Quantcast
Environmental News for a Healthier Planet and Life

Help Support EcoWatch

Monsanto, California Battle Over Listing Glyphosate as a Carcinogen

Popular
Monsanto, California Battle Over Listing Glyphosate as a Carcinogen
Since 1974, when Roundup was first commercially sold, more than 1.6 billion kilograms (or 3.5 billion pounds) of glyphosate has been used in the U.S. Photo credit: Flickr

Next week, Monsanto and California's Environmental Protection Agency's Office of Environmental Health Hazard Assessment (OEHHA) will face off over the agency's plan to list the herbicide glyphosate as a carcinogen. The outcome of this legal battle could have major ramifications to California's long-established regulatory program.

It all started back in Sept. 2015 when the OEHHA issued a notice of intent to list the chemical as known to the state to cause cancer under the Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65. The OEHHA determined that glyphosate met the criteria under the "Labor Code" listing mechanism, which directs the office to add a chemical or substance to the Prop 65 list of known carcinogens if it meets certain classifications by the World Health Organization's International Agency for Research on Cancer (IARC). The France-based IARC concluded that glyphosate is "probably carcinogenic to humans (Group 2A)" in March 2015.

Monsanto then filed a lawsuit against the OEHHA in January 2016 to prevent the listing, arguing that the Labor Code listing mechanism is unconstitutional because the office 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."

Glyphosate happens to be the main ingredient in Monsanto's Roundup, the world's most popular herbicide. The chemical is applied onto "Roundup Ready" crops that are genetically modified to resist applications of the spray. The agribusiness giant has long maintained the safety of their flagship product and has vehemently denied glyphosate's link to cancer and has also demanded a retraction of the IARC's report. The company's lawsuit also cited the OEHHA's own 2007 study concluding that the chemical was unlikely to cause cancer.

In response, the OEHHA filed a motion to dismiss Monsanto's lawsuit. The office asserted in its motion that the listing mechanism "simply provides a way for OEHHA to make the most of scarce resources." According to the motion, IARC's scientific determinations are "the gold standard in carcinogen identification," and are trusted and relied upon by state governments, the federal government and foreign governments alike.

At the upcoming Jan. 27 hearing in Fresno Superior Court, both sides will make their arguments before a judge decides whether to dismiss the case or allow it to proceed.

"Monsanto's lawsuit is significant for a number of reasons," Kevin Haroff and Marina Cassio of Marten Law wrote in a blog post. "It raises fundamental issues over how scientific health assessments can appropriately be used as the basis for governmental actions, with broad-reaching implications for both consumers and the overall economy. As a practical matter, it also challenges a key element of a unique California regulatory program that has now been in place for three full decades."

The OEHHA's Labor Code listing mechanism using IARC's classification scheme has been tested in court before. In 2013's Styrene Information & Research Center v. Office of Environmental Health Hazard Assessment (SIRC v. OEHHA), the trial court and appeals court determined that the OEHHA could not just rely on the IARC's classification scheme to list a chemical as a known carcinogen in the state. Rather, the court decided that a listing must always be supported by a finding that the chemical in fact is known to the state to cause cancer. In the end, the OEHHA was required to reevaluate four listed substances and six substances under consideration for listing.

"Put another way, an IARC Group 1 or 2A classification decision could create a presumption that a chemical must be listed as a known carcinogen under Proposition 65; however, court decisions construing the application of the Labor Code listing mechanism and similar provisions suggest that at least in some circumstances the presumption should be a rebuttable one," Haroff and Cassio point out.

"This may be important to how the courts will respond to Monsanto's legal challenge to OEHHA's proposed glyphosate listing," the authors continue. "Monsanto's argument that Proposition 65 improperly delegates lawmaking power to IARC assumes that OEHHA plays no independent role in identifying chemicals known to the state to cause cancer using the Labor Code listing mechanism. OEHHA could counter that that it does play an independent role, since under SIRC v. OEHHA, it has an independent obligation to find that there is evidence sufficient to establish that a chemical is 'known to the state of California' to cause cancer."

On the same day of the hearing, environmental lawyer Robert F. Kennedy, Jr. and the law firm of Baum, Hedlund, Aristei & Goldman will hold a press conference in Fresno in support of the OEHHA. The press conference will take place outside the courthouse at Noon PST and EcoWatch will stream the event live on Facebook.

Kennedy and Michael L. Baum, senior partner at Baum Hedlund, will speak in support of the state of California's motion to dismiss the lawsuit. Arturo S. Rodriguez, president of the United Farm Workers of America, will speak in support of protecting farm workers from harmful herbicides and pesticides.

Several of Baum Hedlund's and Kennedy's California Roundup cancer clients will also be speaking at the press conference.

Since Monsanto's lawsuit was filed, a number of organizations have intervened on both sides. The organizations that support California's OEHHA include the AFL-CIO, Center for Food Safety, Sierra Club, Canadian Labor Congress, Natural Resources Defense Council and the Environmental Law Foundation.

The organizations supporting Monsanto include California Citrus Mutual, California Cotton Ginners & Growers Association, California Grain and Feed Association, Almond Alliance of California, Western Plant Health Association and Western Agricultural Processors Associations.

The OEHHA has received more than 9,300 written comments in response to the listing. The comments are mostly from individuals and groups supporting the proposed listing. Monsanto, chemical producers and industry groups have also submitted comments opposing the listing. The public comment period is now closed, and OEHHA has yet to take final agency action on the listing.

EcoWatch Daily Newsletter

A resident works in the vegetable garden of the Favela Nova Esperanca – a "green favela" which reuses everything and is subject to the ethics of permaculture – in the outskirts of Sao Paulo, Brazil, on Feb. 14, 2020. NELSON ALMEIDA / AFP via Getty Images

Farmers are the stewards of our planet's precious soil, one of the least understood and untapped defenses against climate change. Because of its massive potential to store carbon and foundational role in growing our food supply, soil makes farming a solution for both climate change and food security.

Read More Show Less
Once the virus escapes into the air inside a building, you have two options: bring in fresh air from outside or remove the virus from the air inside the building. Halfpoint Images / Getty Images

By Shelly Miller

The vast majority of SARS-CoV-2 transmission occurs indoors, most of it from the inhalation of airborne particles that contain the coronavirus. The best way to prevent the virus from spreading in a home or business would be to simply keep infected people away. But this is hard to do when an estimated 40% of cases are asymptomatic and asymptomatic people can still spread the coronavirus to others.

Read More Show Less
California Senator Kamala Harris endorses Democratic presidential candidate Joe Biden at a campaign rally at Renaissance High School in Detroit, Michigan on March 9, 2020. JEFF KOWALSKY / AFP via Getty Images

Former Vice President Joe Biden made a historic announcement Tuesday when he named California Senator Kamala Harris as his running mate in the 2020 presidential election.

Read More Show Less
An aerial view taken on August 8, 2020 shows a large patch of leaked oil from the MV Wakashio off the coast of Mauritius. STRINGER / AFP / Getty Images

The tiny island nation of Mauritius, known for its turquoise waters, vibrant corals and diverse ecosystem, is in the midst of an environmental catastrophe after a Japanese cargo ship struck a reef off the country's coast two weeks ago. That ship, which is still intact, has since leaked more than 1,000 metric tons of oil into the Indian Ocean. Now, a greater threat looms, as a growing crack in the ship's hull might cause the ship to split in two and release the rest of the ship's oil into the water, NPR reported.

On Friday, Prime Minister Pravind Jugnauth declared a state of environmental emergency.

France has sent a military aircraft carrying pollution control equipment from the nearby island of Reunion to help mitigate the disaster. Additionally, Japan has sent a six-member team to assist as well, the BBC reported.

The teams are working to pump out the remaining oil from the ship, which was believed to be carrying 4,000 metric tons of fuel.

"We are expecting the worst," Mauritian Wildlife Foundation manager Jean Hugues Gardenne said on Monday, The Weather Channel reported. "The ship is showing really big, big cracks. We believe it will break into two at any time, at the maximum within two days. So much oil remains in the ship, so the disaster could become much worse. It's important to remove as much oil as possible. Helicopters are taking out the fuel little by little, ton by ton."

Sunil Dowarkasing, a former strategist for Greenpeace International and former member of parliament in Mauritius, told CNN that the ship contains three oil tanks. The one that ruptured has stopped leaking oil, giving disaster crews time to use a tanker and salvage teams to remove oil from the other two tanks before the ship splits.

By the end of Tuesday, the crew had removed over 1,000 metric tons of oil from the ship, NPR reported, leaving about 1,800 metric tons of oil and diesel, according to the company that owns the ship. So far the frantic efforts are paying off. Earlier today, a local police chief told BBC that there were still 700 metric tons aboard the ship.

The oil spill has already killed marine animals and turned the turquoise water black. It's also threatening the long-term viability of the country's coral reefs, lagoons and shoreline, NBC News reported.

"We are starting to see dead fish. We are starting to see animals like crabs covered in oil, we are starting to see seabirds covered in oil, including some which could not be rescued," said Vikash Tatayah, conservation director at Mauritius Wildlife Foundation, according to The Weather Channel.

While the Mauritian authorities have asked residents to leave the clean-up to officials, locals have organized to help.

"People have realized that they need to take things into their hands. We are here to protect our fauna and flora," environmental activist Ashok Subron said in an AFP story.

Reuters reported that sugar cane leaves, plastic bottles and human hair donated by locals are being sewn into makeshift booms.

Human hair absorbs oil, but not water, so scientists have long suggested it as a material to contain oil spills, Gizmodo reported. Mauritians are currently collecting as much human hair as possible to contribute to the booms, which consist of tubes and nets that float on the water to trap the oil.

A northern mockingbird on June 24, 2016. Renee Grayson / CC BY 2.0

Environmentalists and ornithologists found a friend in a federal court on Tuesday when a judge struck down a Trump administration attempt to allow polluters to kill birds without repercussions through rewriting the Migratory Treaty Bird Act (MBTA).

Read More Show Less
A spiny dogfish shark swims in the Olympic Coast National Marine Sanctuary off the coast of Washington. NOAA / Wikimedia Commons

By Elizabeth Claire Alberts

There are trillions of microplastics in the ocean — they bob on the surface, float through the water column, and accumulate in clusters on the seafloor. With plastic being so ubiquitous, it's inevitable that marine organisms, such as sharks, will ingest them.

Read More Show Less

Trending

A "vessel of opportunity" skims oil spilled after the Deepwater Horizon well blowout in the Gulf of Mexico in April 2010. NOAA / Flickr / CC by 2.0

By Loveday Wright and Stuart Braun

After a Japanese-owned oil tanker struck a reef off Mauritius on July 25, a prolonged period of inaction is threatening to become an ecological disaster.

Read More Show Less