Judge Threatens to Sanction Monsanto for Secrecy in Roundup Cancer Lawsuits
By Carey Gillam
Nearly a year after a mysterious leak of industry-friendly information from the U.S. Environmental Protection Agency (EPA), many pressing questions remain about the agency's interactions with agribusiness giant Monsanto and its handling of cancer concerns with Monsanto's top-selling herbicide. But thanks to a federal court judge in California, we may soon start getting some answers.
The transcript of a recent court hearing reveals that Judge Vince Chhabria, who is overseeing a combination of more than 55 lawsuits filed against Monsanto in the U.S. District Court for the Northern District of California, warned Monsanto that many documents it is turning over in discovery will not be kept sealed despite the company's pleas for privacy. He threatened to impose sanctions if Monsanto persists in "overbroad" efforts to keep relevant documents out of public view.
The litigation against Monsanto has been filed by people from around the U.S. who allege that exposure to Monsanto's Roundup herbicide caused them or their loved ones to develop non-Hodgkin lymphoma, a type of cancer that originates in the lymphatic system and has been on the rise in recent decades. While those lawsuits are being handled together as "multi-district litigation" (MDL) in San Francisco, hundreds of other plaintiffs are making similar allegations in lawsuits in multiple state courts as well. And the teams of lawyers involved say they are continuing to meet with prospective additional plaintiffs.
"I have a problem with Monsanto, because it's—it is insisting that stuff be filed under seal that should not be filed under seal," Judge Chhabria told the attorneys for both sides. When documents are "relevant to the litigation, they shouldn't be under seal, even if they are not—are embarrassing to Monsanto, you know, even if Monsanto doesn't like what they say."
This week the judge also gave a green light—over Monsanto's objection—to a plaintiffs' request to obtain documents and depose a key former Monsanto official from Europe. Other Monsanto officials are to be deposed within the next few weeks.
The central question to the mass of lawsuits is causation—can Roundup cause cancer, and has Monsanto wrongly covered up or ignored the risks. But the litigation is also threatening to pull back a curtain of secrecy that cloaks the government's work with Monsanto and its assessment of glyphosate, the key ingredient in Roundup. There were concerns expressed years ago at the EPA that glyphosate could be carcinogenic, and many independent scientists have pointed to research that raises red flags about both glyphosate and the formulated products like Roundup. The International Agency for Research on Cancer in 2015 classified glyphosate as a probable human carcinogen. But the EPA has been steadfast in its assessment that glyphosate is not likely carcinogenic.
Now plaintiffs' attorneys allege they are finding evidence in the discovery documents of apparent collusion between Monsanto and at least one high-level EPA official, though Monsanto vehemently denies that.
#EPA Sued for Failure to Release #Glyphosate Documents https://t.co/TbUL1JO4Ne @USRightToKnow @NonGMOProject @nongmoreport @CenterForBioDiv— EcoWatch (@EcoWatch)1489158058.0
Monsanto has made billions of dollars a year for decades from its glyphosate-based herbicides, and they are the lynchpin to billions of dollars more it makes each year from the genetically engineered glyphosate-tolerant crops it markets. As it moves toward a planned merger with Bayer AG, defending the safety of what has been the world's most widely used weed killer is critical.
So far, Monsanto has turned over close to 10 million documents to lawyers for the plaintiffs. Among those documents are some that detail Monsanto's interactions with EPA officials, including Jess Rowland, head of the EPA's Cancer Assessment Review Committee. A report by that committee was leaked to the public on April 29 of last year, posted on an EPA website when it should not have been, the agency said. The report stayed on the website only until May 2 before being deleted, but it was long enough for Monsanto to copy the report and tout it on its website and in social media postings. Monsanto also referenced the report in a key court hearing in May in the MDL cases.
The timing of the leak of the report was favorable to Monsanto, which at that time was not only trying to slow the advancement of the MDL litigation, but also was trying to convince European regulators to re-approve glyphosate in Europe and was suing California to try to keep the state from adding glyphosate to a list of chemical carcinogens.
According to court filings by plaintiffs' attorneys, discovery evidence "strongly suggests that Mr. Rowland's primary goal was to serve the interests of Monsanto." Rowland left the agency shortly after the April 29 leak and has not publicly addressed the matter. He did not respond to a request for comment.
Monsanto very much wants to keep its internal documents, including those related to Rowland, out of the public eye. The company says the information can be taken out of context and exploited unfairly to sway public opinion. According to the transcript, Monsanto attorney Eric Lasker complained to the judge that the plaintiffs' attorneys are "trying to try the case in litigation and the press." This is litigation, he said, "that people are following, that what happens in this courtroom ends up on blogs, posts, ends up in articles."
#Monsanto, California Battle Over Listing #Glyphosate as a Carcinogen https://t.co/LuFdeCpJa3 via @EcoWatch https://t.co/hsbJmitjly— GMWatch (@GMWatch)1484757369.0
Nevertheless, Chhabria said he sees the documents related to Rowland and to the EPA and International Agency for Research on Cancer as relevant and not appropriate for sealing, meaning they could be made available in court filings soon.
Plaintiffs' attorneys have subpoenaed Rowland's deposition over initial objections from the EPA to a request for his deposition. In the hearing, the judge indicated that he favored allowing the deposition, though he gave the EPA until March 28 to file a motion to quash the subpoena.
Plaintiffs' attorneys are also preparing for the March 15 deposition of Monsanto's chief regulatory liaison, Dan Jenkins, who was in regular contact with the EPA regarding glyphosate for years. They plan to depose Susan Martino-Catt, the company's global supply chain strategy and operations lead on March 30. And the judge ruled that they may also depose and obtain documents from Mark Martens, a former employee of Monsanto in Belgium.
The judge is pushing both sides to keep to a frenzied pace for gathering experts and evidence. A key hearing is set for October in which the opposing parties will present expert witness testimony to the judge, and trial dates could begin in 2018, the attorneys project.
The consumer advocacy group I work for, U.S. Right to Know, on Thursday sued the EPA seeking a release of documents dealing with the Cancer Assessment Review Committee leak and other matters as questions persist about the safety of the product and whether or not assessments have been properly conducted.
The unfolding court case could soon start providing some answers.
French winemakers are facing devastating grape loss from the worst frost in decades, preceded by unusually warm temperatures, highlighting the dangers to the sector posed by climate change.
"An important share of the harvest has been lost. It's too early to give a percentage estimate, but in any case it's a tragedy for the winegrowers who have been hit," said Christophe Chateau, director of communications at the Bordeaux Wine Council, told CNN.
Climate change, caused by the extraction and combustion of fossil fuels, has pushed winegrowing seasons earlier, putting crops at higher risk of cold — and wildfires supercharged by climate change also threaten American vignerons and farmworkers as well.
"I think it's good for people to understand that this is nature, climate change is real, and to be conscious of the effort that goes into making wine and the heartbreak that is the loss of a crop," Jeremy Seysses of Domaine Dujac in Burgundy's Côte de Nuits told Wine Enthusiast.
As reported by Wine Enthusiast:
Last week, images of candlelit French vineyards flooded social media. Across the country, winemakers installed bougies, or large wax-filled metal pots, among the vines to prevent cold air from settling in during an especially late frost.
With temperatures in early April as low as 22°F, and following an unseasonably warm March, this year's frost damage may be the worst in history for French winegrowers. Every corner of France reports considerable losses, from Champagne to Provence, and Côtes de Gascogne to Alsace. As a result, there will likely be very little French wine from the 2021 vintage reaching U.S. shores.
For a deeper dive:
CNN, Wine Enthusiast, France24, Eater
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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Climate change could make it harder to find a good cup of coffee, new research finds. A changing climate might shrink suitable areas for specialty coffee production without adaptation, making coffee taste blander and impacting the livelihoods of small farms in the Global South.
Published in Scientific Reports on Wednesday, the study focused on regions in Ethiopia, Africa's largest coffee-producing nation. Although studies have previously documented the impact of climate change on coffee production, what's less understood is how varying climates could change the flavors of specialty coffee, the researchers wrote.
The team aimed to fill this gap. Their results provide a glimpse into how future climate change could impact local regions and economies that rely on coffee cultivation, underscoring the value of local adaptation measures.
Researchers analyzed how 19 different climate factors, such as mean temperatures and rainfall levels, would affect the cultivation of five distinct specialty coffee types in the future, the Potsdam Institute for Climate Impact Research (PIK) reported. Although researchers found that areas suitable for growing "average quality coffee" may actually increase over time with climate change, regions where specialty coffee is grown will shrink — a pending problem in light of the global demand for high-quality coffee.
"This is an issue not just for coffee lovers, but for local agricultural value creation," Abel Chemura, the study's lead author, told the PIK.
Coffee profiles rely on specific climate patterns for their unique flavors, levels of acidity and fragrances. But in a warmer climate, the coffee cherry — the fruit picked from a coffee plant — matures faster than the bean inside, making for a lower quality cup of coffee, the PIK reported.
For example, the sought-after Yirgacheffe variety of coffee, which is cultivated in southwestern Ethiopia, could lose more than 40 percent of its suitable growth area by the end of the century, PIK reported. This could impact small farms and threaten Ethiopia's economy, the researchers noted.
"If one or more coffee regions lose their specialty status due to climate change this has potentially grave ramifications for the smallholder farmers in the region," Christoph Gornott, co-author of the study, told the PIK. "If they were forced to switch to growing conventional, less palatable and bitter coffee types, they would all of the sudden compete with industrial production systems elsewhere that are more efficient." In a country where coffee exports account for nearly a third of all agricultural exports, "this could prove fatal," Gornott added.
Climate change impacts on coffee production are not unique to Ethiopia. In Columbia's mountainous coffee-growing regions, temperatures are warming by 0.5 degrees Fahrenheit every decade, according to Yale Environment 360. Extreme levels of precipitation, which are becoming more common, also impact production, as they spread insect and fungal diseases.
"In earlier times, the climate was perfect for coffee," one small farmer in Columbia told Yale Environment 360. "In the period of flowering, there was summer. During harvest, there was winter. But from 2008 onward, this changed and we now don't know when it will be summer, when the coffee will blossom."
But researchers say there are glimmers of hope, emphasizing the importance of local adaptation measures that are designed for particular climates and communities. For example, in regions where temperature is an important factor for specialty coffee cultivation, the researchers suggest improved agroforestry systems that could maintain canopy temperatures, a promising step toward sustaining the "availability and taste of one of the world's most beloved beverages and, more importantly, on economic opportunities in local communities of the Global South," Gornott concluded.
By Suzanne Cords
One day Lizzie, the first-person narrator of the novel, receives an old book as a gift, with a dedication wishing the reader to be among the survivors. Like the preppers who build bunkers and stockpile supplies in remote areas to be ready for the end of the world, Lizzie is convinced that the end of the world is definitely near in times of a threatening climate disaster.
Lizzie, who lives in New York with her husband and son, is a university campus librarian. She worries about almost everything: her brother, an ex-junkie, or her dental insurance and the future in the face of the apocalypse. She is obsessed with reading reference books and articles about climate change.
She also devours words of wisdom, including about Buddhist spirituality: "A visitor once asked the old monks on Mount Athos what they did all day, and was told: We have died and we are in love with everything." But nothing can lift her spirits.
'Lizzie Is Just Like Us'
Lizzie observes rich New Yorkers plan their move to regions that are less threatened by climate change, something she simply cannot afford. Sometimes she watches disaster movies, which lead her to worry even more.
Above all, she is a gifted observer of her fellow human beings. "Young person worry: What if nothing I do matters? Old person worry: What if everything I do, does?"
Lizzie, the U.S. author told DW, is a bit like the rest of us — well aware of the climate crisis, but because she cares and worries about so many other things, that awareness falls by the wayside. That's how she felt herself, Jenny Offill said, but the more she looked into the issue, the more she saw a need for action on her part, too.
"I also was trying to see if there was a way to make it funny, because, you know, so much of the world of prepping and imagining disaster is actually sort of strangely funny."
The novel was shortlisted for the 2020 UK's Women's Prize for Fiction and has now been released in German translation.
Climate Activist With a Vision
But then, there is also this serious, scientifically based concern about what climate change means. In the past, says Offill, artists were the ones who would predict disasters; today it's the experts, as well as the students she teaches. In the end, their fears and their justified anger motivated her to take a closer look at the issue. Today, she is a climate activist herself, and is involved in initiatives along with many other artists.
Lizzie, the heroine of Weather, hasn't gotten that far. But she voices her fears, and that's a start. "Of course, the world continues to end," says Sylvia, a mentor of Lizzie's, at one point — and commences to water her garden. There is hope after all.
Reposted with permission from Deutsche Welle.
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Court Ends Trump's Attempt to Allow Drilling in 128 Million Acres of Atlantic and Arctic Oceans
By Jake Johnson
A federal appeals court on Tuesday dealt the final blow to former President Donald Trump's attempt to open nearly 130 million acres of territory in the Arctic and Atlantic Oceans to oil and gas drilling.
In April of 2017, Trump signed an executive order aiming to undo an Obama-era ban on fossil fuel exploration in that territory, but a federal judge in Alaska ruled the move unlawful in 2019.
Though the Trump administration appealed the ruling, President Joe Biden revoked his predecessor's 2017 order shortly after taking office, rendering the court case moot. On Tuesday, the Ninth Circuit Court of Appeals agreed to dismiss the Trump administration's appeal.
"Because the terms of the challenged Executive Order are no longer in effect, the relevant areas of the [Outer Continental Shelf] in the Chukchi Sea, Beaufort Sea, and Atlantic Ocean will be withdrawn from exploration and development activities," the court said in its order.
Erik Grafe of Earthjustice, which represented a coalition of advocacy groups that challenged Trump's order, said in a statement that "we welcome today's decision and its confirmation of President Obama's legacy of ocean and climate protection."
"As the Biden administration considers its next steps, it should build on these foundations, end fossil fuel leasing on public lands and waters, and embrace a clean energy future that does not come at the expense of wildlife and our natural heritage," Grafe continued. "One obvious place for immediate action is America's Arctic, including the Arctic Refuge and the Western Arctic, which the previous administration sought to relegate to oil development in a series of last-minute decisions that violate bedrock environmental laws."
VICTORY: 9th Circuit ends fight over President Trump's illegal attempt to open up 128 million acres of Atlantic & A… https://t.co/TvYVt2F1jO— Earthjustice (@Earthjustice)1618347073.0
In January, Biden ordered a temporary pause on new oil and gas leasing on federal lands and waters, a decision environmentalists hailed as a positive step that should be made permanent.
But climate groups voiced outrage last month when the Biden administration gave career officials a green light to resume processing existing permits for drilling on public lands and waters.
"We call on President Biden to keep his promise: a full and complete ban on fracking and fossil fuel extraction on public lands. Full stop," Food & Water Watch policy director Mitch Jones said at the time. "The climate crisis requires it and he promised it."
Reposted with permission from Common Dreams.
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By 2035, every new car and truck sold in the U.S. could be an EV, a new report says.
Accelerations in technology and especially battery affordability, paired with new policy, mean the dramatic transition would save American drivers $2.7 trillion by 2050, an average savings of $1,000 per household per year.
The ramp up in EV production would also create 2 million new jobs by 2035. Battery prices have fallen 74% since 2014, and their unexpectedly rapid fall is a key driver of the cost savings.
EVs are far simpler mechanically, and more efficient, than internal combustion engine (ICE) vehicles, which translates to reduced climate pollution and lower costs for consumers.
Strengthened vehicle efficiency standards and investment in fast charging infrastructure are needed to accelerate the transition, which would prevent 150,000 premature deaths and save $1.3 trillion in health environmental costs by 2050.
For a deeper dive:
The Guardian, Fast Company, E&E, Morning Consult, Canary Media
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.