Did you deal with PCB 13 environmental issues? What was going on in the 14 company at the time? Were they in the attic 15 shelved away, put away? That's what I'm trying to 16 get at. 17 MR. MILLER: Objection; compound. 18 THE WITNESS: There were two levels of 19 activity with respect to PCB's or at least two it 20 seemed to me. One, there was certainly a level of 21 litigation that was still in existence with respect 22 to product issues. And the group that was 23 predominantly charged with the responsibility for 24 that was the legal department. And when they 25 needed technical assistance there were in my group 21 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46464 1 in the '90s just a small group of people that if 2 there was a need for technical resources and they 3 could provide those, they would. Most of those 4 issues being historical a lot of I think what was 5 needed on that was already in place. 6 The other aspect that was ongoing was 7 the clean-up issues such as at Anniston or other, 8 principally at Anniston where there were PCB's that 9 were part of active plant site operations or if 10 there were PCB's that were issues that came up with 11 respect to other off-site issues, then they would 12 have been, those projects would have been managed 13 predominantly in groups that either reported to me 14 or during parts of my period in the '90s. 15 Q. Okay. Can you give me an example of what 16 kind of technical assistance you would give to the 17 legal department from time to time in that time 18 frame, the early 1990's? 19 MR. MILLER: Let me object. That calls 20 for information that invades the attorney/client 21 privilege. I object to that. I instruct the 22 witness not to answer. 23 MR. OAAS: I'm not asking for 24 conversations. I'm just asking what kind of 25 technical assistance. For instance, like what 22 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46465 1 PCB's were, where were they manufactured, were they 2 sold by a particular customer, things of that 3 nature. Are you going to object to that? 4 MR. MILLER: I think any communication 5 between Mr. Pierle and the legal department for the 6 purpose of assisting the company in pursuing 7 litigation or defending litigation is subject to 8 the attorney/client privilege. And I'll instruct 9 him not to answer. 10 MR. OAAS: I tell you, Adam, for the 11 record I'm not asking for any specifics. I'm not 12 asking for any privileged information. It's a very 13 general question in terms of what kind of technical 14 assistance or resources either Mr. Pierle or his 15 group supplied to the legal department. 16 MR. MILLER: Just subject matters? 17 MR. OAAS. Yes. 18 MR. MILLER: And not with respect to any 19 particular piece of litigation or regulatory 20 activity? 21 MR. OAAS: Right. 22 MR. MILLER: You can answer to that 23 limited scope. 24 THE WITNESS: I think there was some 25 support effort given with respect to just 23 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46466 1 historical documents. Within my group when I was 2 the corporate vice president we had the health and 3 toxicology department was there. And so those 4 people were available for consultation. However, 5 most of the work I know on PCB's preceded most of 6 those people's work at Monsanto. So most of that 7 sort of technical scientific work had already been 8 done. But those people were there if they needed 9 any consultation. 10 And indeed the way most of that worked 11 they would have been responding directly to the 12 lawyers. My role really was much more 13 administrative with respect to the people and the 14 budgets, and most of it was not, was clearly 15 non-PCB related work and activity. 16 Q. (BY MR. OAAS) Can you give me a rough idea 17 of a number, a percentage number during that time 18 frame what amount of work was directed at PCB 19 activity versus non-PCB activity? 20 A. I don't really recall. I mean it's a really 21 low number relative to the whole staffing and 22 budget that went on that, really a low number of 23 people. I just don't remember the numbers. 24 Q. Five percent, ten percent, one percent, half 25 of one percent? 24 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46467 1 MR. MILLER: Calls for speculation. 2 Q. (BY MR. OAAS) If you can give me a 3 reasonable estimate? 4 A. Certainly less than five percent. 5 Q. Okay. I guess what I'm trying to get at 6 when Mr. Mahoney made this speech to the National 7 Wildlife Federation on January 30th, 1990, you and 8 your staff were still dealing with PCB's to some 9 extent, even though it may have been a small 10 percentage of the overall work. 11 A. In the areas that I described, yes, 12 basically the clean-up support work or the support 13 for the clean-up work that was ongoing. 14 Q. Then if you go down to the next paragraph on 15 the second page of that exhibit. I'll just read it 16 into the record. It states, "We must rectify the 17 mistakes of the past while we continue to develop 18 and introduce the new technologies to provide the 19 essentials for mankind in the future." 20 Would you agree or disagree that the 21 production and sale of PCB's was one of the 22 mistakes of the past that Mr. Mahoney was referring 23 to? 24 MR. MILLER: Object to the form. 25 THE WITNESS: I have seen this statement 25 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46468 1 before, and I never talked with him about what that 2 meant. To me in the context of what he was doing 3 with this document of juxtapositioning sort of a 4 non-public disclosure versus a public disclosure of 5 commitments, an openness and transparency, that 6 that statement hit me more in the context of that, 7 that a mistake not being, you know, something that 8 was known at the time and looking back we should 9 have been more outward with our discussions and 10 contacts with people, our willingness to be 11 transparent to groups around the plants, to 12 environmental groups, to regulators, to 13 legislators, that it was more in that context that 14 I read that because that was what the pledge was 15 sort of doing. 16 I think he was also very much on the 17 forefront of finding new technology, whether they 18 be in the agriculture area or other areas where you 19 would clearly state that the technology was focused 20 on new ways to provide that. So outside of that I 21 really do not know what was in his mind in making 22 that statement. 23 Q. (BY MR. OAAS) Okay. Based upon what you 24 said do you have an opinion whether or not Monsanto 25 should have been more open and transparent in 26 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46469 1 dealing with the public, in dealing with regulatory 2 agencies and dealing with government officials on 3 the issues relating to PCB's than they had been? 4 MR. MILLER: Object to the form. Goes 5 beyond the scope of the 30(b)(6) notice. But if 6 you're asking him for his personal observations, 7 fine. 8 Q. (BY MR. OAAS) Go ahead. 9 A. I think that's really tough because of the 10 norms that existed at the time that having spent a 11 lot of time historically in this area the dominant 12 communication were with regulators as the 13 representative of the public. And I think what we 14 clearly felt as we moved through the '80s was that 15 we could not solely rely on those communications 16 with regulators to be sufficient for sort of 17 explaining to the public what we were doing or 18 trying to do. 19 So it was in the context of expanding those 20 discussions with regulators, but a lot of it was 21 with community groups and environmental groups and 22 other publics that had an influence as stakeholders 23 in the corporation. And I would say from a 24 personal standpoint and having seen the 25 relationships evolve with regulatory agency people 27 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46470 1 that I certainly pushed for and felt that the 2 broader transparency was key towards really a 3 better relationship with all of our stakeholders. 4 Q. (BY MR. OAAS) I'm going to hand you what 5 has been marked as Plaintiffs' Deposition Exhibit 6 Number 2. First question, have you ever seen that 7 exhibit before? 8 A. I'm not -- again I'm not certain that I 9 have. 10 Q. It was - 11 MR. OAAS: Just for the record this was 12 produced by Pharmacia Monsanto to the plaintiffs in 13 this litigation. 14 A. Uh-huh. 15 Q. Appears to bear a date of July of 1971. Can 16 you tell me what you were doing for Monsanto at 17 that time? 18 A. Yes, at the time I had indicated I was 19 basically a pollution specialist at our plant in 20 New Jersey working on matters related to the plant 21 operations. 22 Q. Okay. I'm going to give you a minute if you 23 want to read through the document and I'll ask you 24 questions about it. 25 A. Sure. (Witness reads) I've persuaded the 28 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46471 1 document. 2 Q. Okay. Up at the top of the document there 3 is a heading titled Environmental Evaluation of 4 Proposed New Products and Processes. Do you see 5 what I'm referring to? 6 A. Yes. 7 Q. The document goes on to say, "Monsanto, 8 recognizing the need for control and reduction of 9 environmental degradation, diligently and 10 systematically assesses the impact of proposed new 11 products and processes on the environment." 12 Did I read that correctly for the record? 13 A. I'm looking -- is that still the first 14 paragraph? 15 Q. First sentence of the first paragraph. 16 A. Yes. 17 Q. Do you believe that was true in July of 18 1971? 19 MR. MILLER: I object as to no 20 foundation for this document and goes beyond the 21 scope. But you can answer. 22 THE WITNESS: Would you repeat the 23 question? 24 Q. (BY MR. OAAS) I just want to know do you 25 agree with the first sentence, the heading 29 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46472 1 Environmental Evaluation of Proposed New Products 2 and Processes? 3 A. Yes. 4 Q. In 1971 Monsanto was still manufacturing and 5 selling PCB's, correct? 6 A. I think by 1971, yes, with limitations. 7 Q. At least selling them to the electrical 8 generating -9 A. What was termed as closed system use. 10 Q. That manufacturing and sale of PCB's for 11 that purpose, the closed system, continued until 12 1976 or 1977, somewhere in that time frame? 13 A. I believe that's correct. 14 Q. Under the heading, there is another heading 15 on the first page titled Pollution Control. Do you 16 see that? 17 A. Yes. 18 Q. The first paragraph under that heading 19 reads, "Monsanto has always recognized its 20 responsibilities to the public, to its 21 shareholders, to its employees, to its customers 22 and to the communities in which it operates." Did 23 I read that correctly into the record? 24 A. Yes. 25 Q. Do you agree with that statement? 30 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46473 1 A. Yes. 2 Q. I think it's apparent that that statement 3 refers to all the times that Monsanto was 4 manufacturing and selling PCB's, whether they were 5 for open or closed systems, correct? 6 A. It appears to state that, yes. 7 Q. Then it goes on to say -- there is a number 8 of lettered paragraphs down there; A, B, C, D, E, 9 F, G toward the bottom half of the first page. Do 10 you see where I'm referring to? 11 A. Yes. 12 Q. It reads that the Pollution Control Policy 13 is, paragraph A, "Always be concerned for the 14 public interest." Did I read that correctly? 15 A. Yes. 16 Q. And would you agree that was the Pollution 17 Control Policy for Monsanto in July of 1971? 18 A. That's what it says, yes. 19 Q. Would you agree that would be the policy for 20 Monsanto during all of the time they manufactured 21 and sold PCB's? 22 MR. MILLER: Object to the form. Goes 23 beyond your notice. There's lack of foundation for 24 this particular witness. You can answer, if you 25 know. 31 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46474 1 THE WITNESS: I don't know. I mean it's 2 not a backward-looking statement, but a 3 forward-looking statement, so I don't know how to 4 judge that. 5 Q. (BY MR. OAAS) Wouldn't the phrase, the 6 first sentence under Pollution Control be a 7 backward-looking statement to the extent it's at 8 least catching us up to 1971 indicating Monsanto as 9 far as pollution control goes has always recognized 10 its responsibility to the public, to its 11 shareholders, to its employees, to its customers 12 and to their communities in which it operates? 13 We're covering all of Monsanto's existence with 14 that statement, are we not? 15 MR. MILLER: Object to the form of the 16 question as relates to lack of foundation. You can 17 answer, if you can. 18 THE WITNESS: The statement would seem 19 to imply that sort of historical position. 20 Q. (BY MR. OAAS) And I asked if you agreed 21 with it, and you said you did? 22 A. Yes. 23 Q. And as far as you know from your employment 24 with Monsanto and especially dealing with 25 historical aspects of PCB's it's your testimony 32 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46475 1 based upon your experience as an employee of 2 Monsanto that that statement is true, correct? 3 A. Yes. 4 Q. Again the theory and the idea of pollution 5 control statements in A, B, C, D, E, F, G seem to 6 be consistent with Richard Mahoney's statement on 7 January 30th of 1990 with respect to the Monsanto 8 Pledge; would you agree with that? 9 A. I haven't done a side by side, but I think 10 thematically there is a consistency. 11 Q. So my earlier question that the Monsanto 12 Pledge finds its roots back in the pollution 13 control policy statements of Monsanto, at least 14 this is the oldest one I have as far back as July 15 of 1971 would that be a correct statement? 16 A. Maybe this is terminology, I would say 17 they're certainly consistent. Whether the pledge 18 in being rooted in that or based on it is how I 19 interpret your question. I would say they're 20 certainly consistent. 21 Q. Okay. 22 A. Whether they're methodically rooted is 23 something I just don't know. 24 Q. All right. Now, subparagraph B under the 25 pollution control policy reads, "Regard pollution 33 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46476 1 control as part of the cost of doing business." 2 What does that mean to you, Mr. Pierle? 3 MR. MILLER: Object to the form of the 4 question. Lack of foundation. Goes beyond the 5 scope of your notice. You can answer, if you know. 6 THE WITNESS: That to me typically that 7 terminology meant that it was recognized that 8 activities in the area of pollution control were 9 part of what the businesses should understand as a 10 cost of doing business and should be considered as 11 such. Just like I guess transportation would be a 12 cost of doing business of moving products from A to 13 B. It's just, it's part of the entire function of 14 making and selling products. 15 Q. (BY MR. OAAS) Would you agree that the 16 plaintiffs who own property along Big Spring Creek 17 in Fergus County, Montana, as well as all Montanans 18 have an interest and the public interest in seeing 19 that the PCB's that are in Big Spring Creek are 20 remediated and cleaned up? 21 MR. MILLER) I object to the form of the 22 question. Goes beyond the scope of your notice. 23 Potentially calls for legal conclusions. And there 24 is no foundation with Mr. Pierle that he can assess 25 the remedial necessity of the trace amount of PCB's 34 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46477 1 in Big Spring Creek whether necessary or regulatory 2 framework. But subject to that you're asking for 3 his personal opinion, there is no foundation. You 4 can answer if you can. 5 Q. (BY MR. OAAS) Want me to repeat the question 6 again? 7 A. Please. 8 MR. OAAS: You can have all your 9 objections again. 10 MR. MILLER: I thought you said you 11 couldn't do that in Montana. 12 MR. OAAS: Well, it's an open question. 13 MR. MILLER: It's open for you, but not 14 for me. 15 MR. OAAS: I'm just saying that it's 16 pretty hard to follow the tenor of the question if 17 you're going to object for 15 minutes, but that's 18 your right. 19 Q. What I want to know, Mr. Pierle, is whether 20 or not you would agree that the people who own, the 21 plaintiffs in our lawsuit who own property up in 22 Montana, have an interest as well as all Montanans 23 in general have a public interest in seeing that 24 the environmental pollution caused by PCB's in Big 25 Spring Creek is cleaned up? 35 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46478 1 MR. MILLER: Same objection. 2 THE WITNESS: I'm not sure how to answer 3 that helpfully. The question of whether there is 4 an issue or not an issue, you know, that is all 5 facts which I'm not familiar with. In my 6 experience in dealing with these questions that the 7 question of is there environmental contamination, 8 how much, is it causing a problem, to whom, are all 9 fact-based, relevant questions that there are 10 pretty detailed processes that have been worked out 11 to find answers to. And I would say following 12 those processes would yield answers to your 13 particular question. But I can't presume those 14 answers sitting here today and not knowing whether 15 that process has been completed or is in process or 16 intended to be undertaken to help find those 17 answers to those questions. 18 Q. (BY MR. OAAS) Let me ask the question this 19 way. Mr. Pierle, what do you think that the -- why 20 do you think that in 1971 Monsanto had a pollution 21 control policy that said always be concerned for 22 the public interest? 23 A. What I can tell you about that in reading 24 the rest of this document that at that time, and as 25 consistent I think with what I said earlier, there 36 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46479 1 was not a sort of a corporate structure that 2 existed. This does refer to an environmental 3 control committee which were the early efforts at 4 coordinating things with inside Monsanto Company. 5 And I certainly suspect that what that committee 6 had to struggle with and deal with it, what is it 7 that we all believe and agree upon, and that's what 8 these statements were a party to. 9 I think that I guess I would add that I 10 think you can be consistent with a concern for 11 public interest. I'm not certain that that means 12 that in every case without deliberation, without 13 process that what the public thinks their interest 14 is is the interest that Monsanto eventually 15 determines and meets because you have the question 16 of who is the public, what are their interests, 17 what is their motivation, what are the facts; all 18 those things have to be considered. 19 I think what this statement says you need to 20 be concerned about the public interest and you need 21 to take that into account in all of these processes 22 for developing an understanding of whether a 23 problem exists and then what the solution to those 24 problems should be. 25 Q. And that would include a situation like we 37 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46480 1 have up in Fergus County, Montana, where there's an 2 allegation that Monsanto manufactured PCB's that 3 polluted a live stream? 4 A. It may or may not because in a case as I 5 understand it were these were not direct use of 6 PCB's, that there are issues of customers and 7 customers' use and customers' knowledge that would 8 all factor into any of these statements or 9 decisions. And so the fact that there is a product 10 here I think makes it a more complex question. 11 Q. Wouldn't it be fair to say that in July of 12 1971 the environmental issues surrounding PCB's was 13 the largest environmental problem facing Monsanto 14 at the time? 15 MR. MILLER: To the extent you know. 16 THE WITNESS: I would say relative to 17 that business, yes, relative to the company. I 18 mean there were a lot of people dealing with other 19 environmental issues within the company, so 20 certainly it was an important issue, but I really 21 couldn't judge whether that was the most important 22 issue. Certainly it was to that business and 23 probably within that operating unit, but not 24 necessarily I'm guessing to the rest of and to all 25 of Monsanto. 38 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46481 1 Q. (BY MR. OAAS) Okay. Going back to the 2 first sentence under Pollution Control where it 3 says that Monsanto has always recognized its 4 responsibilities to the public. Do you see that 5 part of the sentence? 6 A. Yes. 7 Q. That would include the residents of the 8 State of Montana and Fergus County, would it not? 9 MR. MILLER: Let me object to the form 10 of the question to the extent you may be implying a 11 meaning of responsibilities to include a legal 12 conclusion. Subject to that you can answer. 13 THE WITNESS: Again in the context of 14 responsibilities to the public in Fergus I don't 15 think Monsanto felt it was responsible for, if we 16 made products that were used as intended that 17 Monsanto in my dealings did not feel that we were 18 responsible for what our customers were necessarily 19 responsible for, who then may have a responsibility 20 themselves to the public. In this context to the 21 public, for example, around plant sites and 22 manufacturing it was more obvious you have a direct 23 relationship, but as I said I think the issue of 24 products and product responsibility becomes a more 25 complex question. 39 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46482 1 Q. (BY MR. OAAS) My question was a pretty 2 simple one. I just want to know whether you can 3 answer yes or no when you say Monsanto has always 4 recognized its responsibility to the public, does 5 the use of the word public in your mind include the 6 residents of the State of Montana which include the 7 residents of Fergus County, Montana? 8 MR. MILLER: Object to the form. 9 Q. (BY MR. OAAS) And are they part of the 10 public? 11 MR. MILLER: There is no foundation. 12 You're asking him to interpret the document which 13 he's not familiar with. Goes beyond the scope of 14 the 30(b)(6) notice. He's not speaking on behalf 15 of the company. You can answer if you can. 16 THE WITNESS: You asked kind of a 17 generic question I guess that certainly people in 18 Montana are part of the public. But they are not 19 part of the -- I would not describe that part of 20 the public to be the public this document is 21 necessarily speaking to. 22 Q. (BY MR. OAAS) Okay. Mr. Pierle, did you 23 testify in either of the Anniston cases that went 24 to trial? 25 MR. MILLER: You mean did he testify at 40 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46483 1 trial? 2 MR. OAAS: Yes, at trial. 3 A. No. 4 Q. Were you consulted with or play any role in 5 the eventual settlement that was made? 6 A. No. 7 MR. OAAS: I think I'm done. Thank you, 8 sir. 9 10 EXAMINATION BY MR. MILLER: 11 Q. Mr. Pierle, I just have a couple of 12 questions. I've just marked Deposition Exhibit 13 Number 3 which is entitled The Monsanto Pledge 14 dated January 1990 and signed by Richard J. 15 Mahoney. Are you familiar with what I've marked as 16 Exhibit Number 3? 17 A. Yes. 18 Q. Does this reflect the method or manner in 19 which the so called Monsanto Pledge was codified or 20 written out for the company, for the public and for 21 the company's employees? 22 A. Yes. 23 Q. All right. Was the document that was marked 24 by plaintiffs' counsel Exhibit Number 1 a speech 25 given by Mr. Mahoney in January of 1990. 41 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46484 1 A. Yes. 2 Q. With respect to some of the activities that 3 surrounded Monsanto's pledge one of them, which is 4 the first bullet on Exhibit Number 3, refers to 5 reducing toxic and hazardous releases and emissions 6 working toward an ultimate goal of zero effect. 7 Can you describe some of Monsanto's activities that 8 were undertaken in connection with the first bullet 9 of the pledge? 10 MR. OAAS: Are you referring to post 11 1990? 12 MR. MILLER: Well, the pledge was issued 13 in 1990. 14 Q. I would like to ask with respect to efforts 15 undertaken to satisfy the first prong of the 16 Monsanto Pledge. 17 A. This statement basically reflected a pretty 18 substantial program throughout Monsanto to do at 19 least to two things as I recall. One was to fully 20 implement the commitment that had been made I think 21 prior to this pledge statement with respect to 22 toxic or hazardous air emission releases that 23 Mahoney had made public I think just sometime prior 24 to this. But there was all the work that needed to 25 be done yet was still ongoing. And that was -- the 42 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46485 1 air emissions was a separate commitment prior to 2 the pledge that had been made through press 3 conferences and actually resulted in the head of 4 the EPA calling together a number of industry 5 executives to get similar commitments from other 6 companies. 7 It also included a broader element looking 8 at other release entry points into the environment, 9 whether they were to the water or the land, of 10 toxic and hazardous emissions from our 11 manufacturing operations and to undertake similar 12 programs to reduce the goal to zero effect. There 13 was not a percent reduction placed on those goals, 14 but basically did extend the air, the program on 15 air toxins to other losses into the environment. 16 Q. Was this effort that you just described 17 taken voluntarily by Monsanto? 18 A. Yes, it was. 19 Q. Was there any existing regulation to your 20 knowledge that required Monsanto to reduce its 21 plant emissions to the air by 90 percent? 22 A. No, there was not. 23 Q. Was Monsanto successful in reducing plant 24 air emissions by 90 percent? 25 A. Yes. 43 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46486 1 Q. Was that success achieved in about 1992? 2 A. It was in that time frame. 3 Q. And you indicated that the head of the EPA 4 at the time gave special recognition to Monsanto 5 for undertaking this pledge? 6 A. He and others had, and as I said part of 7 that form of recognition was calling together other 8 industry executives to attempt to secure 9 commitments from additional companies to do similar 10 things. 11 Q. Were some of the efforts undertaken with 12 respect to this prong of the pledge and the other 13 six or seven prongs of the pledge for Monsanto to 14 look for ways to reduce waste production in its 15 facilities? 16 A. Yes. 17 Q. Did the pledge also embody an effort to find 18 ways to reuse products that were manufactured by 19 Monsanto? 20 A. Yes, the effort was really forward looking 21 to find ways to, if you will, make products 22 differently with less waste than what we had 23 historically. That was a primary target to just 24 reduce the amount to start with; then if we 25 couldn't do that was there a way to reuse or 44 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46487 1 recycle those waste products was sort of a second 2 tier objective. 3 Q. I suppose another tier or objective of the 4 pledge was to find technologies to treat waste to 5 reuse their volume? 6 A. Yes, if you couldn't basically reduce or 7 recycle or reuse, then you had to find better 8 treatment methodologies to deal with that. And 9 there are 90 percent program-incorporated examples 10 of all those efforts. 11 Q. Are you aware of any recognition that 12 Monsanto has received from members of the wildlife 13 conservation community with respect to its pledge 14 and the undertakings of its pledge? 15 A. I would say initially there was, Jay Hare, 16 who was the executive director of the National 17 Wildlife Federation himself promoted the speech at 18 that time, later to be called the Pledge, to broad 19 communities, government, other environmental 20 groups, other industry groups. So I guess the 21 first part of the recognition was immediately by 22 Mr. Hare who tried to extent the scope of the 23 statement or the speech. 24 Subsequent to that I believe we were also 25 recognized by the Izaak Walton League, which is a 45 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMON0046488 1 pretty significant environmental group. We 2 received their annual environmental award one year. 3 Q. And that's not just for making the pledge, 4 but for fulfilling the commitments of the pledge? 5 A. At least making progress on them, that's 6 correct. 7 Q. And was the pledge and the successes that 8 you were having, Monsanto was having in 9 successfully undertaking the prongs of the pledge 10 also applauded by organizations like Greenpeace? 11 A. Yes, there is a quote in the literature that 12 basically Greenpeace which had not typically been 13 on the side of industry or business recognized 14 Monsanto for its leadership in taking these 15 commitments public and making commitments to do 16 better. So that was quite surprising. 17 Q. One of the aspects of the pledge that you 18 had mentioned was really making the whole 19 decision-making process within Monsanto and the 20 efforts that were being undertaken by Monsanto to 21 make the process transparent to the public. Is 22 that one of the aspects of the pledge? 23 A. I think under -- it's not one of the bullets 24 in there, but in part it is and especially where we 25 see keep our plants open to the communities, 46 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46489 1 involve the communities in the operations. That a 2 theme of the pledge was this taking what we were 3 doing and making it transparent to the outside and 4 involving the outside to a greater extent in our 5 understanding of issues and decisions than had been 6 done as a norm, as a norm in the past. 7 Q. Was it the case that in the late '80s and 8 1990s there was an evolution in the way Monsanto 9 viewed its role in terms of environmental 10 degradation, vis-a-vis, or in connection with 11 regulators; did they view their role with respect 12 to regulators in a different way during that time 13 period? 14 A. I believe so. And personally being involved 15 I think there was a much greater attempt to take on 16 a leadership role. And that was a disputed term 17 inside. Are we the leader, a leader, among the 18 leaders? But it was clear to everybody that it was 19 an attempt to take a more leadership role in the 20 public policy debate towards the understanding and 21 the definition and then providing solutions to 22 environmental problems, we became much more active 23 with federal agencies, state agencies, testifying 24 to congres, taking Monsanto's positions on a 25 variety of matters outside the company in order to 47 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46490 1 have a direct impact on the country's environmental 2 policies and directions. 3 Q. So was it the view then that as opposed to 4 being adversaries with regulators Monsanto through 5 the pledge and otherwise adopted an approach of 6 being cooperative and engaging regulators as 7 partners in helping resolve some issues associated 8 with pollution and pollution control? 9 A. I would say yes, but also you used, sort of 10 implied we had been adversary and moved solely from 11 adversary to cooperative, and I think what it was 12 intended to do was to basically make sure that we 13 weren't taking adversary positions as sort of a 14 first part of a discussion, that we ought to be 15 looking for dialog and collaboration before we 16 ended up defining what solutions or positions the 17 companies would take. 18 Q. Were you collaborating with folks in the 19 regulatory sphere, EPA, other state agencies to 20 develop better solutions and technologies for 21 pollution control? 22 A. We did. We actually did the technology. A 23 lot of it was in just regulatory conversation, 24 dialog, exchange of facts, but in fact in the 25 technology area we were able to actually work with 48 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46491 1 EPA on some joint technology developments on some 2 pollution reduction programs and with some others 3 companies that came out specifically as a result, 4 for example, of the last bullet under the pledge. 5 Q. Would you read that please? 6 A. "Search worldwide for technology to reduce 7 and eliminate waste from our operations, with the 8 top priority being not making it in the first 9 place." 10 Q. In addition to the background you had 11 mentioned that you had at Monsanto, have you 12 served, Mr. Pierle, on advisory panels assembled by 13 senate committees and EPA? 14 A. Certainly by EPA. The senate committees, I 15 guess I would have to think on that. We did a lot 16 of work in testifying at the request of senate 17 actions, and we were deeply involved in some 18 national Superfund commission work at one time, Mr. 19 Mahoney was, and I supported him on that. That we 20 reported back to the senate, but it was not a 21 senate activity or congressional activity. 22 Q. Did you serve on an advisory panel 23 established by the Congressional Senate Committee 24 on the Environment with the Office of Technology 25 Assessment in 1984? 49 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46492 1 A. I did. 2 Q. Did you also serve as a member of the EPA's 3 National Environmental Justice Advisory Board from 4 1995 to 1996? 5 A. I did. 6 MR. MILLER: Those are all the questions 7 I have for you at this time. Thank you, Mr. 8 Pierle. 9 MR. OAAS: Steve, are you going to ask 10 any questions? 11 MR. BROWN: No. 12 13 EXAMINATION BY MR. OAAS: 14 Q. Just a few follow-up, Mr. Pierle. Taking 15 into account all of the testimony you gave in 16 response to Mr. Miller's questions and taking into 17 account all the recognitions, awards, all the work 18 you did with the EPA and other environmental groups 19 and your work with Monsanto, what I want to know is 20 in your opinion you feel that Pharmacia/Monsanto is 21 living up to the words in the Monsanto Pledge in 22 its dealings with the alleged pollution of Big 23 Spring Creek by PCB's? That's what I want to know. 24 MR. MILLER: I object to the form of the 25 question. 50 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46493 1 THE WITNESS: I would -- for what I know 2 about the Big Springs activity I would say yes. 3 Q. (BY MR. OAAS) Okay. Same guestion with 4 respect to the pollution control statements and the 5 policy statement on Deposition Exhibit Number 2. 6 MR. MILLER: Object to the form. 7 MR. OAAS: Just the first page. 8 A. Again I would say yes. 9 MR. OAAS: That's all I have. 10 11 EXAMINATION BY MR. MILLER: 12 Q. Just one follow-up. Mr. Pierle, are you 13 aware that in 1970 Monsanto sent to its customers, 14 its direct customers and distributors, letters 15 advising them of emerging issues of the 16 environmental persistence of PCB's? 17 A. Yes. 18 Q. And are you aware that -19 MR. OAAS: I'll object to that as it 20 goes beyond the scope of the notice and leading 21 guestion. 22 Q. (BY MR. MILLER) Can you tell us, Mr. 23 Pierle, what kind of information Monsanto was 24 providing to its customers, its direct customers 25 and distributors of PCB's in the early 1970s about 51 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46494 1 the environmental persistence of PCB's? 2 MR. OAAS: Same objection. 3 THE WITNESS: Well, I know that at the 4 time the issues, the environmental issues began to 5 evolve around PCB's in the late '60's and became 6 public that Monsanto did in its own deliberations 7 to understand what those issues were that were 8 making similar sort of notifications of fact and 9 development on the issues to their customers to 10 keep them abreast of the sort of evolving 11 information with respect to PCB's in the 12 environment. 13 Q. Mr. Pierle, are you aware of the actions 14 Monsanto undertook in August of 1970 with respect 15 to the sale of PCB's for so called open system 16 uses? 17 MR. OAAS: Same objection. 18 THE WITNESS: I think earlier in 19 response to another question I indicated that the 20 open system use, the production of PCB's for open 21 system use was suspended. 22 Q. (BY MR. MILLER) Are you aware of whether or 23 not that action was undertaken voluntarily by 24 Monsanto? 25 A. Yes, it was. 52 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46495 1 Q. It was voluntary? 2 A. Yes. 3 Q. Was that voluntary action in suspending 4 sales of PCB's for open systems uses consistent 5 with the policy and goals of both the documents 6 that plaintiffs marked as Exhibits 1 and 2, the 7 pledge itself and the policy statement? 8 A. I would say yes. 9 MR. MILLER: That's all I have. Thank 10 you. 11 12 Whereupon the deposition was concluded. 13 Read and sign. 14 15 16 17 18 19 20 21 22 23 24 25 53 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46496 1 DEPONENT'S CERTIFICATION 2 3 I have read the foregoing transcript 4 of my testimony and have indicated the same by my 5 signature. 6 7 MICHAEL A. PIERLE 9 10 Subscribed and sworn to before me by 11 the said Michael A. Pierle, this day of 12 , 2006. 13 14 15 Notary Public 16 17 My commission expires 18 19 20 21 22 23 24 25 54 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46497 1 STATE OF WYOMING ) 2 3 COUNTY OF TETON ) 4 5 I, Joanna M. Walters, Court Reporter 6 and Notary Public in and for the County of Teton 7 and State of Wyoming, do hereby certify that 8 Michael A. Pierle was duly sworn to testify to the 9 truth, the whole truth and nothing but the truth; 10 That the foregoing transcript 11 consisting of 55 pages, is a true record of the 12 testimony given by the said Michael A. Pierle, with 13 all other proceedings herein contained. 14 IN WITNESS WHEREOF, I have hereunto 15 set my hand and seal of office at Jackson, Wyoming, 16 this 12th day of July, 2006. 17 18 19 Joanna M. Walters 20 21 22 23 Commission expires 55 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46498 [& - agriculture] Transcript Word Index & 1995 & 2:10,15 3:2______________ 1 50:4 1996 50:4 1997 1 8:20 3:13 13:11 14:8 19:7 41:24 1999 53:6 6:10 8:22__________ 100 12:10 10th 1:20 4:1 12th 55:16 13 3:13 15 35:17 1697 2:16 190 2 2 3:14 28:6 51:5 53:6 2004-55 1:3 2006 1:20 4:1 54:12 55:16 2103 3:3 28 3:14_______________ 3 2:11 3 1966 3:1541:13,1642:4 6:8,25 30 1970 5:3 27:5 40:14 7:9 51:13 52:14 307 1970s 1:25 51:25 30th 1971 25:7 33:7 28:15 29:18 30:4,6 31:17 32541 32:8 33:15 36:20 38:12 5:25_______________ 1974 7:17 1975 7:25 1976 30:12 1977 8:19 30:12 1979 _____________ 4 4 3:8 41 3:9,15 43 1:21_______________ _____________ 5 8:5 50 1980 3:8 8:9 51 1984 3:9 49:25 55 1990 55:11 25:7 33:7 41:14,25 42:11 59403 42:13 3:4 1990s 59457 47:8 2:5 1990's 59624 22:18 2:17 1991 59807 8:9,15 2:22 1992 44:1 6 action 6 5:3 27:5 40:14 600 2:11 60's 10:17 52:5 63105 2:12 7 701 5:24 4:17 52:23 53:3 actions 49:17 52:13 active 22:9 47:22 activities 34:8 42:2,7 activity 21:1923:20 24:15,19,19 49:21,21 51:2 adam 2:9 9:24 23:10 70s 15:1,3,12 18:7 733-2637 1:25 add 37:9 addition 49:10 76 additional 2:4 770 5:23 7909 16:18 44:9 address 5:22,23 administrative 2:21 24:13 8 adopt 8:00 16:9 4:1 adopted 80s 14:3 48:5 8:12 13:3 15:19 27:14 47:7 adopting 14:21 90 19:24 43:21,24 45:9 90s 13:4 15:1921:11 22:1,14 adversaries 48:4 adversary 48:10,11,13 advising a 51:15 a.m. 4:1 able 48:25 abreast 52:10 absence 7:19 abutting 10:2 accident 20:1 account 37:21 50:15,17 achieved 44:1 acquainted 12:16 act 7:24 20:16 advisory 49:12,22 50:3 affairs 7:21 agencies 7:4 10:24 18:15 27:2 47:23 47:23 48:19 agency 7:23 11:12 27:25 agree 25:20 29:25 30:25 31:16,19 33:8 34:15 35:20 37:7 agreed 32:20 agreement 11:19 agricultural 20:14,15 agriculture 20:14 26:18 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46499 [ahead - cause] ahead areas b briefly 11:4 27:8 25:11 26:18 bachelor's 9:24 air articulated 6:7 broad 7:4 8:10 19:23,23,24 20:2 16:15 back 13:1345:18 42:22 43:1,14,15,21,24 asked 18:5,6 26:8 33:12,14 39:1 broader alive 32:20 40:16 49:20 28:2 43:7 13:5 asking background brown allegation 16:11 22:23,24 23:11,12 14:23 49:10 2:195:10,176:22 50:11 38:2 27:6 35:2 40:12 backward browning allegations aspect 32:2,7 2:15 10:1,5 22:6 balance budget alleged aspects 6:12 24:22 50:22 17:14 32:25 46:17,22 based budgets amount assembled 26:23 33:1,18 36:9 24:14 19:2 24:18 34:25 44:24 49:12 basically built analytical assess 7:1 8:3,18,24 14:3 16:14 7:7 12:3 7:13 34:24 25:12 28:19 42:17 43:14 bullet angus assesses 45:6 46:12 48:12 42:4,8 49:4 1:7 29:10 bear bullets anniston assessment 28:15 46:23 9:10,13,16,17 11:9 22:7,8 49:25 began bunch 40:23 assessments 6:8,24 52:4 18:24 annual 9:4 behalf burleigh 46:2 assistance 40:14 1:6,7 answer 21:25 22:16,25 23:14 believe business 22:22 23:9,22 29:21 31:24 assisting 8:5 13:6,9 29:17 30:13 37:7 9:5 34:1,10,12 38:17,22 32:17 34:5 35:4 36:2 39:12 23:6 45:24 47:14 46:13 40:3,15 associated beneficial businesses answers 48:7 16:21 20:24 21:1 17:5,6 34:9 36:11,12,14,17 attempt benefit c anthony 1:194:3,9 44:8 47:15,19 attempted 20:19 berry call 5:12 antler 1:20 anybody 19:1621:7 16:5 attempting 14:20 18:12 attention 2:15 called better 10:6 13:12 19:1 41:19 15:9 16:17 20:14 28:3 45:7 45:18 52:15 46:16 48:20 calling anyway 19:9 20:2 beyond 43:4 44:7 16:16 apparent 15:20 31:2 appear 5:9 appearances attic 21:14 attorney 4:15 5:7,10 22:20 23:8 audience 14:1 27:5 29:20 31:23 34:4,22 40:13 51:20 bhopal 19:25 big 10:6 34:16,19 35:1,24 calls 22:19 25:1 34:23 capacities 12:24 career 11:5 14:24 2:1 appearing 5:11 appears 28:15 31:6 august 52:14 available 24:4 award 50:22 51:2 biotechnology 20:17 biphenyls 9:19 carondelet 2:11 case 5:1 9:21,25 10:4 37:12 38:4 47:7 applauded 46:10 approach 48:5 46:2 awards 50:17 aware bit 12:11 14:22 18:21 board 50:3 cases 9:10,13 16:4 40:23 catching 32:8 area 10:1645:11 51:13,18 52:13 bottom Catherine 7:8 9:3 14:25 26:18 27:11 34:8 48:25 52:22 31:9 box 2:14 cause 2:4,16,21 3:3 1:3 18:3 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMON0046500 [caused - dc] caused 35:24 causing 36:8 centers 10:5 ceo 12:21 13:1 certain 13:8 28:8 37:11 certainly 6:24 14:10 17:23 18:2 20:25 21:20 25:4 28:1 33:17,20 37:5 38:20,22 40:17 49:14 certification 54:1 certified 4:16 certify 55:7 chairman 12:21 13:1 characterization 13:25 17:12 characterize 17:8 characterized 14:2 charged 21:23 chemical 1:138:3,14 11:8,16 chemicals 20:15 chronological 6:17 class 4:17 clean 8:11 9:19 11:10,1222:7 25:12,13 cleaned 34:20 35:25 clear 47:18 clearly 24:14 26:19 27:14 client 22:20 23:8 closed 30:9,11 31:5 codified 41:19 collaborating 48:18 collaboration confirm coordinating 48:15 5:19 37:4 Columbia congres corporate 5:11 47:24 6:12 8:6,10,16 13:21 15:4 commerce congressional 24:2 37:1 6:157:19 49:21,23 corporation commission connection 27:23 49:18 54:17 55:23 42:8 47:10 correct commitment conservation 5:4,5 9:8,11 12:8 30:5,13 42:20 43:1 13:21 45:13 31:5 33:2,15 46:6 commitments consider correctly 26:5 43:5 44:9 46:4,15,15 19:16 29:12 30:23 31:14 committee considerable cost 37:3,5 49:23 20:1 34:1,10,12 committees consideration council 49:13,14 17:15,16 13:21 communication considered counsel 23:4 27:12 34:10 37:18 41:24 communications consistency country's 27:15 19:4 33:10 48:1 communities consistent county 30:22 32:12 45:19 46:25 33:6,17,20 36:25 37:10 1:2 4:17 9:22 10:6 34:17 47:1 53:4 38:1 39:8 40:7 55:3,6 community consisting couple 27:21 45:13 55:11 41:11 companies consultation course 1:15 11:21 43:6 44:9 48:17 24:4,9 6:18 49:3 consulted court company 41:4 1:1,24 55:5 1:136:2,8 8:12,15 11:8,17 consulting covering 12:22,22 15:1 16:9,19 6:2,3 9:3 11:19 32:13 17:23 18:13,25 21:14 23:6 contacts creation 37:4 38:17,19 40:15 41:20 26:10 20:15 47:25 contained creek company's 55:13 10:7 34:16,19 35:1,25 41:21 contaminated 50:23 completed 10:7 crow 36:15 contamination 12:12 complex 36:7 currently 38:10 39:25 context 5:25 compound 26:2,6,13 27:19 39:13,20 customer 21:17 continue 23:2 concern 15:1620:1025:17 customers 37:10 continued 30:21 32:11 38:6,7,7 39:18 concerned 30:11 51:13,14,24,24 52:9 31:13 36:21 37:20 concluded 53:12 conclusion 39:12 conclusions 34:23 conference 5:11 conferences control d 29:8 30:15 31:12,17 32:6,9 33:5,13,25 34:1,8 36:21 date 28:15 37:3 39:2 48:8,21 51:4 conversation 48:23 conversations dated 41:14 davis 31 2 22:24 day cooperative 48:6,11 54 11 55 16 43:3 6:15 7:20 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46501 [deal - eppenberger] deal described 15:9 16:22 21:12 37:6 45:8 25:11 43:16 dealing destin 10:11 25:8 27:1,1,2 32:24 5:24 36:6 38:18 detailed dealings 36:10 39:17 50:22 determines dealt 37:15 10:21 develop debate 25:17 48:20 47:20 developing decentralized 37:22 15:2 development decided 52:9 21:4 developments decision 49:1 46:19 dialog decisions 48:15,24 38:9 47:5 dick deeply 18:8 19:22 49:17 different defendants 47:12 1:17 2:8 4:24 differently defending 44:22 23:7 difficult defining 17:20 48:16 diligence definition 9:4 47:21 diligently degradation 29:9 29:9 47:10 direct degree 11:19,21 15:22 18:2 38:5 6:7 39:22 48:1 51:14,24 degrees directed 16:18 24:18 deliberation directing 37:12 19:9 deliberations directions 52:6 48:2 department directly 1:145:76:157:1921:24 17:1824:11 22:17 23:5,15 24:3 director deponent's 8:7 11:6 45:16 54:1 disagree deposed 25:20 9:9 discharge deposition 10:24 1:194:135:106:22 9:6 disclosure 13:11 28:541:1251:5 26:4,4 53:12 discussion depositions 5:15 15:24 18:22 21:8 9:7,17 48:14 describe discussions 6:16 12:19 14:5,20 40:19 9:23 19:15,16 26:9 27:20 42:7 disputed 47:16 distributors element 1:15 51:14,25 43:7 district eliminate 1:1 49:7 document embody 16:5 19:3 26:3 28:23 29:1,2 44:17 29:7,20 36:24 40:12,20 emerging 41:23 51:15 documents emission 24:1 53:5 42:22 doe emissions 1:15 20:2,3,7,11,22 42:5 43:1,10 doing 43:21,24 6:1 7:13 8:25 16:16,17,20 employed 18:14 20:21 26:2,15 27:17 10:12 28:16 34:1,10,12 47:3 employee dominant 33:1 27:11 employees drive 30:21 32:11 41:21 5:24 12:12 employment dubois 6:5,18 32:23 11:25 12:6,7,9 ended due 48:16 9:4 engaging duly 48:6 4:4 55:8 enormous duties 20:13 6:20 entire dv 15:5 34:13 1:3 entities e earlier 33:11 36:25 52:18 early 13 4 1519 2111 2218 37 3 51 25 east 12:11 education fifi effect 18:2,3 42:6 43:12 pffli ip nrp 716 4:19 entitled 41:13 entry 43:8 environment 8:16 10:2 15:25 17:3,22 20:17,19,25 29:11 43:8,15 49:24 52:12 environmental 7:1,12,21,24 8:2,7,14 10:20 11:7,7 14:24 15:3,6,10,14 15:22 16:7 18:6,15 21:6,10 21:13 26:12 27:21 29:3,9 30:1 35:24 36:7 37:2 38:12 5:20 20:14 23:25 43:16 44:17,20 efforts 15:15 20:6 37:3 42:14 4411 45-10 4620 pjthpr 11:16 14:1 22:13 23:14 40:23 electrical 30:7 38:13,19 45:19 46:1,2 47:9 47:22 48:1 50:3,18 51:16 52:1,4 epa 7:22 43:4 44:3 48:19 49:1 49:13,14 50:18 epa's 50:2 eppenberger 2:10 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46502 [equipped - going] equipped experience 15:9 33:1 36:6 especially expires 32:24 46:24 54:17 55:23 essentials explaining 25:19 27:17 established expression 49:23 18:16 estimate extend 25:3 43:14 evaluation extent 29:3 30:1 25:9 32:7 38:15 39:10 eventual 45:22 47:4 41:5 external eventually 15:16,24 16:20 37:14 externalize everybody 16:3 14:5 47:18 externally evolution 14:6 18:14 17:21 47:8 f evolve 27:25 52:5 facilities 7:7 11:1044:15 evolving facing 52:10 exactly 11:20 examination 38:13 fact 36:9 38:9 48:24 52:8 factor 3:8,94:7 41:1050:1351:11 example 22:15 39:21 49:4 examples 45:9 17:15 38:8 facts 36:5 37:17 48:24 fair 17:8,12 19:2 21:2 38:11 exchange 48:24 executive 6:1445:16 fairly 15:2 falls 3:4 executives familiar 43:5 44:8 exhibit 3:11,12 13:11 14:8,13 19:6 25:15 28:5,7 41:12,16,24 42:4 51:5 exhibits 13:1736:5 40:1341:15 far 8:25 21:2,10,11 32:9,23 33:14 fashion 6:17 10:11 14:3 53:6 existed 18:24 20:5 27:10 37:2 existence 21:21 32:13 federal 7:23 47:23 federation 14:7 25:7 45:17 federation's existent 20:8 existing 43:19 13:21 feel 18:20,21 39:17 50:20 felt exists 15:8,25 27:14 28:1 39:15 37:23 expanding 7:1527:19 felton 1:5 fergus forward 1:2 4:17 34:17 38:1 39:8,14 18:12 32:3 44:20 40:7 foundation figured 29:20 31:23 32:16 34:4,24 12:3 35:3 40:11 find frame 20:23 36:11,16 44:17,21 12:25 22:18 24:18 30:12 45:4,7 44:2 finding framework 26:17 35:2 finds freedom 33:12 16:19 fine friendly 27:7 20:16 finished fulfilling 6:6 46:4 first full 4:4 11:18 14:25 19:9,10 19:9 28:6 29:13,15,15,25 30:15 fully 30:18 31:9 32:6 39:2 42:4,8 42:19 42:15 45:21 48:14 49:8 function 51:7 34:13 fish furgus 1:14 5:8 9:22 10:6 five future 7:2 24:24 25:4 16:1,7 17:7 18:1625:19 flies 12:12 florida 5:25 12:14 focus 7:14 20:4,17 focused 17:4 26:19 folks 48:18 follow 35:16 50:14 51:12 following 8:25 9:2 36:11 follows 4:5 forefront 26:17 foregoing 54:3 55:10 form 14:13,16 16:10 25:24 27:4 31:22 32:15 34:3,21 39:9 40:8 44:7 50:24 51:6 formal 6:6 formally 6:1 formation 18:5 g garlington 2:20 general 23:13 35:23 generally 6:16 10:15 generating 30:8 generation 13:19 generic 40:17 give 6:4 16:16 22:15,16 24:16 25:2 28:22 given 23:25 41:25 55:12 go 7:19 11:4 25:1427:8 goal 42:6 43:12 goals 43:13 53:5 goes 8:25 27:4 29:7,20 31:7,22 32:9 34:4,22 40:13 51:20 going 5:9 9:16 10:9 12:13 13:10 19:5 21:5,13 23:3 28:4,22 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMON0046503 [going - izaak] going (cont.) heading 35:17 39:1 50:9 29:3,25 30:14,14,18 good headquarters 16:8 6:13 government health 27:2 45:19 8:17 24:2 graduating hear 6:7 5:13 great held 3:4 8:9,18 greater helena 47:4,15 2:17 greenpeace help 46:10,12 15:15 36:16 group helped 7:1,13 21:12,22,25 22:1 16:16 23:15 24:1 46:1 helpfully groups 36:3 16:20 18:1622:1326:11,12 helping 27:21,21 45:20,20 50:18 10:23 48:7 growth herbicides 15:9 20:16 guess herculean 10:1 11:3 12:10 13:19 5:20 17:25 25:5 34:11 37:9 hereunto 40:17 45:20 49:15 55:14 guessing hisorical 38:24 17:14 guidelines historical 15:14 18:23 22:4 24:1 32:19,25 gulf historically 5:23,24 27:11 44:23 h haffeman 3:2 half 24:24 31:9 hand 13:10 28:4 55:15 happened 18:17 hard 35:16 hare 45:15,22 harry 1:5 history 6:5 17:23,24 hit 26:6 hole 1:24 hooked 5:18 hoven 2:15 huh 16:1228:14 husch 2:10 i hatley idaho 3:2 12:7 haugen idea 1:5 24:16 33:4 hazardous identified 42:5,22 43:10 9:24 head identify 8:13 43:3 44:3 10:17 illinois 6:9,25 10:15,22 11:1,2 immediately 45:21 impact 20:25 29:10 48:1 impacted 17:2 implement 42:20 implied 48:10 imply 32:19 implying 39:10 important 38:20,21 include 37:25 39:7,11 40:5,6 included 11:9 43:7 including 16:23 inclusive 16:25 incorporated 6:3 45:9 index 3:7,11 india 20:1 indicated 5:8 6:24 14:23 16:4 18:13 28:18 44:3 52:19 54:4 indicating 32:8 indirect 18:1 indirectly 17:19,25 individual 10:3 individually 1:7 industry 43:4 44:8 45:20 46:13 influence 27:22 information 22:20 23:12 51:23 52:11 initially 13:23 45:15 initiative 19:22 inside 14:25 16:19 18:25 20:13 37:4 47:17 instance 22:25 instituted 15:13 instruct 22:21 23:8 intended 36:16 39:16 48:12 intent 18:17 interest 31:14 34:18,18 35:22,23 36:22 37:11,13,14,20 interests 37:16 interface 10:23 internal 15:15,17 18:22,23 19:16 internally 8:13 14:5 20:11,13 interpret 33:19 40:12 interrupt 11:4 introduce 4:1325:18 invades 22:20 involve 47:1 involved 9:25 10:17 11:10 13:18 47:14 49:17 involvement 11:5 17:10 involving 47:4 issuance 19:21 issue 36:4,4 38:20,22 39:23 issued 42:12 issues 9:18 10:21,24 16:7 21:4,13 21:22 22:4,7,10,11 27:3 38:6,12,19 47:5 48:7 51:15 52:4,4,7,9 izaak 45:25 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMON0046504 [jackson - methodically] j knowledge lewistown managed jackson 19:18 38:7 43:20 2:5 4:15 22:12 1:21,24 4:1 11:24 12:6 known limitations management 55:15 13:22 26:8 30:6 11:7 15:15 january krummrich limited manager 25:7 33:7 41:14,25 10:22____________________ 23:23 8:1 10:20,22 jay I limits mankind 45:15 jersey lack 31:23 32:16 34:4 10:25 lines 25:19 manner 6:11 7:9,11 28:20 joanna land 43:9 15:6 literature 15:2 41:18 manufactured 55:5,19 large 46:11 23:1 31:20 38:2 44:18 job 15:7 litigation manufacturing 6:20 7:20 largest 21:21 23:7,7,19 28:13 8:4 9:20 10:18 17:13 20:8 jobs 38:13 little 30:4,10 31:4 39:22 43:11 8:10 lasted 9:23 12:11 14:22 marked john 1:15 11:20,20 late live 10:5 12:1 38:3 13:1028:541:12,15,23 53:6 joined 8:5,12 10:16 13:2 15:12,19 lives marty 6:25 8:6 47:7 52:5 13:7 1:5 joins laughner living massachusetts 6:22 2:14 50:21 13:9 joint lawsuit loaned matter 49:1 35:21 6:14 17:1 judge 32:4 38:21 lawyers 24:12 located 10:6 11:1 12:9 matters 8:8 15:3,7,10,22 23:16 judicial leader lohn 28:20 47:25 1:1 july 47:17,17 leaders 2:20 look maxon 3:1 1:204:1 28:15 29:17 31:17 47:18 33:14 38:11 55:16 leadership justice 46:14 47:16,19 44:14 looking 18:12 26:8 29:13 32:2,3,7 mean 11:4 18:22 19:20 24:20 32:1 34:2 38:18 40:25 50:3 leading 43:7 44:20 48:15 meaning juxtapositioning 51:20 loss 39:11 26:3_____________________ league k 45:25 kaleczyc leave 2:15 7:18 keep leaving 46:25 52:10 10:18 key led 17:14 28:2 13:19 kind legal 10:10 14:19 18:3 21:7 21:24 22:17 23:5,15 34:23 22:16,24 23:13 40:16 51:23 39:11 know legislators 4:24,25,25 9:12,21 12:25 26:13 13:5,7,11 14:11 15:21 18:8 lettered 21:11 24:5 26:7,21 29:24 31:8 31:25 32:1,3,23 33:23 34:5 letters 35:19 36:4 38:15 40:2 51:14 50:19,23 51:1 52:3 level knowing 8:16 21:9,20 36:14 levels 20:5 21:18 10:1 means losses 37:11 10:1943:15 meant lot 20:9 26:2 34:7 16:3,15 18:14 20:4 22:4 meet 27:11,20 38:18 48:23 49:15 15:16 louis meeting 2:12 6:13 8:1 13:8 12:5 low meets 24:21,22_________________ 37:15 m mahoney 12:17 19:22 20:20 25:6,22 41:15,25 42:23 49:19 mahoney's 13:19 14:6 17:4 18:8 33:6 main 7:14 making 26:21 34:14 46:3,5,15,18 46:19 47:3 49:8 52:8 member 50:2 members 45:12 mentioned 46:1849:11 met 4:12 method 41:18 methodically 33:22 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46505 [methodologies - paragraphs] methodologies montana (cont.) notice (cont.) open (cont.) 45:8 34:17 35:11,22 38:1 39:8 51:20 52:15,20,20 53:4 michael 40:6,7,18 notifications openness 1:19 4:3,9 54:8,11 55:8,12 montanans 52:8 26:5 mid 34:17 35:22 number operated 7:17,25 13:2,4 15:1,3,12,19 morning 24:17,17,21,22 28:6 31:7 15:1 miles 19:19 41:13,16,24 42:4 43:4 51:5 operates 12:10 motel numbers 30:22 32:12 miller 1:21 24:23 operating 2:9 3:9 5:5,19 13:13 16:10 motivation o 8:2 38:23 21:17 22:19 23:4,16,18,22 37:17 25:1,24 27:4 29:19 31:22 move 32:15 34:3,21 35:10,13 15:15 oaas 2:3 3:8 4:7,14 5:4,6,16,21 13:15 16:1222:23 23:10,17 operations 11:8 17:2,3 20:8,12,22 28:21 43:11 47:1 49:7 22:9 36:1 38:15 39:9 40:8,11,25 moved 41:10 42:12 50:6,24 51:6 7:9 27:14 48:10 51:11,22 52:22 53:9 moving miller's 15:6 34:12 23:21 24:16 25:2 26:23 27:8 28:4,11 29:24 32:5,20 34:15 35:5,8,12,15 36:18 39:1 40:1,9,22 41:2,7 42:10 opinion 16:13 17:17 50:20 opposed 26:24 35:3 50:16 mt 50:9,13 51:3,7,9,19 52:2,17 48:3 mind 2:17,22 3:4 18:8 19:14 20:9 26:21 40:5 minute 28:22 name 4:8,10,14 n object 16:10 22:19,21 23:3 25:24 27:4 29:19 31:22 32:15 34:3,21 35:17 39:9 40:8 order 47:25 organization 15:4,7,8,16 minutes narrow 50:24 51:6,19 organizations 35:17 missoula 2:22 mistake 13:14,16 objection national 21:17 36:1 52:2,17 7:24 13:20 14:6 25:6 45:16 objections 49:18 50:3 35:9 46:10 ought 48:14 outside 26:7 mistakes 25:17,22 mo 2:12 nature 10:25 23:3 necessarily 38:24 39:18 40:21 necessary objective 45:2,3 observations 27:6 obtainable 26:20 47:3,4,25 outward 26:9 overall 25:10 monitoring 7:3 monsanto 1:133:13,14,154:18,18,19 35:1 necessity 34:25 need 14:14 obvious 39:22 occupation owner's 10:3,3____________________ P p.o. 4:21 5:2,3 6:1,8,9,18 7:25 22:2 29:8 37:19,20 5:22 2:16,21 3:3 8:3,4,6,14,18 9:6,19,20 10:13 11:16 12:20,22 13:12 13:17,22 14:4,20,21,25 15:7,13,23,24 16:3,5,8,22 17:9 18:6 19:2 20:13 21:3 21:11 24:6 26:24 28:12,16 needed 15:8 17:6 42:24 needs 13:16 new 21:25 22:5 24:8 office 2:4 7:21 49:24 55:15 officials 27:2 okay 6:16 10:4 11:15,23 12:1 page 3:8,9,13,14,15 19:6 25:15 30:1531:951:7 pages 55:11 paid 29:7 30:4,19 31:3,17,20 32:8,24 33:2,7,11,13 36:20 37:4,14 38:2,13,25 39:3,15 39:1740:341:13,1942:16 42:18 43:17,20,23 44:4,13 6:11 7:9,11 19:1 20:23,23 25:18 26:17,20 28:20 29:4 29:10 30:1 non 24:15,19 26:4 14:1921:9 22:1525:5 26:23 28:22 29:2 33:21 39:1 40:22 51:3 old 9:20 20:2 paint 1:15 panel 49:22 44:19 45:12 46:8,14,19,20 47:8 48:4 49:11 50:19,20 50:21 51:13,23 52:6,14,24 monsanto's norm 47:6,6 norms 27:10 oldest 33:14 once 14:2 panels 49:12 paragraph 19:1025:1429:14,1530:18 8:6 15:17 17:10,21,22 notary ongoing 31:13 19:23 32:13 42:3,7 47:24 montana 1:1,142:54:15,175:7 54:15 55:6 notice 27:5 31:23 34:5,22 40:14 11:14 22:6 25:13 42:25 paragraphs open 31:8 26:25 31:5 35:12,13 46:25 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMON0046506 [parks - proposed] parks persons policies priority 1:145:8 1:8 48:2 49:8 part persuaded policy privilege 6:10 12:2 13:23,24 16:6 28:25 3:14 7:24 18:6 31:12,17,19 22:21 23:8 17:20,24 22:9 34:1,9,13 Pharmacia 33:13,25 36:21 47:20 51:5 privileged 39:5 40:9,18,19,19 44:6 1:13 4:18,22,23 5:2 9:6 53:5,7 23:12 45:21 46:24 48:14 11:1628:1250:20 pollutants probably particular phone 19:23,24 17:13 38:23 5:1 9:21 14:16 23:2,19 5:18 6:22 polluted problem 31:24 36:13 phrase 38:3 36:8 37:23 38:13 particularly 32:5 pollution problems 20:2 piece 7:16 8:11 19:23 20:5 28:19 21:6,6,10 37:24 47:22 partners 5:20 23:19 30:15 31:12,16 32:6,9 33:4 proceedings 48:7 pierle 33:12,25,25 34:8 35:24 55:13 parts 1:19 4:3,9,12 5:21 6:3,4 36:20 39:2 48:8,8,21 49:2 process 22:14 9:22 13:15 23:5,14 34:2,24 50:22 51:4 36:15,15 37:13 46:19,21 party 35:19 36:19 40:22 41:11 polychlorinated processes 37:8 49:12 50:8,14 51:12,23 9:18 29:4,11 30:2 36:10,12 paulson 52:13 54:8,11 55:8,12 position 37:21 1:5 place 8:5,15,17,20,21 16:5 18:13 produced pcb 12:3 13:9 15:4 19:1522:5 32:19 5:2 10:1528:12 9:18 10:1821:1224:15,18 49:9 positioned product 24:19 placed 17:6 16:24,25 21:22 38:9 39:24 pcb's 43:13 positions production 9:25 10:2,7,10,12,15 11:6 plaintiffs 47:24 48:13,16 10:16 17:3,10,13 25:21 16:23 17:11,14,24 19:17 1:9,20 2:2 4:16 14:8 28:5 possible 44:14 52:20 21:4,6,9,12,19 22:8,10 23:1 28:12 34:16 35:21 41:24 18:1 products 24:5 25:8,21 27:3 30:5,10 53:6 post 16:23 20:23 21:1 29:4,11 31:4,21 32:25 34:19,25 plans 2:4 19:25 42:10 30:1 34:12,14 39:16,24 35:24 38:2,6,12 50:23 11:13 potential 44:18,21 45:1 51:16,25 52:1,5,11,15,20 plant 10:18 program 53:4 6:8,11,25 7:1,2,6,10 10:14 potentially 42:18 43:14 45:9 pearl 10:21,22,23 11:1 22:9 34:23 programs 1:21 28:19,20 39:21 43:21,23 preceded 11:13 15:18 17:21 20:3,10 people plants 24:5 43:12 49:2 16:19 22:1 24:4,8,13,23 26:11 46:25 predominantly progress 26:10 27:25 35:20 38:18 play 7:5 21:23 22:13 46:5 40:17 41:4 preparation project people's plaza 9:24 7:15 24:6 2:11 president projects percent please 1:6 8:16 24:2 10:19 11:11 22:12 19:24 24:24,24,24,25 25:4 4:8,10 5:22 10:11 35:7 49:5 press promoted 43:13,21,24 45:9 pledge 43:2 45:17 percentage 3:13,15 5:3 13:12,17,22,24 presume prong 24:17 25:10 14:10,16,21 15:23 16:2,8 36:13 42:15 44:12 period 16:22,24 17:9,15,16 18:4 pretty prongs 6:14,19 11:22 19:25 22:14 18:12,22 19:2,3,15,21 13:13 14:24 21:3 35:16 44:13 46:9 47:13 26:1433:8,12,1741:13,19 36:10 40:1 42:17 46:1 pronounced persistence 42:3,9,12,16,21 43:2 44:5 primarily 11:3 51:16 52:1 44:12,13,1745:4,13,14,18 7:3 properties person 46:3,4,7,9,17,22 47:2 48:5 primary 10:3 5:2 7:12 8:14 49:4 50:21 53:7 44:23 property personal point principally 10:1,2,3 11:23,25 34:16 16:12 18:20 27:6,24 35:3 7:5,12 17:5 7:22 9:3,17 22:8 35:21 personally points prior proposed 16:11 17:2547:14 43:8 12:23 19:21 42:21,23 43:1 29:4,10 30:1 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMON0046507 [protection - right] protection reading 8:2 10:20 36:23 provide reads 22:3 25:18 26:20 28:25 30:19 31:12 33:25 providing really 20:25 47:21 51:24 15:23 16:2 18:5 24:12,20 public 24:20,22 26:21 27:9 28:2 15:21 16:16 20:4 26:4,4 38:20 44:20 46:18 27:1,13,17 30:20 31:14 reasonable 32:10 34:18 35:23 36:22 25:3 37:11,13,16,20 39:4,14,20 recall 39:21 40:4,5,10,18,20,20 14:12,18 21:7 24:20 42:19 41:20 42:23 46:15,21 47:20 received 52:6 54:15 55:6 45:12 46:2 publics recognition 27:22 15:5 44:4,7 45:11,21 public's recognitions 15:21 50:17 purpose recognized 23:6 30:11 30:19 32:9 34:7 39:3 40:4 pursuant 45:25 46:13 5:3 recognizing pursuing 29:8 23:6 record pushed 4:145:6,15,169:1523:11 28:1 25:16 28:11 29:12 30:23 put 55:11 5:16 15:4 21:15 rectify q 25:16 question 13:14 16:11 23:1328:6 29:23 32:16 33:11,19 34:4 recycle 45:1,7 reduce 34:22 35:5,12,16 36:3,7,13 36:18 37:15 38:10 39:10,25 40:1,17 50:25 51:3,21 52:19 10:19 19:23 20:4,7,11 43:12,20 44:14,24 45:6 49:6 reducing questions 20:22 42:5 43:23 28:24 36:6,9,17 41:12 50:6 50:10,16 quite 18:21 46:16 quote 46:11 reduction 29:8 43:13 49:2 refer 4:19 9:9 19:6 37:2 reference 3:126:19 19:17 referring r 9:12 14:15 25:22 29:5 radar 31:1042:10 21:10 refers ranch 31:3 42:4 1:7 reflect ray 41:18 1:6 reflected read 42:17 25:15 26:14 28:23 29:12 reformulated 30:23 31:14 49:5 53:13 8:13 54:3 regard 33:25 regulation required 43:19 43:20 regulations requirements 7:23 11:13 15:17 regulators residence 26:12 27:12,16,20 47:11,12 12:13 48:4,6 residents regulatory 39:7 40:6,7 7:14 8:7 10:24 15:6 18:15 resolve 23:19 27:1,25 35:1 48:19 48:7 48:23 resources related 22:2 23:14 9:18 10:1 16:25 24:15 respect 28:20 11:6,12 12:19 15:2,17,25 relates 17:21 18:23 19:5 20:22 32:16 21:19,21 22:11 23:18,25 relating 24:13 33:7 42:2,14,21 27:3 44:12 45:13 47:11 51:4 relationship 52:11,14 18:3 28:3 39:23 responding relationships 24:11 11:12 27:25 response relative 50:16 52:19 11:11 17:1 24:21 38:16,17 responsibilities release 6:20 7:10 11:9 30:20 39:4 43:8 39:11,14 releases responsibility 42:5,22 21:23 32:10 39:19,24 40:4 relevant responsible 36:9 7:22 39:15,18,19 rely rest 27:15 36:24 38:24 remedial result 34:25 49:3 remediated resulted 34:20 43:3 remember results 24:23 21:1 repeat retained 29:22 35:5 13:3 reported retired 22:13 49:20 5:25 8:18 11:14 reporter retirement 55:5 9:1,2 11:15,18 12:1 reporting retiring 1:24 7:4 6:10 8:21 reports returned 7:23 7:25 represent reuse 4:15 44:18,25 45:5,7 representative reviewing 27:13 7:22 representing richard 5:11 12:1633:641:14 request right 49:16 4:20 15:21 18:19 23:21 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46508 [right - Stephen] right (cont.) seen sit 33:24 35:18 41:23 9:7 14:8,10,11,12,1525:25 19:19 robinson 27:24 28:6 site 2:20 selling 3:13 7:2 8:11 9:4,20 11:11 robison 30:5,7 31:4 34:14 14:1422:9,11 1:6 senate sites role 49:13,14,16,20,21,23 39:21 9:4 10:20 11:6 13:3 15:22 sent sitting 15:25 24:12 41:4 47:9,11 51:13 36:14 47:16,19 sentence situated roles 19:10,12,20 29:15,25 32:6 1:8 7:3 39:2,5 situation rooted separate 37:25 33:18,22 43:1 six roots serve 44:13 18:5 33:12 49:22 50:2 small rough served 22:1 25:9 24:16 49:12 smaller rule set 7:10 5:3 15:1355:15 sold rundown settlement 23:2 31:21 6:5 41:5 solely s seven safety 8:17 sale 17:10,14 25:21 30:10 52:15 44:13 shaped 17:22 shareholders sales 53:4 sampling 7:13 satisfy 30:21 32:11 shelved 21:15 shore 5:23,24 42:15 sauget 11:2,3 saw shortly 4:12 show 19:4 5:19 side saying 20:20 35:15 says 19:1031:1837:1939:3 scientific 24:7 8:4 33:9,9 46:13 sign 53:13 signature 54:5 signed scope 23:23 27:5 29:21 34:5,22 40:13 45:22 51:20 seal 55:15 41:14 significant 46:1 similar 7:10 43:5,11 44:9 52:8 search 49:6 second 19:6 25:15 45:1 similarly 1:8 simple 40:2 secure simply 44:8 seeing 34:18 35:23 19:11 20:10 sir 41:8 27:15 48:10 solid 8:11 solutia 3:13 5:25 6:10,18 8:19,21 9:6 11:16,19 solutia's 14:14 solution 16:6 37:23 solutions 47:21 48:16,20 somewhat 13:14 sorry 8:20 sort 8:12 10:22 13:25 14:23 15:5,14 17:24 18:20 19:25 24:7 26:3,15 27:16 32:19 37:1 45:1 48:9,13 52:8,10 sources 10:17 southeast 12:11 southern 7:11 speaking 40:14,21 special 44:4 specialist 28:19 specific 13:16 16:24 specifically 49:3 specifics 23:11 speculation 25:1 speech 13:19,20,24,25 14:6 18:11 25:6 41:24 45:17,23 spell 4:10 spent 6:10 14:23 27:10 sphere 48:19 spring 10:6 34:16,19 35:1,25 50:23 springs 51:2 spun 8:19 st 2:12 6:13 7:25 13:8 staff 8:7,10 25:8 staffing 24:21 stakeholders 27:22 28:3 standpoint 17:4 27:24 start 44:24 started 10:14 state 4:8 5:21 7:4 18:4 26:19 31:6 39:8 40:6 47:23 48:19 55:1,7 statement 3:14 17:15 25:25 26:6,22 30:25 31:2 32:2,3,7,14,18 33:2,6,15 37:19 42:17,21 45:23 51:5 53:7 statements 18:6 19:3 33:5,13 37:8 38:8 51:4 states 15:1025:16 stayed 6:9 8:4,17,19,20 Stephen 2:19 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMON0046509 [steve - ultimate] steve 5:10,13,17 50:9 strategically 20:12 stream 10:5,6 38:3 streams 7:4 structure 15:4 37:1 struggle 37:6 stuff 18:24 subject 17:1 23:7,16 35:2 39:12 subparagraph 33:24 subscribed 54:10 subsequent 14:1 45:24 substantial 20:19 42:18 success 44:1 successes 46:7 successful 43:23 successfully 46:9 sufficient 27:16 suit 4:16 suite 2:11 summary 10:11 superfund 8:11 49:18 supervising 7:6 supplied 23:15 support 23:25 25:12,12 supported 49:19 suppose 45:3 sure 5:1 28:25 36:2 48:12 surprising 46:16 surrounded 42:3 surrounding 21:4 38:12 suspect 14:17 37:5 suspended 52:21 suspending 53:3 sworn 4:4 54:10 55:8 system 30:9,11 52:15,20,21 systematically 29:10 systems 7:16 31:5 53:4 t taken 1:1943:17 talk 1619 talked 261 talking 109 target 4423 team 1023 technical 21:25 22:2,16,25 23:13 24:7 technologies 20:24 25:18 45:4 48:20 technology 26:17,19 48:22,25 49:1,6 49:24 telephonic 2:19 tell 8:24 10:1021:9 23:10 28:16 36:23 51:22 ten 20:18 24:24 tenor 35:16 tenth 1:1 term 47:16 termed 15:21 30:9 terminology 14:4 33:16 34:7 terms title 18:2 23:13 47:9 8:1 13:24 testifies titled 4:4 29:3 30:15 testify today 40:23,25 55:8 14:9 36:14 testifying top 47:23 49:16 29:2 49:8 testimony topic 32:25 50:15 54:4 55:12 17:1 teton torger 55:3,6 2:3 4:14 thank tough 41:7 50:7 53:9 27:9 thematically toxic 33:10 19:24 20:2 42:5,22 43:10 theme toxicology 47:2 24:3 theory toxins 33:4 43:15 thid trace 14:16 34:25 thing transactions 16:9 21:5 9:5 things transcript 10:25 16:15 23:2 37:4,18 54:3 55:10 42:19 44:10 transparency think 26:5 28:2 8:1 9:7,8 16:8 17:4,18,20 transparent 18:11 20:20 22:4 23:4,24 15:24 26:11,25 46:21 47:3 26:16 27:9,13 30:6 31:2 transportation 33:9 36:19,20,25 37:9,10 34:11 37:19 38:10 39:15,23 41:7 treat 42:20,23 46:23 47:15 48:11 45:4 49:15 52:18 treatment thinks 7:6,15 45:8 37:13 trial thought 40:24 41:1,2 11:3 35:10 tried throw 5:17 45:22 18:25 true tier 18:4 29:17 33:2 55:11 45:2,3 truth tighe 55:9,9,9 3:2 try time 16:6 19:3 6:2,11,12,197:5,18 11:14 trying 11:22 12:25 15:12 17:5 21:1525:5 27:18 18:14 19:25 20:1221:14 typically 22:17,17,17 24:17 26:8 34:6 46:12 27:10,11 28:17,18 30:12 31:20 36:24 38:14 44:2,4 45:18 47:12 49:18 50:7 52:4 times 31:3 u uh 16:1228:14 ultimate 42:6 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46510 [ultimately - zero] ultimately w worked 12:21 waiters understand 55:5,19 12:23 13:23 18:10 34:9 walton 38:5 52:7 45:25 understanding want 10:4 16:17 21:3 37:22 47:5 5:1 28:23 29:24 35:5,19 47:20 40:2 50:19,23 undertake wanted 43:11 16:5 undertaken ward 19:22 36:16 42:8,15 44:11 1:6 46:20 52:23 Washington undertaking 6:15 7:20 44:5 46:9 waste undertakings 7:6 8:11 20:4,11 44:14,22 45:14 45:1,4 49:7 undertook water 52:14 7:4,6,16 8:8,10 43:9 unit ways 5:24 10:16,18 38:23 26:20 44:14,18,21 united web 15:10 3:13 14:14 units went 8:3 21:3 24:22 40:23 unpollute west 19:11 20:7 1:21 use whereof 14:5 20:14 30:9 38:5,7 40:5 55:14 52:20,21 wildlife uses 1:14 5:8 13:20 14:7 25:7 52:16 53:4________________ 45:12,17 v william 7:2,16 11:15 12:22 24:10 36:10 working 6:8,11,12 7:15,20 10:14 16:3,15 18:24 20:3 28:20 42:6 world 15:5 19:11 20:5 worldwide 15:11,1349:6 written 41:20 wrong 9:8 wrote 18:11 Wyoming 1:21 4:1 11:24,25 12:6,9,14 55:1,7,15_________________ y year 6:13 7:18 12:2 46:2 years 7:3 10:12 11:18,20 12:23 14:25 20:18 yield 36:12____________________ z zero 42:6 43:12 value 1:5 10:1 willingness variety 26:10 47:25 witness various 3:7 4:4 21:18 22:22 23:24 7:3 8:10 10:21 11:11 12:24 25:25 28:25 29:22 31:24 versus 32:1,18 34:6 36:2 38:16 24:19 26:4 39:1340:1651:1 52:3,18 vice 55:14 8:16 24:2 wondered view 12:5 47:11 48:3 word viewed 40:5 47:9 words vis 5:24 14:11,20 50:21 47:10,10 work volume 5:186:2,14,24 7:13,13,14 45:5 7:198:25 9:3,6 10:17 11:13 voluntarily 11:21 18:15 19:2,3,5 20:21 43:17 52:23 24:5,6,7,15,18 25:10,12,13 voluntary 42:24 48:25 49:16,18 50:17 53:1,3 50:19 Pierle, Michael (Monsanto's 30(b)(6) Witness) in PAULSON TOWOLDMONOQ46511