Monsanto shouldn’t be able to get out of Delaware’s environmental impact case just because it wasn’t the company that physically brought harmful chemicals into the state, Deputy Attorney General Ralph K. Durstein III argued before the state Supreme Court on Wednesday.

The DOJ’s appeal seeks a new chance to litigate claims against the polychlorinated biphenyl (PCB) manufacturer now part of Bayer, which were dismissed in Superior Court last summer for failure to state a claim.