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EPA Sued for Failure to Release Glyphosate Documents

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EPA Sued for Failure to Release Glyphosate Documents
Photo credit: Wikimedia Commons

U.S. Right to Know, a consumer advocacy organization, filed a federal lawsuit Thursday against the U.S. Environmental Protection Agency (EPA) for violating provisions of the Freedom of Information Act (FOIA). Public Citizen Litigation Group, a public interest law firm in Washington, DC, is representing U.S. Right to Know in the action.


The lawsuit, filed in the U.S. District Court in Washington, DC, seeks documents related to EPA's assessment of a controversial chemical called glyphosate. Glyphosate is the most widely used herbicide in the world and is the key ingredient in Monsanto's branded Roundup herbicides as well as other weed-killing products. Concerns about the chemical have grown since the World Health Organization in 2015 said its cancer experts classified glyphosate as a probable human carcinogen. Other scientists have also said research shows safety problems with the chemical and the formulations its used in.

U.S. Right to Know requested the EPA records after the EPA posted an internal memorandum titled GLYPHOSATE: Report of the Cancer Assessment Review Committee (CARC) to the agency's website on April 29, 2016. The internal EPA report, known as the CARC report, concluded that glyphosate was "not likely to be carcinogenic to humans." The EPA then deleted the public posting on May 2, 2016, saying that the document was posted inadvertently. But before it was deleted Monsanto officials copied the document, promoted it on the company website and on social media and made reference to it in a court hearing dealing with lawsuits filed by agricultural workers and others who allege Monsanto's herbicide gave them cancer.

The May 12, 2016, FOIA request asked for certain records relating to the CARC report on glyphosate as well as records of communications between Monsanto and EPA officials that discussed glyphosate issues. Under FOIA, the EPA had 20 working days to respond to the request, but well over 190 working days have now passed and the EPA has yet to produce any records in response to the request. The EPA has also failed to comply with similar, more recent FOIA requests made by U.S. Right to Know for documentation of EPA dealings with Monsanto regarding glyphosate, though those requests are not part of this lawsuit.

The lawsuit specifically claims that U.S. Right to Know has a statutory right under FOIA to the requested records and that EPA has no legal basis for refusing to produce these records. The complaint asks the court to order EPA to make the requested records promptly available.

A plume of smoke from wildfires burning in the Angeles National Forest is seen from downtown Los Angeles on Aug. 29, 2009 in Los Angeles, California. Kevork Djansezian / Getty Images

California is bracing for rare January wildfires this week amid damaging Santa Ana winds coupled with unusually hot and dry winter weather.

High winds, gusting up to 80- to 90 miles per hour in some parts of the state, are expected to last through Wednesday evening. Nearly the entire state has been in a drought for months, according to the U.S. Drought Monitor, which, alongside summerlike temperatures, has left vegetation dry and flammable.

Utilities Southern California Edison and PG&E, which serves the central and northern portions of the state, warned it may preemptively shut off power to hundreds of thousands of customers to reduce the risk of electrical fires sparked by trees and branches falling on live power lines. The rare January fire conditions come on the heels of the worst wildfire season ever recorded in California, as climate change exacerbates the factors causing fires to be more frequent and severe.

California is also experiencing the most severe surge of COVID-19 cases since the beginning of the pandemic, with hospitals and ICUs over capacity and a stay-at-home order in place. Wildfire smoke can increase the risk of adverse health effects due to COVID, and evacuations forcing people to crowd into shelters could further spread the virus.

As reported by AccuWeather:

In the atmosphere, air flows from high to low pressure. The setup into Wednesday is like having two giant atmospheric fans working as a team with one pulling and the other pushing the air in the same direction.
Normally, mountains to the north and east of Los Angeles would protect the downtown which sits in a basin. However, with the assistance of the offshore storm, there will be areas of gusty winds even in the L.A. Basin. The winds may get strong enough in parts of the basin to break tree limbs and lead to sporadic power outages and sparks that could ignite fires.
"Typically, Santa Ana winds stay out of downtown Los Angeles and the L.A. Basin, but this time, conditions may set up just right to bring 30- to 40-mph wind gusts even in those typically calm condition areas," said AccuWeather Senior Meteorologist Mike Doll.

For a deeper dive:

AP, LA Times, San Francisco Chronicle, Washington Post, Weather Channel, AccuWeather, New York Times, Slideshow: New York Times; Climate Signals Background: Wildfires, 2020 Western wildfire season

For more climate change and clean energy news, you can follow Climate Nexus on Twitter and Facebook, sign up for daily Hot News, and visit their news site, Nexus Media News.

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