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Daily News Blog

27
Jun

After Court Finds EPA Inaction Unlawful, It’s Time for the Agency to Ban Glyphosate

(Beyond Pesticides, June 27, 2022) It is now—more than ever—up to the Environmental Protection Agency (EPA) to recognize glyphosate (Roundup and other products) as a carcinogen and remove it from the market. As the Ninth Circuit Court of Appeals voided EPA’s “interim registration review” decision approving continued use of glyphosate, issued in early 2020 saying, “EPA did not adequately consider whether glyphosate causes cancer and shirked its duties under the Endangered Species Act (ESA),” and the Supreme Court refused to consider (deny certiorari) a Bayer petition to save the company from being held accountable to those diagnosed with cancer after using glyphosate herbicides, EPA’s failure to act speaks to the capture of the agency by the industry it is supposed to regulate.

Tell the EPA to ban glyphosate immediately. Tell Congress to ensure that EPA performs its job as required by law. 

The Ninth Circuit court held that EPA unlawfully concluded that glyphosate does not pose a cancer risk. Despite overwhelming evidence and high profile lawsuits against Bayer—with jury verdicts against the company in the tens of millions of dollars—EPA came to “no conclusion” on glyphosate’s connection to non-Hodgkin lymphoma (NHL). Notably, the agency did not assess how much glyphosate gets into a user’s bloodstream after skin contact with the herbicide, a major route of exposure for the chemical. The court criticized EPA for its “disregard of tumor results;” its use of “bare assertions” that “fail[] to account coherently for the evidence;” making conclusions that do not “withstand[] scrutiny under the agency’s own framework,” and “fail[ing] to abide by” its cancer guidelines. In sum the court noted EPA’s “inconsistent reasoning” made its decision on cancer “arbitrary,” and struck it down.

Meanwhile, courts have been granting large settlements to people who contracted cancer as a result of using glyphosate. In June 2020, facing approximately 125,000 suits for Roundup’s role in cancer outcomes, Bayer announced a $10 billion settlement to resolve roughly 75% of current and potential future litigation; claimants who signed on to the settlement were to receive compensation and were not to pursue any additional legal action. However, roughly 30,000 complainants did not sign on to the settlement, leaving the queue of potential lawsuits potentially enormous. Seeing the writing on the wall, Bayer tried for a second settlement (of roughly $2 billion) to handle any future claims, but in 2021, a U.S. District Court judge (for the Northern District of California) rejected Bayer’s settlement proposal, saying that it was inadequate for future victims diagnosed with cancer after using the herbicide.

Other evidence is mounting against glyphosate, with research showing disruption of bumblebee reproduction, negative impacts on the gut microbiome, increased greenhouse gas emissions, oxidative stress and DNA damage, body burdens, threats to endangered species, and more. If EPA is to convince citizens that it is worthy of the job entrusted to it and not captured by the pesticide industry—in particular, Bayer/Monsanto—it must do a thorough review of all the evidence that finds glyphosate to be carcinogenic.

That evidence shows that glyphosate must be banned immediately.

Tell the EPA to ban glyphosate immediately. Tell Congress to ensure that EPA performs its job as required by law. 

Letter to EPA Administrator and Assistant Administrator, and Office of Pesticide Programs Director:

It is now—more than ever—up to EPA to recognize glyphosate (Roundup and other products) as a carcinogen and remove it from the market. As the Ninth Circuit Court of Appeals voided EPA’s “interim registration review” decision approving continued use of glyphosate, issued in early 2020 saying, “EPA did not adequately consider whether glyphosate causes cancer and shirked its duties under the Endangered Species Act (ESA),” and the Supreme Court refused to consider (deny certiorari) a Bayer petition to save the company from being held accountable to those diagnosed with cancer after using glyphosate herbicides, EPA’s failure to act speaks to the capture of the agency by the industry it is supposed to regulate.

The Ninth Circuit court held that EPA unlawfully concluded that glyphosate does not pose a cancer risk. Despite overwhelming evidence and high profile lawsuits against Bayer—with jury verdicts against the company in the tens of millions of dollars—EPA came to “no conclusion” on glyphosate’s connection to non-Hodgkin lymphoma (NHL). Notably, the agency did not assess how much glyphosate gets into a user’s bloodstream after skin contact with the herbicide, a major route of exposure for the chemical. The court criticized EPA for its “disregard of tumor results;” its use of “bare assertions” that “fail[] to account coherently for the evidence;” making conclusions that do not “withstand[] scrutiny under the agency’s own framework,” and “fail[ing] to abide by” its cancer guidelines. In sum the court noted EPA’s “inconsistent reasoning” made its decision on cancer “arbitrary,” and struck it down.

Meanwhile, courts have been granting large settlements to people who contracted cancer as a result of using glyphosate. In June 2020, facing approximately 125,000 suits for Roundup’s role in cancer outcomes, Bayer announced a $10 billion settlement to resolve roughly 75% of current and potential future litigation; claimants who signed on to the settlement were to receive compensation and were not to pursue any additional legal action. However, roughly 30,000 complainants did not sign on to the settlement, leaving the queue of potential lawsuits potentially enormous. Seeing the writing on the wall, Bayer tried for a second settlement (of roughly $2 billion) to handle any future claims, but in 2021, a U.S. District Court judge (for the Northern District of California) rejected Bayer’s settlement proposal, saying that it was inadequate for future victims diagnosed with cancer after using the herbicide.

Other evidence is mounting against glyphosate, with research showing disruption of bumblebee reproduction, negative impacts on the gut microbiome, increased greenhouse gas emissions, oxidative stress and DNA damage, body burdens, threats to endangered species, and more. If EPA is to convince citizens that it is worthy of the job entrusted to it and not captured by the pesticide industry—in particular, Bayer/Monsanto—it must do a thorough review of all the evidence that finds glyphosate to be carcinogenic.

Please ban glyphosate immediately.

Thank you.

Letter to U.S. Representative and Senators:

Please ensure that the Environmental Protection Agency (EPA) performs its job as required by law.

It is now—more than ever—up to EPA to recognize glyphosate (Roundup and other products) as a carcinogen and remove it from the market. As the Ninth Circuit Court of Appeals voided EPA’s “interim registration review” decision approving continued use of glyphosate, issued in early 2020 saying, “EPA did not adequately consider whether glyphosate causes cancer and shirked its duties under the Endangered Species Act (ESA),” and the Supreme Court refused to consider (deny certiorari) a Bayer petition to save the company from being held accountable to those diagnosed with cancer after using glyphosate herbicides, EPA’s failure to act speaks to the capture of the agency by the industry it is supposed to regulate.

The Ninth Circuit court held that EPA unlawfully concluded that glyphosate does not pose a cancer risk. Despite overwhelming evidence and high profile lawsuits against Bayer—with jury verdicts against the company in the tens of millions of dollars—EPA came to “no conclusion” on glyphosate’s connection to non-Hodgkin lymphoma (NHL). Notably, the agency did not assess how much glyphosate gets into a user’s bloodstream after skin contact with the herbicide, a major route of exposure for the chemical. The court criticized EPA for its “disregard of tumor results;” its use of “bare assertions” that “fail[] to account coherently for the evidence;” making conclusions that do not “withstand[] scrutiny under the agency’s own framework,” and “fail[ing] to abide by” its cancer guidelines. In sum the court noted EPA’s “inconsistent reasoning” made its decision on cancer “arbitrary,” and struck it down.

Meanwhile, courts have been granting large settlements to people who contracted cancer as a result of using glyphosate. In June 2020, facing approximately 125,000 suits for Roundup’s role in cancer outcomes, Bayer announced a $10 billion settlement to resolve roughly 75% of current and potential future litigation; claimants who signed on to the settlement were to receive compensation and were not to pursue any additional legal action. However, roughly 30,000 complainants did not sign on to the settlement, leaving the queue of potential lawsuits potentially enormous. Seeing the writing on the wall, Bayer tried for a second settlement (of roughly $2 billion) to handle any future claims, but in 2021, a U.S. District Court judge (for the Northern District of California) rejected Bayer’s settlement proposal, saying that it was inadequate for future victims diagnosed with cancer after using the herbicide.

Other evidence is mounting against glyphosate, with research showing disruption of bumblebee reproduction, negative impacts on the gut microbiome, increased greenhouse gas emissions, oxidative stress and DNA damage, body burdens, threats to endangered species, and more. If EPA is to convince citizens that it is worthy of the job entrusted to it and not captured by the pesticide industry—in particular, Bayer/Monsanto—it must do a thorough review of all the evidence that finds glyphosate to be carcinogenic.

Please ensure that EPA bans glyphosate immediately.

Thank you.

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One Response to “After Court Finds EPA Inaction Unlawful, It’s Time for the Agency to Ban Glyphosate”

  1. 1
    Scott stockdale Says:

    Due to the epa neglegents this court case with bayer ha as been delayed at the cost of lives can theepa be held accountable? If not bayer should do what’s right and settle those cases immediately.

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