Quantcast
Environmental News for a Healthier Planet and Life

Help Support EcoWatch

Trump’s EPA Backs Bayer’s Appeal in Roundup Verdict Appeal

Popular
The Environmental Protection Agency West pictured in DC. Wally Gobetz / Flickr / CC BY-NC-ND 2.0

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."

EcoWatch Daily Newsletter

Hurricane Florence on Sept. 12, 2018. ESA / A.Gerst / CC BY-SA 2.0

The 2020 hurricane season is now expected to be the most active since at least the early 1980s, meteorologists at Colorado State University, a standard bearer for seasonal hurricane predictions, announced Wednesday.

Read More Show Less
The Qamutik cargo ship on July 28, 2020 in Canada's Nunavut province, where two ice caps have disappeared completely. Fiona Paton / Flickr

Three years ago, scientists predicted it would happen. Now, new NASA satellite imagery confirms it's true: two ice caps in Canada's Nunavut province have disappeared completely, providing more visual evidence of the rapid warming happening near the poles, as CTV News in Canada reported.

Read More Show Less
The European Commission launched a new Farm to Fork strategy in an effort to reduce the social and environmental impact of the European food system. European Environmental Agency / Flickr / CC by 2.0

By Katell Ané

The European Commission launched a new Farm to Fork strategy in an effort to reduce the social and environmental impact of the European food system. It is the newest strategy under the European Green Deal, setting sustainability targets for farmers, consumers, and policymakers.

Read More Show Less
President Trump signs an executive order regulating social media on May 28, 2020 in Washington, DC. Doug Mills-Pool / Getty Images

Facebook and Twitter removed posts by President Donald Trump and his campaign Wednesday for violating their policies against spreading false information about COVID-19.

Read More Show Less
Florida Fish and Wildlife Research Institute staff and volunteers try to help a stranded bottlenose dolphin in Cockroach Bay near Ruskin, Florida on Sept. 17, 2015. FWC Fish and Wildlife Research Institute

A new study gives a first look at the presence and potential effects of plastics and new forms of synthetic chemicals in stranded dolphins and whales along the coast of the southeastern U.S.

Read More Show Less
Smoke rises above wrecked buildings following a deadly explosion on Aug. 4, 2020 in Beirut, Lebanon. Marwan Tahtah / Getty Images

By Alexander Freund

Lebanese Prime Minister Hassan Diab says he believes Tuesday's explosion in Beirut could have been caused by large quantities of ammonium nitrate stored in the port.

Read More Show Less

Trending

Black Americans are dying from Covid-19 at more than twice the rate of white Americans, and at younger ages, partly due to poor diets that make bodies less resistant to the coronavirus. Mireya Acierto / Getty Images

By Michelle D. Holmes

Most Americans know about the Dietary Guidelines for Americans primarily through their colorful representations: the original food pyramid, which a few years ago morphed into MyPlate. The guidelines represent the government mothering us to choose the healthiest vegetables, grains, sources of protein, and desserts, and to eat them in the healthiest portions.

As innocuous as the food pyramid and MyPlate seem, they are actually a matter of life and death.

Read More Show Less