California Judge Rules Against Monsanto, Allows Cancer Warning on Roundup
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.
- 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
- 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.
The European Commission, the European Union's executive arm, announced Tuesday it has opened an in-depth investigation into Bayer's proposed $66 billion takeover of Monsanto over "concerns that the merger may reduce competition in areas such as pesticides, seeds and traits."
The controversial merger, if successful, will form the world's largest integrated seed and pesticide company.
U.S. Environmental Protection Agency (EPA) administrator Scott Pruitt appears in a video sponsored by the beef industry calling on farmers and ranchers to file official comments on a proposal to withdraw and rewrite the Obama-era "Waters of the United States" rule (or WOTUS) before the Aug. 28 deadline.
The National Cattlemen's Beef Association (NCBA) video was produced by the beef lobbying organization's policy division, Beltway Beef and was released last week. Notably, NCBA spent $117,375 in lobbying last year.
Two years ago, Stanford University professor Mark Jacobson and his collaborators published a widely circulated study that detailed how the U.S. can eliminate nuclear, biofuels and fossil fuels and transition to 100 percent renewable energy by 2050.
Now, in a paper published Wednesday in the new scientific journal Joule, Jacobson and 26 co-authors created clean energy roadmaps not just for the 50 United States, but for 139 individual countries.
The effects of climate change is inextricably linked to human health. The burning of fossil fuels releases carbon dioxide and other greenhouse gases that traps heat in the atmosphere, causing global temperatures to spike, air quality to worsen, all while fueling droughts, floods and storms that impact food and water security.
By Steve Horn
Energy Transfer Partners, owner of the Dakota Access pipeline, has filed a $300 million Racketeer Influenced and Corrupt Organizations (RICO) lawsuit against Greenpeace and other environmental groups for their activism against the long-contested North Dakota-to-Illinois project.
In its 187-page complaint, Energy Transfer alleges that "putative not-for-profits and rogue eco-terrorist groups who employ patterns of criminal activity and campaigns of misinformation to target legitimate companies and industries with fabricated environmental claims and other purported misconduct" caused the company to lose "billions of dollars."
In a study published Tuesday in the journal Environmental Research Letters, Harvard postdoctoral fellow Geoffrey Supran and professor Naomi Oreskes reviewed nearly 200 communications on climate change from the oil giant, including scientific research, internal company memos and paid editorial features in the New York Times.
The U.S. District Court of Appeals ruled 2-1 Tuesday saying that the Federal Environmental Energy Regulatory Commission (FERC) failed to adequately review the environmental impacts of the greenhouse gas (GHG) emissions of the fracked gas Sabal Trail pipeline, which runs more than 500 miles through Alabama, Georgia and Florida.
As ocean waters warm and acidify, corals across the globe are disappearing. Desperate to prevent the demise of these vital ecosystems, researchers have developed ways to "garden" corals, buying the oceans some much-needed time. University of Miami Rosenstiel School marine biologist Diego Lirman sat down with Josh Chamot of Nexus Media to describe the process and explain what's at stake. This interview has been edited for length and clarity.