Trump’s EPA Backs Bayer’s Appeal in Roundup Verdict Appeal
The Environmental Protection Agency (EPA) added its weight to back Bayer AG in its appeal against a federal jury verdict that decided its Roundup weed killer causes cancer, according to Bloomberg.
Bayer is looking to overturn a verdict that first awarded a plaintiff $80 million, but was reduced to $25 million by a federal judge, in a suit that claimed the world's most popular herbicide caused a man's non-Hodgkin lymphoma. The EPA, working with the U.S. Department of Justice, filed papers in court on Friday fully and unequivocally supporting Bayer's claim that glyphosate, the active ingredient in Roundup, does not cause cancer, as The Wall Street Journal reported.
When the U.S. District Judge Vince Chhabria cut the jury reward in the spring, he refused to overturn the jury's findings that Roundup should have been sold with a cancer warning on the label. The EPA, however, said in papers that it had vetted and approved the Roundup warning label issued by Monsanto, which Bayer acquired in 2018 for about $63 billion, and it did not require a cancer warning, as Bloomberg reported.
The filings by the EPA and Justice Department said that Monsanto, and subsequently Bayer, could not print a cancer-risk warning on its label because the EPA has the sole authority over warning labels on chemical products and the EPA would not have approved a cancer warning on Roundup labels, according to The Wall Street Journal.
"That label, once reviewed and approved by EPA, is controlling," the agency said, as Bloomberg reported. "States cannot impose distinct labeling requirements."
In August, the EPA administrator Andrew Wheeler said his agency would not allow a cancer-risk warning on glyphosate-based herbicides, saying it was tantamount to false labeling since the EPA had deemed it safe, as The Wall Street Journal reported.
"EPA has a longstanding position—It's not just this administration which determined that this pesticide does not cause cancer," said Jeffrey Clark, the assistant attorney general of the Environment and Natural Resources Division at the Justice Department in an interview, to The Wall Street Journal. "EPA should be in control. Congress set it up that way."
In its appeal, Bayer alleged that Chhabria made several errors and that the plaintiff's claims are preempted by federal law. Bayer claims that under the Federal Insecticide, Fungicide, and Rodenticide Act, it actually would have been misbranding to print a cancer-risk warning on a glyphosate-based product, according to IEG Policy Agribusiness.
Bayer is facing a mountain of litigation as there were 42,700 others suing the company over Roundup as of October, according to Bloomberg. So far, Bayer has lost three U.S. court cases where plaintiffs have claimed that long-term exposure to Roundup had caused their cancer. The company has postponed two trials in the U.S. while it works with a mediator to try to hammer out a settlement with the plaintiffs, as Bloomberg reported.
Legal scholars told The Wall Street Journal that the filing by the EPA and the Justice Department will stand out to the appeals court, and the federal government will often add its opinion when a case is based on the interpretation of a federal statute.
Bayer said in a statement to Bloomberg that it's pleased the EPA "expressed its views in this appeal, which are consistent with the preemption arguments we have made throughout this case."
Aimee Wagstaff, the lawyer for Edwin Hardeman, the plaintiff, emailed a statement to Bloomberg that said the EPA's filing reflected a desperation move by Bayer that has been rejected by several state and federal judges. "The EPA's brief doesn't change the law," she wrote.
"We are confident the Ninth Circuit will also reject Monsanto's argument and rule in favor of Mr. Hardeman," she added, as The Wall Street Journal reported.
The appeals court judges "may not ultimately agree with the side the government is supporting for other reasons," said Ben Feuer, an appellate lawyer in San Francisco, as The Wall Street Journal reported, but the agency's brief "is going to be closely parsed and they will engage with it."
- Ethics Investigations Opened into Actions of EPA Head Wheeler ... ›
- Trump's EPA Sides With Monsanto, Extends Dicamba 2 More Years ›
- Federal Court Reverses EPA Approval of Crop-Harming Dicamba - EcoWatch ›
- Federal Court Reverses EPA Approval of Crop-Harming Dicamba - EcoWatch ›
- Judge Blocks California From Putting Cancer Warning on Roundup - EcoWatch ›
- Bayer Settles Roundup Cancer Suits for Over $10 Billion - EcoWatch ›
In a dramatic rescue captured on camera, a Florida man ran into a pond and pried open an alligator's mouth in order to rescue his beloved puppy, all without dropping his cigar.
- 'He had green eyes': Florida man will paint alligator that attacked him ›
- Florida alligator attack: A woman was attacked by a 10-foot alligator ... ›
- Weird presidential pets include alligator, tiger cub, dog named Satan ... ›
- Alligators make terrible pets: 'You're basically dealing with a dinosaur.' ›
EcoWatch Daily Newsletter
Jean-Marc Neveu and Olivier Civil never expected to find themselves battling against disposable mask pollution.
When they founded their recycling start-up Plaxtil in 2017, it was textile waste they set their sights on. The project developed a process that turned fabrics into a new recyclable material they describe as "ecological plastic."
Mounting Piles of Waste<p>It is not only the streets of Chatellerault where pandemic pollution is piling-up, but also the world's beaches and oceans. Once there, they can take up to 450 years to degrade and disappear.</p><p>Esther Röling, co-organizer of the annual Adventure Clean Up Challenge held on Hong Kong Island, has seen this waste firsthand. In October the sports challenge pitted teams against one another in a competition to remove trash from 13 hard-to-reach coastal areas around the city.</p><p>They find tons of both disposable and reusable masks, said Röling. "You wonder how it ended up there. Was it just thrown on the ground? Or was it in a garbage bag that broke open?"</p><p>Almost 10,000 kilometers away in Antibes on the sunny French Riviera, it's a similar picture. For the past few months, divers and clean-up volunteers working with an ocean clean-up non-profit called Operation Mer Propre have been collecting an increasing number of masks found on land and in the sea.</p><p>"Since the beginning of the lockdown when we started to count, we've reached 800, 900, [and now in total] 1000 masks," said co-founder Joko Peltier. </p><p>According to <a href="https://unctad.org/news/growing-plastic-pollution-wake-covid-19-how-trade-policy-can-help" target="_blank">UN estimates</a>, up to 75% of all coronavirus-related plastic could end up as waste in oceans and landfills.</p>
The Limits of Recycling<p>Yet not all are convinced the recycling of this waste is possible on a global scale. </p><p>"What those citizen groups are doing is really beneficial but once they collect it, it should just go to a landfill or an incinerator. They shouldn't necessarily expect it to get recycled," said Jonathan Krones, an industrial ecologist and visiting assistant professor of environmental studies at Boston College.</p><p>That's because mask recycling programs like Plaxtil are few and far between and most don't have the benefit of a readily adaptable production process. </p><p>Even in countries with solid recycling infrastructure, he says, the system is designed to separate out specific types of waste like bottles or cardboard.</p><p>"I imagine that it would be technically feasible to develop a separation process to filter out masks, but there simply aren't enough of them to make that economical," he said.</p><p>Collection is a big hurdle, he adds. Since each mask only weighs a fraction of a gram and they're scattered on roads or mixed with other trash, it is difficult and costly. </p><p>"You need a lot of raw material of the right quality to make investing in the recycling technology and the recycling system worthwhile," he said.<span></span><br></p>
Hemp, Sugar Cane and Sustainable Alternatives<p>Some projects are instead addressing the material used to make masks.</p><p>French company Geochanvre have created a mask made primarily from hemp, while in Australia, researchers at the Queensland University of Technology are experimenting with a disposable product made from agricultural waste. </p><p>Biodegradable options are exciting alternatives to reduce the fossil fuels needed for the creation of plastic-based masks, said Krones, but they don't absolve the wearer from the responsibility of what happens afterwards. </p><p>Bio-based masks often need their own composing solutions, he explains, because in landfill they can produce high amounts of the greenhouse gas methane when anaerobic bacteria feeds on the organic material. Methane is known to be significantly more potent than carbon dioxide.</p><p>"I think as long as we have in our mind that we want to have disposability, we're going to have to wrestle with a variety of different sorts of environmental tradeoffs," he said, adding that reusable, fabric masks are the best option available to most people.</p><p>Precimask is developing a clear face covering with an optional visor made from hard plastic, designed to be long-lasting.<br></p><p>Air enters either side of the cheeks through a technology normally found in pool filters and car exhaust systems, said company spokeswoman Juliette Chambet.</p><p>"We wanted to make ceramic-based filters that would be washable and cleanable, which would allow them to be reused as many times as desired without having to buy a new consumable or produce waste," she said. </p><p>Ultimately, encouraging mask wearers to think about the entire lifecycle of a mask is key, explains Neveu. </p><p>"We want people who put on the masks to realize that they are also responsible for the waste, he said. "It's not inevitable that this [pandemic] will become an environmental catastrophe.</p><p><em>Reposted with permission from </em><em><a href="https://www.dw.com/en/covid-19-recycling-pollution-trash-pandemic/a-55707817" target="_blank">Deutsche Welle</a>.</em><a href="https://www.ecowatch.com/r/entryeditor/2649032193#/" target="_self"></a></p>
- Coronavirus Plastic Waste Polluting the Environment - EcoWatch ›
- Scuba Divers Make Face Masks out of Recycled Ocean Plastic ... ›
By Bret Wilkins
In a year in which the United States has already suffered 16 climate-driven extreme weather events causing more than $1 billion in economic damages, and as millions of American workers face loss of essential unemployment benefits due to congressional inaction, a report published Monday reveals the Trump administration has given fossil fuel companies as much as $15.2 billion in direct relief — and tens of billions more indirectly — through federal COVID-19 recovery programs since March.
- 'We Need People's Bailout, Not Polluters' Bailout': Climate Groups ... ›
- Corporate Polluters Have Received Tens of Millions in PPP Loans ... ›
- Trump Bails Out Oil Industry, Not U.S. Families, as Coronavirus ... ›
- Former Federal Reserve Governor Rebukes Fed for Fossil Fuel Bail ... ›
By Ashia Aubourg
As Thanksgiving approaches, some Indigenous organizations and activists caution against perpetuating further injustices towards Native communities. Indigenous activist Mariah Gladstone, for example, encourages eaters to celebrate the harvest time in ways that do not involve stereotypes and pilgrim stories.
- Why Face Masks Belong at Your Thanksgiving Gathering + 7 Things ... ›
- Reasons to Be Thankful — 8 Food and Farm 'Good News' Stories ... ›
- Why I'm Going to Standing Rock for Thanksgiving - EcoWatch ›
By Alex Middleton
Losing weight and reducing fat is a hard battle to fight. Thankfully, there are fat burner supplements that help you gain your target body and goal. However, how would you know which supplement is right for you?