Quantcast

California Judge Rules Against Monsanto, Allows Cancer Warning on Roundup

California is the first U.S. state to require Monsanto to label its blockbuster weed killer, Roundup, as a possible carcinogen, according to a ruling issued Friday by a California judge.


Fresno County Superior Court Judge Kristi Kapetan previously issued a tentative ruling on Jan. 27 in Monsanto Company v. Office of Environmental Health Hazard Assessment, et al.

Judge Kapetan formalized her ruling Friday against Monsanto, which will allow California to proceed with the process of listing glyphosate, the active ingredient in Roundup, as a chemical "known to the state to cause cancer" in accordance with the Safe Drinking Water and Toxic Enforcement Act of 1986, better known as Proposition 65.

In January of 2016, Monsanto filed a lawsuit against the State of California Environmental Protection Agency's Office of Environmental Health Hazard Assessment (OEHHA) over the agency's notice of intent to list glyphosate as a Prop 65 chemical.

OEHHA issued the notice after the World Health Organization's International Agency for Research on Cancer (IARC) issued a report on glyphosate, which classified the chemical as a "probable human carcinogen." The IARC report compelled OEHHA to list glyphosate as a Prop 65 chemical and warn consumers about the possible danger associated with glyphosate exposure.

Why Did Monsanto Sue the State of California?

In 1986, California voters approved Proposition 65 to address concerns about exposure to toxic chemicals. Prop 65 requires California to publish a list of chemicals known to cause cancer, birth defects or other reproductive harm.

OEHHA is the administrator for the Proposition 65 program and determines in many cases whether chemicals or other substances meet the scientific and legal requirements to be placed on the Proposition 65 list. The agency uses a "Labor Code" listing mechanism, which directs the OEHHA to add chemicals or substances to the Prop 65 list of chemicals known to the state to cause cancer if they meet certain classifications by the IARC.

Monsanto's lawsuit against OEHHA argued that the statutory basis underlying the agency's action to list glyphosate as a Prop 65 chemical violates both the California and U.S. Constitutions. According to the complaint, listing glyphosate as chemical known to the state to cause cancer cedes regulatory authority to an "unelected, undemocratic, unaccountable, and foreign body" that isn't subject to oversight by California or the United States.

Though, according Judge Kapetan ruling:

"… the Labor Code listing mechanism does not constitute an unconstitutional delegation of authority to an outside agency, since the voters and the legislature have established the basic legislative scheme and made the fundamental policy decision with regard to listing possible carcinogens under Proposition 65, and then allowed the IARC to make the highly technical fact-finding decisions with regard to which specific chemicals would be added to the list.

"As Monsanto admits, the IARC's list is not created in response to the Labor Code listing mechanism or Proposition 65, and in fact IARC has stated that it disavows any policy or rulemaking role, and that it does not intend its determinations to carry the force of law."

In the months that followed, a number of interested nonparties joined the lawsuit as "intervenors," either on behalf of Monsanto or on behalf of the State of California. When a case has the potential to affect the rights of interested nonparties (individuals or organizations not named in the lawsuit), they can become intervenors, effectively joining the litigation either as a matter of right or at the court's discretion without the permission of the original litigants. Intervention simply gives nonparties that could be affected by a case's outcome a chance to be heard.

Below are the intervenors in Monsanto Company v. Office of Environmental Health Hazard Assessment, et al.

Monsanto Intervenors:

  • California Citrus Mutual
  • Western Agricultural Processors Association (WAPA)
  • California Cotton Ginners and Growers Associations
  • California Grain & Feed Association
  • Almond Alliance of California
  • Western Plant Health Association

OEHHA Intervenors:

  • Center for Food Safety
  • Sierra Club
  • United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (AFL-CIO, CLC)
  • Natural Resources Defense Council
  • Environmental Law Foundation
  • Canadian Labor Congress

Teri McCall is one of many California residents to cheer the ruling against Monsanto. Her husband, Jack, sprayed Roundup on the family's Cambia, California farm for nearly 30 years. In September 2015, Jack went to see a doctor to treat swollen lymph nodes in his neck. That day in the hospital, he learned that the swelling was caused by anaplastic large cell lymphoma (ALCL), a rare and aggressive version of non-Hodgkin lymphoma.

Three months later, Jack suffered a severe stroke due to complications with his cancer treatment. He died on Dec. 26, 2015.

In the wake of her husband's death, Teri McCall filed a wrongful death lawsuit against Monsanto, alleging the company knew about the link between Roundup and cancer, but failed to warn the public about the risk.

"My husband Jack was very conscious of the dangers of chemicals and his misfortune was taking Monsanto's word that Roundup was safe," McCall said at a press conference held in January in Fresno, California, following Judge Kapetan's tentative ruling.

"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. 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," McCall said.

It's great to see democracy is alive and well in California where judges are still willing to stand up for science, even against the most powerful corporate polluters. This decision gives Californians the right to protect themselves and their families from chemical trespass.

I am representing Ms. McCall along with Baum, Hedlund, Aristei & Goldman. We are also representing 230 other plaintiffs (45 from California) who are suing Monsanto for non-Hodgkin lymphoma from exposure to Roundup, with more clients coming onboard every week.

Show Comments ()
Sponsored
The turkey ranch in Sonora is where Diestel keeps its pasture-raised birds. Jeanne Cooper

Popular Diestel Turkey Sold at Whole Foods Tests Positive for FDA-Prohibited Drugs

Diestel Turkey, sold by Whole Foods and other retailers at premium prices, says on its website that its "animals are never given hormones, antibiotics or growth stimulants."

But Diestel Turkey samples tested by the U.S. Department of Agriculture (USDA) suggest otherwise, leading consumers to wonder: Can these companies be trusted?

Keep reading... Show less
Animals

Slaughter of 90,000 Wild Horses Could Proceed Despite 80% Objection From American Public

The American Wild Horse Campaign on Thursday harshly criticized Interior Sec. Ryan Zinke's appointment of Brian Steed, the former chief of staff for U.S. Rep. Chris Stewart (R-UT), as the acting director of the Bureau of Land Management (BLM) as dangerous and out of step with the wishes of the vast majority of Americans.

"Rep. Stewart is leading the charge to slaughter America's wild horses and burros over the opposition of 80 percent of Americans," said Suzanne Roy, AWHC Executive Director. "Putting his deputy at the helm of the agency charged with protecting these national icons is like putting the wolf in charge of the chicken coop."

Keep reading... Show less
Renewable Energy

Bright Idea: This Lamp Harvests Its Own Energy From Plants

Now that's green energy. Dutch product designer Ermi van Oers and her team are working on the first atmospheric lamp powered by living plants.

The Living Light does not require an electric socket. It can harvest its own energy through the photosynthetic process of the encased plant, which means the potential of this off-grid light source could be "huge," as Van Oers told Dezeen.

Keep reading... Show less
Climate

Landmark Youth Climate Lawsuit Heads to Federal Appeals Court

There has been a significant development in the constitutional climate change lawsuit so far successfully prosecuted by 21 youth plaintiffs: The Ninth Circuit Court of Appeals has decided to hear oral argument over whether the Trump administration can evade trial currently set for Feb. 5, 2018. Oral arguments will be heard before the Ninth Circuit Court of Appeals in San Francisco on Dec. 11 and can be watched on a live stream beginning at 10 a.m. PST.

Keep reading... Show less
Sponsored
Climate
Martin Schulz / Flickr

Pope Francis: These 4 'Perverse Attitudes' Could Push Earth to Its Brink

Pope Francis issued a strong message to negotiators at the COP23 climate talks in Bonn, Germany on Thursday, warning them not to fall into "four perverse attitudes" regarding the future of the planet—"denial, indifference, resignation and trust in inadequate solutions."

Francis, who has long pressed for strong climate action and wrote his 2015 encyclical on the environment, renewed his "urgent call" for renewed dialogue "on how we are building the future of the planet."

Keep reading... Show less
Climate
The Greenpeace ship Esperanza sits near the Statoil contracted oil rig Transocean Spitsbergen. Greenpeacce

Groups Sue Norway Over Failure to Protect Environment for Future Generations

By David Leestma

Greenpeace and the Nature and Youth environmental group opened a lawsuit this week over Norway's failure to abide by its constitutional obligation to safeguard the environment for future generations.

The lawsuit, which focuses on local environmental damage and the contribution that oil extraction will make to climate change, challenges 10 licenses issued by the Norwegian government for exploration in the Barents Sea. Given to Statoil, Chevron and other oil companies, the licenses violate Norway's constitution and the Paris agreement, according to the plaintiffs. Government lawyers claim the case is a publicity stunt that risks valuable jobs.

Keep reading... Show less
Sponsored
Food
Lia Heifetz of Barnacle Foods hauls kelp for salsa. Bethany Sonsini Goodrich

A Plea for Kelp: These Farmers and Chefs Want to Make Seaweed the Next Superfood

By Sarah Bedolfe

Summer in southeast Alaska is kelp season for the cofounders of Barnacle Foods, Lia Heifetz and Matt Kern. Each week, the pair watches the tides and weather, waiting for the right moment to cruise out to the abundant kelp beds offshore. They lean over the side of the boat and pull up the fronds and stalks, one piece at a time. As soon as they get back to shore, they start processing the day's harvest into a local delicacy: kelp salsa.

Salsa and Alaskan algae might seem like odd bedfellows, but for Barnacle Foods, it's a calculated decision. The kelp's savory notes make the salsa's flavor "a little more explosive," according to Kern. And the pairing is also a practical one. "Salsa is such a familiar food item," Heifetz said. It's "a gateway to getting more people to eat seaweed."

Keep reading... Show less
Popular
Lorie Shaull / Flickr

Massive Pipeline Leak Shows Why Nebraska Should Reject Keystone XL

About 210,000 gallons (5,000 barrels) of oil leaked Thursday from TransCanada's Keystone oil pipeline near Amherst, South Dakota, drawing fierce outcry from pipeline opponents.

The leak, the largest spill to date in South Dakota, comes just days before Nebraska regulators decide on whether its controversial sister project—the Keystone XL (KXL) Pipeline—will go forward.

Keep reading... Show less
Sponsored

mail-copy

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