Jury to Decide if Monsanto PCBs Caused Plaintiffs’ Cancer
Monsanto’s controversial history with PCBs is being played out in trial in California state court this week, as the agrochemical giant has been accused of causing two retired plaintiffs to develop cancer.
The civil lawsuit, Dauber, et al. v. Monsanto Co., et al, regards plaintiffs Roslyn Dauber, 62, and John Di Costanzo, 87, who both claim that their non-Hodgkin's lymphoma was caused by eating PCB-contaminated food for years, Courtroom View Network (CVN) reported.
PCBs, or Polychlorinated Biphenyls, are man-made chemicals once used to insulate electronics decades ago. Before switching operations to agriculture, Monsanto was the sole manufacturer of the compound, raking a reported $22 million in business a year. But when PCBs were found to be highly toxic, the company stopped production of them in 1977 over human health and environmental concerns.
Still, the pervasive legacy of PCBs remains. The U.S. Environmental Protection Agency (EPA) banned them in 1979, saying:
PCBs have caused birth defects and cancer in laboratory animals, and they are a suspected cause of cancer and adverse skin and liver effects in humans. EPA estimates that 150 million pounds of PCBs are dispersed throughout the environment, including air and water supplies; an additional 290 million pounds are located in landfills in this country.
Countless individuals, school districts as well as major U.S. cities have since slammed Monsanto with lawsuits for cleanup costs, environmental pollution and for claims that exposure to PCBs causes health problems to people and wildlife.
#Seattle Sues #Monsanto Over #PCB Contamination, Becomes 6th City to Do So https://t.co/wGnsemWt1b @nongmoreport https://t.co/VYOJVFzn5I— EcoWatch (@EcoWatch)1453912131.0
On Thursday, plaintiff attorney Scott Frieling of Dallas-based law firm Allen Stewart PC delivered an opening statement to jurors and Los Angeles County Superior Court Judge J. Stephen Czuleger about the history of PCBs, the difficulty in removing them from the environment and how these chemicals make their way into the food chain.
“They are virtually indestructible,” Frieling said. “Once PCBs are created, they will last a very long time.”
Frieling also touched on how Monsanto allegedly knew that PCBs were toxic for decades but continued production of the profitable compound anyway.
According to CVN:
Frieling showed jurors internal Monsanto documents dating back to the 1950’s that he claimed would prove the company knew for decades that PCBs posed a substantial public health risk but falsely represented them as being safe.
Freiling told jurors it was easy to link the PCBs in Dauber and Di Costanzo’s bodies to Monsanto, because the company produced 99 percent of the compounds sold in the United States. He claimed Monsanto intentionally avoided long-term safety testing on PCBs and instead publicized the results of short-term tests which didn’t allow enough time for negative health effects to become evident.
In response, Monsanto attorney Anthony Upshaw of Chicago-based law firm McDermott Will & Emery LLP argued that it could not be definitively proven that PCBs caused the plaintiffs' cancer and that many people who have the same amounts of PCBs in their bodies never suffer any adverse effects, CVN reported.
“The evidence simply doesn’t support the assertion that the historic use of PCB products was the cause of the plaintiffs’ harms,” Monsanto spokeswoman Charla Marie Lord told CVN. “We are confident that the jury will conclude, as past juries have done, that the former Monsanto Company is not responsible for the alleged injuries.”
She also added that Monsanto’s involvement in the trial stems from contractual obligations associated with former chemical businesses that operated under the company's name, and that Monsanto today is focused solely on agriculture.
The current trial is expected to run through the end of March. Previous rulings over PCBs lawsuits, however, have ruled in favor of Monsanto. CVN noted that a Los Angeles jury and a Missouri state court jury handed the company wins in 2014 and 2015, respectively.
Incidentally, a current House bill could give Monsanto permanent immunity from liability for injuries caused by PCBs. The New York Times reported last month that Republicans in Congress have inserted a clause into the Toxic Substances Control Act (TSCA) reauthorization bill that would effectively exempt Monsanto from liability for injuries caused by PCBs.
Environmental attorney Robert F. Kennedy, Jr., who has sparred over PCBs for three decades, wrote this week that the "so-called 'Monsanto Rider' would shield the chemical colossus from thousands of lawsuits by cities, towns, school districts and individuals, who have been injured by exposure to PCBs."
"If Monsanto gets its way, the American people will pay a high price for corporate greed and political corruption," Kennedy said.
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Fireworks Can Trigger Flashbacks<p>Hyperarousal, a core component of PTSD, occurs when a person is hyper-alert to any sign of threat – constantly on edge, easily startled and continuously screening the environment.</p><p>Imagine, for instance, stepping down the stairs in the dark after hearing a noise; you're worried an intruder might be downstairs. Then a totally unpredictable loud sound explodes right outside your window.</p><p>For people with PTSD, that sound – reminiscent of gunfire, a thunderstorm or a car crash – <a href="https://theconversation.com/veterans-refugees-and-victims-of-war-crimes-are-all-vulnerable-to-ptsd-130144" target="_blank">can cause</a> a panic attack or trigger flashbacks, a sensory experience that makes it seem as if the old trauma is happening here and now. Flashbacks can be so severe that combat veterans may suddenly drop to the ground, the same way they would when an explosion took place in combat. Later, the experience can trigger nightmares, insomnia or worsening of other PTSD symptoms.</p><p>Those of us who set off fireworks need to ask ourselves: Are those few minutes of fun worth the hours, days, or weeks of torment that will begin for some of our friends and neighbors – including many who put their lives on the line to protect us?</p>
Who Else Is Affected?<p>Millions of others, though not diagnosed with PTSD, may similarly be affected by fireworks. <a href="https://adaa.org/about-adaa/press-room/facts-statistics" target="_blank">One in five Americans</a> have an anxiety disorder, many with symptoms of hyperarousal. Also impacted are those with autism or developmental disabilities; they find it difficult to cope with the noise, or just the drastic change from life routines. Then there are people who have to work, holiday or not: nurses, physicians and first responders, who have to be up at 4 a.m. for a 30-hour shift.</p><h3>How to Reduce the Negative Impact</h3><p>There are ways to reduce how fireworks affect others:</p><ul><li>For those with PTSD, the unexpected nature of fireworks is probably the worst part. So at least make it as predictable as possible. Do it in designated areas during designated times. Don't explode one, for instance, two hours after the designated time window. And avoid setting them off <a href="https://www.theguardian.com/society/2018/jul/04/fireworks-ptsd-fourth-of-july-veterans-shooting-survivors" target="_blank">on the 3rd</a>. People are less prepared then.</li><li>If you're aware that a veteran or trauma survivor lives in the neighborhood, move the noise as far as possible from their home and give them prior warning. Consider putting a sign in your front yard noting the time you'll set the fireworks.</li><li>Remember, it doesn't have to be super loud to make it fun. Consider using <a href="https://thehill.com/opinion/energy-environment/504964-its-time-for-silent-fireworks" target="_blank">silent fireworks</a>. And you don't have to be the one who lights the fireworks. Simply enjoy watching while your city or township does it safely.</li></ul>
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By Jeff Berardelli
For the past year, some of the most up-to-date computer models from the world's top climate modeling groups have been "running hot" – projecting that global warming may be even more extreme than earlier thought. Data from some of the model runs has been confounding scientists because it challenges decades of consistent projections.
International Effort to Evaluate Climate Models<p>For the past 25 years the international community has been evaluating and comparing the world's most sophisticated climate models produced by various teams at universities, research centers, and government agencies. The effort is organized by the World Climate Research Programme under the United Nations World Meteorological Organization.</p><p>Climate models are complicated computer programs composed of millions of lines of code that calculate the physical properties and interactions between the main climate forces like the atmosphere, oceans, and solar input. But models also go a lot further, incorporating other systems like ice sheets, forests, and the biosphere, to name a few. The models are then used to simulate the real-world climate system and project how certain changes, like added pollution or land-use changes, will alter the climate.</p><p>Every few years there is a new comprehensive international evaluation called the Coupled Model Intercomparison Project (CMIP). In the sixth such effort, known as CMIP6 and now under way, experts are reviewing about 100 models.</p><p>Information gleaned from this effort will act as a scientific foundation for the U.N.'s Intergovernmental Panel on Climate Change (IPCC) next major assessment report, scheduled for release in 2021. The goal of the report – the sixth in 30 years – is to inform the international community about how much the climate has changed, and, importantly, how much change can be expected in coming decades.</p>
A Conundrum Emerges<p>Over the past year, the CMIP6 collection of models being reviewed threw researchers an unexpected curveball: a significant number of the climate model runs showed substantially more global warming than previous model versions had projected. If accurate, the international climate goals would be nearly impossible to achieve, and there would be significantly more extreme impacts worldwide.</p><p>A foundational experiment in every report addresses "sensitivity": If you double levels of carbon dioxide (CO2) that were in the air before the Industrial Revolution, how much warming do the models show? This doubling is not expected for a few more decades, but it is a quick way to communicate the critical role of greenhouse gases in changing the climate.</p><p>The amount of CO2 in the atmosphere has increased by 35% since the 1800s because of the burning of fossil fuels. As a result, global temperatures have already increased by more than 2 degrees Fahrenheit.</p><p>In the first IPCC assessment report, published in 1990, the answer to that question about the impact of doubling carbon dioxide gave a fairly wide range of results – between 2.7-8 degrees F of global warming. Since then, four more assessments issued six to seven years apart reached nearly the exact same conclusion on sensitivity.</p><p>But that sensitivity may, for the first time, change significantly in next year's assessment. Why? Because starting last year, numerous models in the CMIP6 collection displayed even bigger spikes in temperature upon doubling of CO2 concentrations. We're in serious trouble if the climate sensitivity falls in the mid or upper range of the previous assessments. But if the new, higher estimates are correct, the impacts on civilization would be catastrophic.</p>
In the above CarbonBrief interactive visualization, the bars offer a comparison in the range of sensitivity in the CMIP5 models (gray) and CMIP6 models (blue).
New and Encouraging Evidence Is Emerging<p>At first, scientists were uncertain whether the new model runs were on to something, so the international modeling community dug in to produce multiple studies. The results are not yet conclusive, but a gradual collective sigh of relief seems to be materializing.</p><p>"Evidence is emerging from multiple directions that the models which show the greatest warming in the CMIP6 ensemble are likely too warm," explains Dr. Gavin Schmidt, director of NASA's Goddard Institute for Space Studies.</p><p>For example, <a href="https://www.earth-syst-dynam-discuss.net/esd-2020-23/" target="_blank">a study</a> released April 28 evaluated the past performance of the models making up the CMIP6 ensemble. The team assigned weights to each model based upon historical performance of their warming projections, weighing the poorer performing models less. By doing so, both the mean warming and the range of warming scenarios in the CMIP6 ensemble decreased, meaning the warmest models were the ones with weaker historical performance. This result supports a finding that a subset of the models are too warm.</p><p>That conclusion is supported by another new study evaluating one particular model – the Community Earth System Model (CESM2) – that showed greater warming. Using that model, the researchers simulated the climate in the early Eocene era, about 50 million years ago, when rainforests thrived in the Arctic and Antarctic. The CESM2 simulated a historical climate that seems way too warm compared with what is known about that era from geological data, indicating that the model is likely also too warm in its future projections.</p><p>Two other recent studies of the CMIP6 models being evaluated use clever analysis methods to <a href="https://www.google.com/url?q=https://www.earth-syst-dynam-discuss.net/esd-2019-86/&sa=D&ust=1589209938203000&usg=AFQjCNHYwFB-1KqndGfJ4sXdrrm9DpbLaQ" target="_blank">narrow the range</a> of future warming projections and also <a href="https://www.google.com/url?q=https://advances.sciencemag.org/content/6/12/eaaz9549&sa=D&ust=1589209938203000&usg=AFQjCNEhKY1YZ19qgjSZ_hJM14JmzqXOXw" target="_blank">reduce the projected warming</a> of the CMIP6 models by 10 to 15%.</p><p>Through the intensive research spurred by the CMIP6 climate-sensitivity curveball, scientists have been able to turn a confounding challenge into a confidence builder, providing even greater certainty than they had before in both the abilities of the climate science community and in the computer models used. Moreover, the experience has helped unearth uncertainties remaining in the modeling process.</p><p>Experts conclude much of this uncertainty probably lies in the complexity of clouds. "We have been looking as a community at why the models with greater warming are doing what they are doing – and it's tied to cloud feedbacks in the southern mid-latitudes mostly," explains Schmidt.</p><p>In fact, <a href="https://advances.sciencemag.org/content/6/26/eaba1981" target="_blank">a new study</a> addressing the increased sensitivity was published in Science Advances stating, "Cloud feedbacks and cloud-aerosol interactions are the most likely contributors to the high values and increased range of ECS [sensitivity] in CMIP6."</p>
Understanding the Complexity of Clouds<p>It's long been known in climate modeling circles that cloud processes and interactions are a potential weak link for climate modeling. That reality has been brought front and center by the urgent challenges posed during this CMIP6 evaluation period, but the current evaluation of models also provides an opportunity for discovery and improvement.</p><p>Cloud complexity comes from the reality that clouds have a multitude of sizes, altitudes, and textures. Some clouds cool Earth by providing shade, reflecting sunlight back into space. Others act like a blanket, trapping heat and warming the world.</p><p>Given that about <a href="https://www.nasa.gov/vision/earth/lookingatearth/icesat_light.html" target="_blank">70% of the globe</a> is covered by clouds at any given time, it's no surprise that they play an integral role in regulating the climate. The challenge is to figure out which types of clouds will increase, which will decrease, and what the net effect will be on cooling or warming as the climate changes.</p><p><a href="https://www.nature.com/articles/s41561-019-0310-1" target="_blank">One study</a> last year reached an alarming conclusion: Left unchecked, the release of CO2 into the atmosphere may lead to a tipping point where shallow low clouds disappear – leading to runaway, catastrophic warming of nearly 15 degrees F. While scientists see that outcome as only a remote possibility, it drives home the urgent need to better understand clouds.</p><p>"We have a saying at NOAA: It isn't rocket science – it's much, much harder than that," quips Dr. Chris Fairall, ATOMIC's lead investigator. "One of the major problems for modeling is there is not clean separation of scales." The photo below is one that Fairall took from the NOAA P-3 aircraft.</p>
Investigating the Secrets of Clouds<p>To address the urgent question about the dynamics and role of clouds in a warming world, NOAA and European partners launched their ongoing research effort unprecedented in scale. The U.S. contribution, ATOMIC – short for Atlantic Tradewind Ocean-Atmosphere Mesoscale Interaction Campaign – is an international science mission that was featured recently on "<a href="https://www.cbsnews.com/video/study-aims-to-examine-links-between-climate-change-and-clouds/" target="_blank">CBS This Morning: Saturday</a>."</p>
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