Judge Blocks Monsanto's Bid to Stop California From Listing Glyphosate as Carcinogenic

California could become the first state to require Monsanto to label its glyphosate-based herbicide, Roundup, as a possible carcinogen following Fresno County Superior Court Judge Kristi Kapetan's tentative ruling on Friday.

Monsanto's best-selling Roundup herbicide.Flickr

The tentative ruling regards the agrochemical giant's Jan. 2016 lawsuit against California's Environmental Protection Agency's Office of Environmental Health Hazard Assessment (OEHHA). In Sept. 2015, the OEHHA issued plans to list glyphosate as a possible cancer threat under the Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65. The OEHHA made the decision following the France-based International Agency for Research on Cancer (IARC) findings that glyphosate is "probably carcinogenic to humans (Group 2A)" in March 2015.

In its lawsuit, Monsanto claimed that the listing was unconstitutional because the OEHHA delegated law-making authority "to an unelected and non-transparent foreign body that is not under the oversight or control of any federal or state government entity."

However, California lawyers argued in its motion to dismiss the lawsuit that the IARC's scientific determinations are "the gold standard in carcinogen identification."

According to the Associated Press, Judge Kapetan will issue a formal decision soon. OEHHA spokesman Sam Delson told the AP that state regulators are waiting for the judge's formal decision before moving forward with the warning labels. Once a chemical is listed a as probable carcinogens, the manufacturer has a year before it must attach the label, Delson added.

Monsanto attorney Trenton Norris argued that consumers would stop buying Roundup after seeing the labels and cause immediate financial consequences for the company.

"It will absolutely be used in ways that will harm Monsanto," he said.

The company plans to challenge the ruling and insists on the safety of glyphosate, which is the most widely applied agricultural chemical in the world. Glyphosate is sprayed onto "Roundup Ready" crops that are genetically modified to resist applications of the spray.

"The agency's flawed and baseless proposal to list glyphosate under Proposition 65 not only contradicts California's own scientific assessment, but it also violates the California and U.S. constitutions," said Samuel Murphey, a Monsanto spokesman. "Monsanto will continue to challenge this unfounded proposed ruling on the basis of science and the law."

On the same day of the hearing, environmental lawyer Robert F. Kennedy, Jr. and the law firm of Baum, Hedlund, Aristei & Goldman held a press conference outside of the Fresno courthouse in support of the OEHHA.

"This listing is not going to put them out of business. It's just going to warn people before they use their product that this product might cause cancer, and you better limit your use to protect yourself and to protect your families," Kennedy said at the press conference. "It's called a precautionary principal. Who wouldn't want to know that?"

"Why does this company not want these farm workers to know that this chemical may endanger them and may endanger their families," Kennedy continued. "Why did [Monsanto] hire these great lawyers to come here to shut California up and to stop California from protecting these people?"

Arturo S. Rodriguez, president of the United Farm Workers of America as well as several of Baum Hedlund's and Kennedy's California Roundup cancer clients also spoke a the press conference.

"My husband Jack was very conscious of the dangers of chemicals and his misfortune was taking Monsanto's word that Roundup was safe," said Teri McCall, who believes that a warning label would have saved her husband Jack's life.

Teri McCall claims Roundup caused her husband of 40-years to develop terminal cancer after he used the herbicide on his 20-acre fruit and vegetable farm for more than 30 years.

"I don't want to see any more unsuspecting people die from cancer because they didn't know of the danger to their health from exposure to Roundup," she added. "Glyphosate in Roundup needs to be on the list of Prop 65 chemicals that are dangerous to our health so that people can make informed decisions for themselves about the risks they are willing to take. I don't believe my husband would have been willing to take that risk."

Dr. Nathan Donley, senior scientist at the Center for Biological Diversity and a former cancer researcher, praised the judge's tentative ruling.

"California's wise decision to require labeling of the controversial pesticide Roundup to clearly state that it may cause cancer is based on the world's most reliable, transparent and science-based assessment of its active ingredient, glyphosate," he said in a statement provided to EcoWatch.

"We are pleased that the court is upholding consumers' right to make well-informed, fact-based choices about the known risks of a product before purchasing it and support California in its commitment to protecting people and the environment from dangerous toxins."

The Fresno judge's tentative ruling was not the only blow to Monsanto in court. The company's years-long efforts to introduce commercial GMO (genetically modified) corn was blocked by a Mexican court last week.

According to Reuters, the court upheld a late 2013 ruling that temporarily halted even pilot plots of GMO corn following a legal challenge over its effects on the environment.

As Reuters explained, "Critics say genetically modified corn plantings will contaminate age-old native varieties and that toxins designed to protect the GMO grain against pests may be linked to elevated insect mortality."

Show Comments ()

Trump Administration Offers 77 Million Acres in Gulf of Mexico to Oil Industry

The Trump administration is holding the biggest offshore oil and gas lease auction in U.S. history Wednesday, offering all 77 million acres of unleased, available federal waters in the Gulf of Mexico.

The sale comes as administration officials seek to rescind drilling safety rules approved after the BP Deepwater Horizon disaster, reduce royalties paid by oil companies, and expand offshore drilling into every ocean in the country.

Keep reading... Show less
Administrator of the Environmental Protection Agency Scott Pruitt. Mitchell Resnick

Pruitt to Restrict Use of Scientific Data in EPA Policymaking

In the coming weeks, U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt is expected to announce a proposal that would limit the type of scientific studies and data the agency can use in crafting public health and environmental regulations.

The planned policy shift, first reported by E&E News, would require the EPA to only use scientific findings whose data and methodologies are made public and can be replicated.

Keep reading... Show less
Mity / Flickr / CC BY-NC-ND 2.0

20% of U.S. Diets Responsible for Almost Half of Country’s Food-Related Emissions, Study Finds

If you've been deliberating about going vegetarian, a study published Tuesday in Environmental Letters might give you the final push.

Keep reading... Show less
Sea Shepherd small boat assists the Liberian Coast Guard to chase down the F/V Hai Lung. Sea Shepherd

Notorious Toothfish Poacher Arrested by Liberian Coast Guard, Assisted by Sea Shepherd

A notorious Antarctic and Patagonian toothfish poaching vessel, famous for plundering the Antarctic, was arrested on March 13 in waters belonging to the West African state of Liberia by the Liberian Coast Guard, with assistance from the marine conservation group Sea Shepherd.

The F/V Hai Lung, known to the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) by its previous name "Kily," was transiting through Liberian waters when it was boarded and inspected by a Liberian Coast Guard team working alongside Sea Shepherd crew on board Sea Shepherd's patrol vessel M/Y Sam Simon.

Keep reading... Show less

7 Must-See Films at the 42nd Cleveland International Film Fest

It's that time, again!

EcoWatch is proud to be a media partner of the Cleveland International Film Festival (CIFF), now celebrating its 42nd year. This year, EcoWatch is honored to be sponsoring Anote's Ark. This documentary spotlights Kiribati, a small remote island facing devastating effects due to climate change.

Keep reading... Show less
Commissioner Margrethe Vestager, in charge of competition policy, said: 'We have approved Bayer's plans to take over Monsanto because the parties' remedies, worth well over €6 billion, meet our competition concerns in full.' EU Commission Twitter

EU Approves Controversial Bayer-Monsanto Merger

The European Union approved Bayer's takeover of Monsanto, a major hurdle in the $66 billion merger that would create the world's largest integrated seed and pesticide conglomerate.

The European Commission said the German chemical-maker's takeover of the St. Louis-based agribusiness giant is "conditional on an extensive remedy package, which addresses the parties' overlaps in seeds, pesticides and digital agriculture."

Keep reading... Show less
Todd Porter & Diane Cu

How Much Daily Activity You Need to Burn off 9 Healthy (But High-Calorie) Foods

By Luke Doyle

A healthy lifestyle is fueled by nutrient-rich foods that give your body the energy it needs. But some of these foods come with high calorie counts and the "healthy" label doesn't mean it's okay to consume unlimited amounts of them.

Keep reading... Show less
Marine debris laden beach in Hawaii. NOAA Marine Debris Program / Flickr

Ocean Plastic Projected to Triple Within Seven Years

If we don't act now, plastic pollution in the world's oceans is projected to increase three-fold within seven years, according to a startling new report.

The Future of the Sea report, released Wednesday for the UK government, found that human beings across the globe produce more than 300 million metric tons of plastic per year. Unfortunately, a lot of that material ends up in our waters, with the total amount of plastic debris in the sea predicted to increase from 50 million metric tons in 2015 to 150 million metric tons by 2025.

Keep reading... Show less


The best of EcoWatch, right in your inbox. Sign up for our email newsletter!