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roundup

Roundup Cancer Settlement Hits Snag Over Future Plaintiffs' Rights

Jordan Davidson
Jul. 08, 2020 09:06AM EST Health + Wellness
Roundup Cancer Settlement Hits Snag Over Future Plaintiffs' Rights
About 30,000 claims contending that Roundup caused non-Hodgkin's lymphoma are currently unsettled. Mike Mozart / CC BY 2.0

Bayer's $10 billion settlement to put an end to roughly 125,000 lawsuits against its popular weed killer Roundup, which contains glyphosate, hit a snag this week when a federal judge in San Francisco expressed skepticism over what rights future plaintiffs would have, as the San Francisco Chronicle reported.

The $10 billion settlement does not actually need judicial review and is set to move forward. The issue is that $1.25 billion from the settlement does need a court order to be approved. That part deals with future lawsuits by cancer patients who have not yet gone to court and by others who have not yet been diagnosed. The U.S. District Judge Vince Chhabria said in an order Monday that he had questions about the legality and fairness of the agreement and was "tentatively inclined" to reject it, as the San Francisco Chronicle reported.

In a court filing on Monday, the judge described a plan to create a class action for future litigants as problematic, and he set a July 24 hearing date to address the matter, as Bloomberg reported.

"We appreciate the judge's order raising his preliminary concerns with the proposed class settlement, which we take seriously and will address" at the hearing, Chris Loder, a U.S.-based spokesman for the Germany-based chemical and pharmaceutical giant Bayer, said in an interview.

Chhabria said he "is skeptical of the propriety and fairness of the proposed settlement." He raised concerns about the creation of a scientific panel to decide whether the key ingredient, glyphosate, causes cancer and whether the agreement unfairly limits potential plaintiffs from suing, according to The New York Times.

Right now about 30,000 claims contending Roundup caused non-Hodgkin's lymphoma are left unsettled. Some lawyers in the U.S. have vowed to file another wave of new suits that could add tens of thousands to the logjam of existing cases, according to Bloomberg.

"Thankfully, Judge Chhabria has seen the ruthless plan as an outrageous attempt to deprive every future victim of Monsanto's killer Roundup of their right to fair and full compensation and to a jury trial," Tom Kline and Jason Itkin, plaintiffs' attorneys for users of the weedkiller who haven't settled their suits, said in an emailed statement to Bloomberg on Tuesday.

Bayer has lost a series of high-profile multi-million dollar cases for Roundup's role in causing non-Hodgkin's lymphoma in people who used the Monsanto brand herbicide. That series of losses has seen investors flee from Bayer since it acquired Monsanto for $63 billion in 2018.

To stem the tide of suits, Bayer insisted that the protection against future suits is a linchpin of the current settlement. Without it, the bulk of the $10 billion deal has the potential to fall apart, according to The New York Times.

In addition to the $8.8 billion to $9.6 billion to cover about 95,000 cases, $1.25 billion was set aside to finance the scientific panel and assist impoverished Roundup users with non-Hodgkin's lymphoma. As The New York Times described, that panel would then decide whether glyphosate caused cancer and, if so, what exposure level was dangerous. Both Bayer and claimants would be bound to accept the findings in future litigation.

New York-based lawyer Hunter Shkolnik opposed the novel class-action idea from the onset. He described it as "nothing more than a legally infirm, backroom deal to protect Monsanto rather than compensating Roundup cancer victims," in an emailed statement to Bloomberg.

Judge Chhabria asked on Monday whether it was lawful to remove judges and juries from the equation and to shift the question of whether Roundup caused cancer to a panel of scientists.

According to The New York Times, he also noted the three previous multimillion-dollar verdicts and asked, "Why would a potential class member want to replace a jury trial and the right to seek punitive damages with the process contemplated by the settlement agreement?"

Furthermore, Chhabria also worried that the science on glyphosate's cancer-causing properties is still evolving. That led him to question whether it would pass legal muster to have claimants bound by one study that didn't find toxicity when a future, more rigorous study may find the opposite, as Bloomberg reported.

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Australia Pro Cycling Race Connections to Fossil Fuel Money Under Scrutiny

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For Species That Rely on Wind, Climate Change Won’t Be a Breeze

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Cottongrass blows in the wind at the edge of Etivlik Lake, Alaska. Western Arctic National Parklands / Wikimedia Commons / CC by 2.0

By Tara Lohan

Warming temperatures on land and in the water are already forcing many species to seek out more hospitable environments. Atlantic mackerel are swimming farther north; mountain-dwelling pikas are moving upslope; some migratory birds are altering the timing of their flights.

Numerous studies have tracked these shifting ranges, looked at the importance of wildlife corridors to protect these migrations, and identified climate refugia where some species may find a safer climatic haven.

"There's a huge amount of scientific literature about where species will have to move as the climate warms," says U.C. Berkeley biogeographer Matthew Kling. "But there hasn't been much work in terms of actually thinking about how they're going to get there — at least not when it comes to wind-dispersed plants."

Kling and David Ackerly, professor and dean of the College of Natural Resources at U.C. Berkeley, have taken a stab at filling this knowledge gap. Their recent study, published in Nature Climate Change, looks at the vulnerability of wind-dispersed species to climate change.

It's an important field of research, because while a fish can more easily swim toward colder waters, a tree may find its wind-blown seeds landing in places and conditions where they're not adapted to grow.

Kling is careful to point out that the researchers weren't asking how climate change was going to change wind; other research suggests there likely won't be big shifts in global wind patterns.

Instead the study involved exploring those wind patterns — including direction, speed and variability — across the globe. The wind data was then integrated with data on climate variation to build models trying to predict vulnerability patterns showing where wind may either help or hinder biodiversity from responding to climate change.

One of the study's findings was that wind-dispersed or wind-pollinated trees in the tropics and on the windward sides of mountain ranges are more likely to be vulnerable, since the wind isn't likely to move those dispersers in the right direction for a climate-friendly environment.

The researchers also looked specifically at lodgepole pines, a species that's both wind-dispersed and wind-pollinated.

They found that populations of lodgepole pines that already grow along the warmer and drier edges of the species' current range could very well be under threat due to rising temperatures and related climate alterations.

"As temperature increases, we need to think about how the genes that are evolved to tolerate drought and heat are going to get to the portions of the species' range that are going to be getting drier and hotter," says Kling. "So that's what we were able to take a stab at predicting and estimating with these wind models — which populations are mostly likely to receive those beneficial genes in the future."

That's important, he says, because wind-dispersed species like pines, willows and poplars are often keystone species whole ecosystems depend upon — especially in temperate and boreal forests.

And there are even more plants that rely on pollen dispersal by wind.

"That's going to be important for moving genes from the warmer parts of a species' range to the cooler parts of the species' range," he says. "This is not just about species' ranges shifting, but also genetic changes within species."

Kling says this line of research is just beginning, and much more needs to be done to test these models in the field. But there could be important conservation-related benefits to that work.

"All these species and genes need to migrate long distances and we can be thinking more about habitat connectivity and the vulnerability of these systems," he says.

The more we learn, the more we may be able to do to help species adapt.

"The idea is that there will be some landscapes where the wind is likely to help these systems naturally adapt to climate change without much intervention, and other places where land managers might really need to intervene," he says. "That could involve using assisted migration or assisted gene flow to actually get in there, moving seeds or planting trees to help them keep up with rapid climate change."


Tara Lohan is deputy editor of The Revelator and has worked for more than a decade as a digital editor and environmental journalist focused on the intersections of energy, water and climate. Her work has been published by The Nation, American Prospect, High Country News, Grist, Pacific Standard and others. She is the editor of two books on the global water crisis. http://twitter.com/TaraLohan

Reposted with permission from The Revelator.

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Climate Change, Not Humans, Likely Eliminated Woolly Rhinos, New Study Shows

Animals
An illustration depicts the extinct woolly rhino. Heinrich Harder / Wikimedia Commons

The last Ice Age eliminated some giant mammals, like the woolly rhino. Conventional thinking initially attributed their extinction to hunting. While overhunting may have contributed, a new study pinpointed a different reason for the woolly rhinos' extinction: climate change.

The last of the woolly rhinos went extinct in Siberia nearly 14,000 years ago, just when the Earth's climate began changing from its frozen conditions to something warmer, wetter and less favorable to the large land mammal. DNA tests conducted by scientists on 14 well-preserved rhinos point to rapid warming as the culprit, CNN reported.

"Humans are well known to alter their environment and so the assumption is that if it was a large animal it would have been useful to people as food and that must have caused its demise," says Edana Lord, a graduate student at the Center for Paleogenetics in Stockholm, Sweden, and co-first author of the paper, Smithsonian Magazine reported. "But our findings highlight the role of rapid climate change in the woolly rhino's extinction."

The study, published in Current Biology, notes that the rhino population stayed fairly consistent for tens of thousands of years until 18,500 years ago. That means that people and rhinos lived together in Northern Siberia for roughly 13,000 years before rhinos went extinct, Science News reported.

The findings are an ominous harbinger for large species during the current climate crisis. As EcoWatch reported, nearly 1,000 species are expected to go extinct within the next 100 years due to their inability to adapt to a rapidly changing climate. Tigers, eagles and rhinos are especially vulnerable.

The difference between now and the phenomenon 14,000 years ago is that human activity is directly responsible for the current climate crisis.

To figure out the cause of the woolly rhinos' extinction, scientists examined DNA from different rhinos across Siberia. The tissue, bone and hair samples allowed them to deduce the population size and diversity for tens of thousands of years prior to extinction, CNN reported.

Researchers spent years exploring the Siberian permafrost to find enough samples. Then they had to look for pristine genetic material, Smithsonian Magazine reported.

It turns out the wooly rhinos actually thrived as they lived alongside humans.

"It was initially thought that humans appeared in northeastern Siberia fourteen or fifteen thousand years ago, around when the woolly rhinoceros went extinct. But recently, there have been several discoveries of much older human occupation sites, the most famous of which is around thirty thousand years old," senior author Love Dalén, a professor of evolutionary genetics at the Center for Paleogenetics, said in a press release.

"This paper shows that woolly rhino coexisted with people for millennia without any significant impact on their population," Grant Zazula, a paleontologist for Canada's Yukon territory and Simon Fraser University who was not involved in the research, told Smithsonian Magazine. "Then all of a sudden the climate changed and they went extinct."

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Clean Energy Needs Women and People of Color to Drive Social Change

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A quality engineer examines new solar panels in a factory. alvarez / Getty Images

Transitioning to renewable energy can help reduce global warming, and Jennie Stephens of Northeastern University says it can also drive social change.

For example, she says that locally owned businesses can lead the local clean energy economy and create new jobs in underserved communities.

"We really need to think about … connecting climate and energy with other issues that people wake up every day really worried about," she says, "whether it be jobs, housing, transportation, health and well-being."

To maximize that potential, she says the energy sector must have more women and people of color in positions of influence. Research shows that leadership in the solar industry, for example, is currently dominated by white men.

"I think that a more inclusive, diverse leadership is essential to be able to effectively make these connections," Stephens says. "Diversity is not just about who people are and their identity, but the ideas and the priorities and the approaches and the lens that they bring to the world."

So she says by elevating diverse voices, organizations can better connect the climate benefits of clean energy with social and economic transformation.

Reposted with permission from Yale Climate Connections.

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