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Daily News Blog

Archive for the 'Litigation' Category


29
Jun

Industrial Chemical Giants in PFAS Water Contamination Case Agree to $1.185 Billion Settlement

(Beyond Pesticides, June 29, 2023) In the first major settlement amid an influx of PFAS litigation, industrial chemical giants DuPont, Chemours, and Corteva will pay $1.185 billion dollars to cities and towns across the U.S. to cover the cost of PFAS remediation and monitoring in public drinking water systems. The significance of this nationwide class-action settlement cannot be overstated, as citizens have battled powerful chemical corporations for decades with limited success. Dangerous toxicants have been indiscriminately discharged into the environment by chemical companies since the mid-1900s, and the PFAS litigation is important in the company’s acceptance of responsibility for contamination. Of course, the damage to health and the environment is incalculable, given the pervasive environmental contamination and poisoning that it has caused, and additional lawsuits are pending, with more expected. Advocates maintain that this case exemplifies the inadequacies of regulatory controls that do a poor job of capturing the long-term effects of chemicals before being introduced into the market and a worse job of questioning the essentiality of toxic substances for which there are alternative practices and products. PFAS bring into sharp focus the legacy of chemical contamination and the impact on  future generations—a problem well-documented with pesticides like DDT […]

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15
Jun

Recent Supreme Court Ruling on Clean Water Act “will take our country backwards”

(Beyond Pesticides, June 15, 2023) The Supreme Court’s recent ruling in Sackett v. Environmental Protection Agency (EPA) on the Clean Water Act’s jurisdiction dramatically limits the EPA’s ability to protect critical wetland ecosystems. On May 25, in a 5-4 majority decision, the Supreme Court ruled that EPA has authority to protect only “wetlands with a continuous surface connection to bodies that are ‘waters of the United States’ in their own right.” Wetlands must appear “indistinguishable” from larger waterways at a surface-level perspective. Wetlands next to a large waterway are no longer protected if they are separated by a manmade or terrestrial barrier. Water flows underground from upstream to downstream sources and exits the confines of its customary boundaries during periods of flooding, so to declare waterways distinct based merely on a surface-level perspective defies scientific understanding of ecosystem health.  Critical Nature of Wetland Ecology  The conservation of wetland ecology is critical to the health of our environment. The United States Geological Survey (USGS) states, “Wetlands are among the most productive habitats on earth” given their role in flood resilience, improvement in water quality, and coastal erosion control. Wetlands are essential nursery grounds for many species of fish and oases for […]

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16
May

Groups Announce Intent to Sue Fish and Wildlife Service Over Failure to Protect Manatees

(Beyond Pesticides, May 16, 2023) U.S. Fish and Wildlife Service (USFWS) is set to be sued for its failure to implement strong protections for imperiled manatee populations. Earlier this month, the Harvard Animal Law and Policy Clinic, Center for Biological Diversity, Miami Waterkeeper, and engineer Frank González Garcia sent USFWS a notice of intent to sue after USFWS failed to respond to a petition sent by the groups last fall. “It has been months of agony and unjustified time lost for manatees in Puerto Rico,” said Mr. Garcia, an engineer who is concerned with the loss of natural resources. “Recent fatal accidents and unprecedented toxic water discharges aggravate the already precarious living and survival conditions of this beloved species,” Mr. Garcia said. Recent reporting has captured a dismal situation for manatee populations. The species is under threat from a range of anthropogenic impacts, from boat strikes to harmful herbicide contamination, pollution-driven red tides, and algae blooms that have destroyed seagrass beds the species rely upon. Starvation resulting from the loss of seagrass beds was the cause of death for more than 1,000 manatees in 2021, prompting wildlife officials to feed them cabbage and lettuce as a last resort to keep […]

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24
Jan

Legal Case Opens To Stop Antibiotics in Citrus and Advance Organic, Given Resistant Bacteria Crisis

(Beyond Pesticides, January 24, 2023) Oral arguments begin this week in a lawsuit challenging the U.S. Environmental Protection Agency’s (EPA) approval of the antibiotic streptomycin as a pesticide on citrus crops. Brought forth by a coalition of farmworker, health, and environmental groups, the lawsuit aims to stop the use of a critical medical treatment for agricultural purposes. “Humanity’s dwindling supply of medically effective antibiotics is not worth sacrificing for an industry that has safer alternatives available,” said Drew Toher, community resource and policy director at Beyond Pesticides. “Despite the challenges, we know from the elimination of this material in organic production that we don’t need antibiotics in order to produce a glass of orange juice.”  In 2020, the Lancet published an article that identifies several of the multiple and interacting crises the U.S. and world face, with a focus on another “looming potential pandemic . . . [a] rise in multidrug-resistant bacterial infections that are undetected, undiagnosed, and increasingly untreatable, [whose rise] threatens the health of people in the USA and globally.” It calls on leaders in the U.S. and beyond, asking that even as they address the current coronavirus pandemic, they also attend to the antimicrobial resistance (AMR) problem, […]

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06
Jan

EPA’s Failure to Regulate Endocrine-Disrupting Pesticides before a Federal Court. . . Again

(Beyond Pesticides, January 6, 2023) Plaintiffs in a recent pesticide lawsuit against the U.S. Environmental Protection Agency (EPA) reprise, in their arguments, a critique proffered repeatedly by Beyond Pesticides: the agency has failed, for many years, to evaluate and regulate endocrine-disrupting pesticides adequately. The suit, according to Progressive Farmer, argues that the 1996 Food Quality Protection Act (FQPA) — legislation that mandated that EPA establish “tolerances” for pesticides in foods and regulate on those bases — required EPA to develop an endocrine disruptor screening program (EDSP) and to implement it by 1999. The litigation goes on to note that “more than twenty-five years after the passage of the FQPA, EPA has yet to implement the EDSP it created and further, has failed to even initiate endocrine testing for approximately 96% of registered pesticides.” Plaintiffs are asking the court, among other requests (see below) to order “EPA to complete all actions required under the FQPA at issue in this case as soon as reasonably practicable, according to a Court-ordered timeline.” Endocrine disruptors are chemicals that can, even at low exposure levels, disrupt normal hormonal (endocrine) function. Endocrine disruptors function by: (1) mimicking the action of a naturally produced hormone, such as estrogen […]

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12
Oct

EPA Asks Federal Court to Allow Reconsideration of Its Decision to Permit Paraquat’s Continued Use

(Beyond Pesticides, October 12, 2022) The U.S. Environmental Protection Agency (EPA) is asking a federal court for permission to go back and reconsider its decision to reapprove use of the highly hazardous herbicide paraquat, according to a filing submitted by the agency late last month. Advocates see the move as encouraging, since meaningful EPA action on this Parkinson’s-linked chemical is long overdue. Last year, advocates condemned the Biden Administration for its reapproval of the weed killer with fewer protections than those proposed by the Trump Administration, marking a deeply concerning sign for pesticide reform campaigners looking to the administration for positive change. EPA’s request is the result of a legal challenge brought by the California Rural Legal Assistance Foundation, Earthjustice, Farmworker Association of Florida, Pesticide Action Network, and the Michael J. Fox Foundation for Parkinson’s Research.  The groups argued that the agency’s decision to reregister paraquat was not legal based on substantial evidence that the chemical poses unreasonable risks to human health and the environment. While EPA made its initial decision to reapprove paraquat in the late days of the Trump Administration, it was under the Biden Administration that the agency reversed a proposed ban on aerial use, permitting broad-scale […]

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30
Sep

EPA’s Failure to Ban Glyphosate Keeps Burden of Protection with Consumers and Local and State Governments

(Beyond Pesticides, September 30, 2022) In late September, the U.S. Environmental Protection Agency (EPA) announced the withdrawal of its Interim Decision on glyphosate, the active ingredient in multiple herbicides, most notably Monsanto’s (now Bayer’s) Roundup. The action follows a slew of developments related to the herbicide, including: the 2015 International Agency for Research on Cancer’s declaration of its carcinogenicity; legal judgments and massive rewards to victims who developed cancers after chronic exposures; advocate efforts to get EPA to recognize the dangers of, and curtail, its use; and pushback from industry — most of the latter two coming in the form of litigation. The withdrawal of that Interim Decision means, on the ground that this harmful compound can continue to be used until a next regulatory review decision by EPA. Beyond Pesticides has long been engaged in education on and advocacy against glyphosate use, and was a plaintiff in the 2020 lawsuit, with the Center for Food Safety (CFS), et al., against EPA for this 2020 Interim Decision (ID). Under FIFRA (the Federal Insecticide, Fungicide and Rodenticide Act) each pesticide must be reviewed by EPA every 15 years “to ensure that existing pesticide products continue to perform their intended function without […]

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20
Sep

Not Accessible to All, Court Finds QR Codes Unlawful as Means of Disclosing Genetically Engineered Food Ingredients

(Beyond Pesticides, September 20, 2022) A federal court this month declared that the U.S. Department of Agriculture (USDA) acted unlawfully in allowing food retailers to label genetically engineered (GE, or GMO) foods with only a “QR” code. The decision, made by U.S. District Court for the Northern District of California, comes as a result of a lawsuit against USDA by a coalition of nonprofits led by Center for Food Safety, along with organic retailers Natural Grocers and Puget Consumers Co-op. “This is a win for the American family. They can now make fully informed shopping decisions instead of being forced to use detective work to understand what food labels are hiding,” said Alan Lewis, Vice President for Advocacy and Governmental Affairs at Natural Grocers. “The public’s rejection of hidden GMOs has been weighed by the Court to be greater than the agrochemical industry’s desire to hide GMOs behind incomprehensible bureaucratic rules.” In 2016, Congress passed the National Bioengineered Food Disclosure Standards Act, which established federal standards around labeling GE foods. That bill, dubbed by GE transparency advocates as the DARK (Denying Americans the Right to Know) Act, was the result of a deal between U.S. Senators Debbie Stabenow (D-MO) and […]

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26
Jul

Inspector General Finds Secret EPA Meetings with Industry and Use of Untested Science to Lower Cancer Risk for Dangerous Fumigant

(Beyond Pesticides, July 26, 2022) Secret meetings with industry, the elevation of unqualified individuals to decision-making roles, using an untested scientific approach, failing to conduct a simple literature review, and an overall absence of public transparency. This is how the U.S. Environmental Protection Agency’s (EPA) conducted its cancer review for the potent fumigant pesticide 1,3-Dichloropropane (1,3-D; brand name: Telone), according to a report from EPA’s Office of Inspector General (OIG). EPA’s actions allowed a product once considered to pose a 1 in 10,000 risk of cancer to Americans to increase exposure by 9,000% (from 7.7 μg/m3 to 690 μg/m3). “These departures from established standards during the cancer assessment for 1,3-D undermine the EPA’s credibility, as well as public confidence in and the transparency of the Agency’s scientific approaches, in its efforts to prevent unreasonable impacts on human health,” the OIG report states. Yet, even with the agency’s failings laid out in clear view, EPA’s lackluster response to OIG’s corrective actions in this case add insult to its injurious actions against public health. OIG initiated a review of EPA’s cancer assessment for 1,3-D after the submission of multiple complaints. 1,3-D is a highly toxic fumigant used on a variety of crops, […]

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08
Jul

Supreme Court Politicizes Fed Agency Response to Climate Crisis, Limiting Broad Regulatory Action without Congressional Mandate

(Beyond Pesticides, July 8, 2022) Among the multiple, wrenching decisions handed down by the Supreme Court of the United States (SCOTUS) in a week-long tranche (June 24–30) was one that limits the ability of the U.S. Environmental Protection Agency (EPA) to regulate carbon dioxide (CO2) emissions from power plants. The decision may also, and with much broader implication, call into question the established authority of federal agencies to promulgate regulations not specifically authorized by Congress, but related to their overall mission to protect health and the environment. In this respect, the current court majority of six, arguably very conservative, justices has thus dealt a serious-though-not-fatal blow to EPA’s ability to carry out efforts to thwart the existential climate crisis and other crises on the short horizon, such as biodiversity collapse. The court has left these science-based decisions and strategies to a body locked in political logjam—the U.S. Congress. As Chief Justice John Roberts opined for the majority, “A decision [on carbon emissions] of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body.” Beyond Pesticides and other health, environmental, and environmental and climate justice advocates, as well as Democrats across […]

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22
Jun

Supreme Court Permits Large Jury Verdicts on Roundup, Appeals Court Finds EPA Registration Unlawful

(Beyond Pesticides, June 22, 2022) Bad news is piling up for Bayer (Monsanto) and its carcinogenic flagship weed killer, glyphosate (Roundup). Last week, the Court of Appeals for the Ninth Circuit handed down a ruling that held the U.S. Environmental Protection Agency’s (EPA) 2020 approval of its notorious weed killer glyphosate unlawful. Then, yesterday, the U.S. Supreme Court declined to consider (deny certiorari) Bayer’s “Hail Mary” petition attempt to save the company from being held accountable to those diagnosed with cancer after using Roundup (glyphosate) herbicides. In both cases, the courts are acting as a check on a company, while EPA regulators charged with stopping this behavior continue to rubber stamp the agrichemical industry’s dangerous decisions. This is not the first time that the Supreme Court has upheld the rights of victims of the pesticide industry. In 2004, Bates v. Dow Agrosciences (U.S. Supreme Court, No. 03-388), the court found: “The long history of tort litigation against manufacturers of poisonous substances adds force to the basic presump­tion against pre-emption. If Congress had intended to deprive injured parties of a long available form of compen­sation, it surely would have expressed that intent more clearly. See Silkwood v. Kerr-McGee Corp., 464 U. […]

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27
May

Drift-Prone Weed Killer Out of Control with the Chemical Industry at the Wheel

(Beyond Pesticides, May 27, 2022) In a U.S. Environmental Protection Agency (EPA) court document filed on May 16, the agency signaled potential changes to the labeling it requires for “over the top” (OTT, or post-emergent) herbicides containing dicamba, a very problematic pesticide. The filing — in U.S. District Court for the District of Arizona, where EPA currently faces litigation about its 2020 dicamba registrations — comes as a result of Bayer, Inc.’s March 2022 proposed amendments to EPA registration for its XtendiMax herbicide, which contains dicamba and glyphosate. Beyond Pesticides has covered the dicamba saga for years, including the EPA Office of the Inspector General’s critical 2021 report citing an abandonment of science and assault on agency integrity for EPA’s dicamba decisions during the Trump years. Dicamba has been linked to cancer, reproductive effects, neurotoxicity, birth defects, and kidney and liver damage. It is toxic to birds, fish, and other aquatic organisms, and is known to leach into waterways after application. Dicamba also causes serious damage to non-GE (genetically engineered), non-target plants, damaging habitat and food sources for various organisms, especially for birds and insects. According to Progressive Farmer, EPA is currently considering some dicamba use restrictions after Bayer submitted them to […]

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25
May

Agrichemical Industry Demands Biden Administration Rescind Support for Cancer Victims Before Supreme Court

(Beyond Pesticides, May 25, 2022) Earlier this month, the U.S. Department of Justice urged the Supreme Court to deny a request by Bayer to review a verdict that found the corporation liable for damages from the use of its Roundup (glyphosate) herbicides. Now, Bayer is using proxy organizations to place pressure on the Biden Administration and Justice Department to rescind its decision. Alongside a range of chemical industry umbrella groups, many of which—like Croplife America—Bayer is a member of, a letter was sent to President Biden expressing “grave concern” about the opinion filed by Solicitor General Elizabeth Prelogar. Among a range of baseless claims, the agrichemical industry is deflecting lower court findings on the hazards and cancer risk of their products with the claim that their toxic chemicals are needed to feed the world, as crops shipments from Ukraine have been halted during the ongoing war. “The agrichemical industry has long tried to sell the idea that their toxic pesticides are needed to feed the world, as if to suggest that their motives are altruistic when, in fact, they have shown a callous disregard for life and a sustainable future,” said Jay Feldman, executive director of Beyond Pesticides. ” We […]

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15
Apr

Beyond Pesticides Makes Science-based Case that It Is Imperative to Phase Out Pesticides in a Decade

The organic solutions to problems highlighted in the latest issue of Pesticides and You—based on the importance of healthy ecosystems and public health protection—are within reach, and the data creates an imperative for action now that phases out pesticides within a decade, while ensuring food productivity, resilient land management, and safe food, air, and water. (Beyond Pesticides, April 15, 2022) The current issue of Pesticides and You, RETROSPECTIVE 2021: A Call to Urgent Action, is a look at a year of science, policy, and advocacy that informs both the existential problems that the U.S. and the world are facing due to toxic pesticide dependency, and solutions that can be adopted now. The information in this issue captures the body of science that empowers action at the local, state, and federal level, and provides a framework for challenging toxic pesticide use and putting alternatives in place. The issue finds that 2021 was a pivotal year in both defining the problem and advancing the solution. This year in review is divided into nine sections that provide an accounting of scientific findings documenting serious pesticide-induced health and environmental effects, disproportionate risk to people of color and those with preexisting conditions, regulatory failures, at the same time […]

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18
Mar

Pesticide Drift or Chemical Trespass Continue Uncontrolled, Despite Successful Litigation

(Beyond Pesticides, March 18, 2022) A 2020 lawsuit related to pesticide drift was resolved on March 8, 2022 in San Joaquin (California) Superior Court with the finding that Alpine Helicopter Services, which specializes in pesticide applications for government and tourism entities, had violated pesticide drift laws and endangered public health and safety. The court further found Alpine liable for damage related to its actions, though penalties in the case, brought by California state prosecutors and the California Department of Pesticide Regulation (DPR), have yet to be determined. The case exposes a handful of the many instances of pesticide drift, also known as “chemical trespass,” that occur every year in the U.S. In 2004, Beyond Pesticides covered the issue with Getting the Drift on Chemical Trespass; its monitoring of drift issues is ongoing, as can be seen in its “Pesticide Drift” archives. The long history of nontarget exposure, contamination, and poisoning teaches that drift is a function of pesticide use, but not considered adequately by regulators who allow the marketing of poisons that are known to move through the environment uncontrolled. Cases like the Alpine case highlight a relentless problem associated with the daily use of pesticides. Pesticide drift is any airborne […]

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15
Dec

It’s Time for Bayer/Monsanto to Leave Hawai’i after Pleading Guilty to Multiple Violations that Harm People and Environment of the State, Advocates Say

(Beyond Pesticides, December 15, 2021) Monsanto has pleaded guilty to multiple environmental crimes in Hawaiʻi for the second time in less than four years, and the island communities are left asking “when is enough enough?” In the most recent case, Monsanto will plead guilty to 30 environmental crimes in Hawaiʻi, related to pesticide use violations and putting field workers at risk.  In both cases, they admit that they knowingly violated pesticide law and put field workers in harmʻs way.  They will pay a $12 million fine this time, bringing their criminal fines and “community service payments” to a total of $22 million since 2019. At the center of these cases is the fact that the Monsanto field workers had to transport, apply, and suffer exposure to these toxic and banned pesticides as a part of their job. Autumn Ness, director of Beyond Pesticides’ Hawai’i organic land management program,  said: “In small island communities of Hawaiʻi, Monsanto workers are our friends and family. Folks live just downwind and next door to these fields.  We are concerned about their health, and those concerns are glaringly missing from news reports and in the distribution agreements for the community service payments.” There are two […]

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30
Nov

CA Supreme Court Upholds $87M Award in Glyphosate Damage Lawsuit, Bayer/Monsanto Challenge Fails

(Beyond Pesticides, November 30, 2021) The chronicle of developments in the glyphosate saga has just grown longer: the California Supreme Court has rejected a request by Bayer AG for review of the August 2021 First District Court of Appeal (San Francisco) ruling, for the plaintiffs, that Monsanto knowingly marketed a product — Roundup — whose active ingredient (glyphosate) could be dangerous. The $87 million in damages awarded to the plaintiffs in the litigation, Alberta and Alva Pilliod, has thus survived Bayer’s challenge. This highest state court decision racks up another loss for Bayer (which now owns the Monsanto “Roundup” brand) — despite its dogged insistence, throughout multiple lawsuits (with many more still in the pipeline), that glyphosate is safe. Beyond Pesticides has covered the glyphosate saga extensively; see its litigation archives for multiple articles on glyphosate lawsuits. Glyphosate has been the subject of a great deal of public, advocacy, and regulatory attention, as well as the target of thousands of lawsuits — particularly since the 2015 declaration by the IARC (International Agency for Research on Cancer) that the compound is a likely human carcinogen. In June 2020, facing approximately 125,000 suits for Roundup’s role in cancer outcomes, Bayer announced a $10 billion […]

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18
Aug

Bayer Files “Hail Mary” Petition with U.S. Supreme Court after Losing Jury Verdicts on Cancer Causing Roundup/Glyphosate

(Beyond Pesticides, August 18, 2021) Multinational chemical company Bayer filed a petition with the U.S. Supreme Court this week, seeking a reversal of a lower court verdict that established Bayer liable for damages from the use of its weed killer Roundup. After purchasing Roundup-maker Monsanto in 2018, Bayer has been mired in a deluge of court battles from injured customers throughout the country who assert that their use of the glyphosate-based herbicide resulted in their cancer diagnosis. Bayer, for its part, has consistently lost these court cases. The company’s Supreme Court petition is now regarded as its best and last chance to avert responsibility for the ongoing harm to public health caused by its carcinogenic herbicide. Bayer’s Supreme Court challenge pertains to the Hardeman v. Monsanto case. In that suit, a California court found unanimously in favor of the plaintiff, Edwin Hardeman. Mr. Hardeman told the jury he had used Roundup since the 1980s to spray poison oak and weeds around his property, resulting in his diagnosis of non-Hodgkin lymphoma in 2014. He was awarded $5.27 million, while his punitive damages were ultimately reduced from $75 to $20 million. Bayer is bringing two main arguments to the Supreme court. First, […]

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14
Jul

Parents of Harmed Children Sue Manufacturer of Brain-Damaging Insecticide Chlorpyrifos

(Beyond Pesticides, July 14, 2021) Corteva (formerly DowDupont) is facing a potential class-action lawsuit after several California families filed suit claiming that the use of the insecticide chlorpyrifos around their homes resulted in birth defects, brain damage, and developmental problems in their children. Chlorpyrifos is an organophosphate insecticide that has been linked to a range of health ailments, posing significant hazards particularly for pregnant mothers and their children. The lawsuits come as the U.S. Environmental Protection Agency (EPA) approaches a court-imposed 60-day deadline to decide the fate of the pesticide’s registration. Attorneys for the court cases, filed on behalf of individuals located in four California communities (Fresno, Kings, Medera, and Tulare counties), indicate they intend to pursue class-action status, which would allow additional injured parties to join the lawsuit. The plaintiffs argue that the effects of chlorpyrifos exposure lingers in the agricultural communities where they reside. “We have found it in the houses, we have found it in carpet, in upholstered furniture, we found it in a teddy bear, and we found it on the walls and surfaces,” said Stuart Calwell, lead attorney for the plantiffs. “Then a little child picks up a teddy bear and holds on to it.” […]

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02
Jun

Judge Rejects Bayer Proposal to Settle Future Roundup Claims

(Beyond Pesticides, June 2, 2021) U.S. District Court Judge Vince Chhabria last week rejected a proposal from multinational agrichemical company Bayer (Monsanto) to settle future court claims around the company’s flagship Roundup/glyphosate herbicide. In making his decision, Judge Chhabria asserted that the corporation’s proposal was inadequate for future victims diagnosed with cancer after using the herbicide. The decision has Bayer scrambling for a way out, and it indicated in a “Five Point Plan” released after the ruling that it will, “discuss the future of glyphosate-based products in the U.S. residential market.” Bayer’s rejected proposal would have established a $2 billion fund, split between future claimants (who would receive between $5,000 and $200,000), and the cost to cover cancer monitoring, lawyers’ fees, and an advisory panel to review claims. Bayer has agreed to a separate $9.6 billion agreement to settle existing lawsuits, having lost several rounds of litigation where juries found in favor of plaintiffs who claimed that their use of Roundup resulted in their development of non-Hodgkin’s lymphoma. Recently, in mid-May, Bayer lost an appeal of the Hardeman vs. Monsanto case, as a three judge panel upheld a $25 million award. Prior to rejecting the proposal on future claimants, the […]

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04
May

Federal Court Gives EPA 60-Day Deadline to Decide the Fate of Chlorpyrifos

(Beyond Pesticides, May 4, 2021) The U.S. Environmental Protection Agency (EPA) has less than two months to determine whether cancel or modify its registration of the brain-damaging, organophosphate insecticide chlorpyrifos, following a decision from a federal appeals court last week. The ruling comes after more than a decade of delay from the federal agency tasked with protecting public health and the environment from the hazards of chemicals like chlorpyrifos. The decision now falls to the Biden Administration’s EPA Administrator Michael Regan, after the previous administration reversed a proposal to ban agricultural uses of chlorpyrifos in 2017. Most residential uses of the chemical were banned in 2000.   “The EPA has had nearly 14 years to publish a legally sufficient response to the 2007 Petition,” reads a 2-1 opinion from the U.S. Court of Appeals for the 9th Circuit in San Francisco. “During that time, the  EPA’s  egregious  delay  exposed  a  generation  of  American  children  to  unsafe  levels  of  chlorpyrifos.” Chlorpyrifos is an organophosphate insecticide that is currently registered for use on a range of food crops, golf courses, and for public health mosquito control (in cases of mosquito-borne diseases). It is highly acutely toxic, causing numbness, tingling sensation, in-coordination, dizziness, vomiting, […]

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02
Apr

Lawsuit Challenges EPA Allowance of Antibiotic Streptomycin in Citrus

(Beyond Pesticides, April 2, 2021) Having raised the alarm for many years (and most recently in November 2020) on the dangers of the burgeoning antibiotic resistance crisis, Beyond Pesticides has joined a coalition of public interest groups in a lawsuit against the U.S. Environmental Protection Agency (EPA) for its approval of use of the medically important antibiotic streptomycin on citrus trees. Beyond Pesticides executive director Jay Feldman comments: “It is past time to take urgent action to transition away from practices in agriculture that are dependent on antibiotics, advance organic farm management, and avoid new deadly pandemics. This lawsuit is an important action to reverse the previous administration’s decision to ignore the science and allow expanded use of an antibiotic in agriculture.” According to the National Resources Defense Council (NRDC), the suit charges that EPA “failed to ensure that the approved uses of streptomycin as a pesticide would not cause unreasonable harm to human health or the environment and failed to adequately assess impacts to endangered species.” The coalition of plaintiffs includes Beyond Pesticides, NRDC, Center for Biological Diversity, Environmental Confederation of Southwest Florida, Farmworker Association of Florida, Farmworker Justice, Migrant Clinicians Network, and U.S. PIRG. The coalition is represented […]

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09
Feb

Proposed Bayer/Monsanto Settlement for Roundup Victims Offers Payments and Challenges

(Beyond Pesticides, February 9, 2021) Multinational agrichemical corporation Bayer/Monsanto released a proposal last week to provide up to $200,000 per claimant in compensation to future victims of its Roundup weed killer, according to Reuters. The proposed settlement, agreed to with lawyers representing victims, continues Bayer/Monsanto’s attempts to limit the spiraling cost Roundup lawsuits, which have awarded individual victims millions of dollars in damages. The company appears to consider the proposal a good investment, as it has announced no plans to stop sale and production of its carcinogenic weed killer. However, under the current proposal, plaintiffs would not be forced to go through a compensation fund, and could seek additional punitive damages through a separate suit. As the attorney for Roundup victims, Elizabeth Casbraser, of Lieff Cabraser Heimann & Bernstein, told the Wall Street Journal, “It’s really about options, and it’s really about choice. I think it’s a great option that offers predictability and transparency for people who don’t want to wait, who want to be compensated.” To stop the surge of cancer victims – comprising roughly 125,000 lawsuits – from further damaging the company financially, Bayer/Monsanto last year proposed a $10.9 billion settlement with current litigants. Unresolved future claims were […]

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