A new Center For Food Safety press release states, “a historic victory for farmworkers and the environment, the U.S. Court of Appeals for the Ninth Circuit sided with Center for Food Safety (CFS) and its represented farmworker and conservation clients by overturning the Environmental Protection Agency’s (EPA) decision that the toxic pesticide glyphosate is safe for humans and imperiled wildlife. Glyphosate is the active ingredient in Monsanto-Bayer’s flagship Roundup weedkiller, the most widely used pesticide in the world.

The 54-page opinion held the Trump administration’s 2020 interim registration of glyphosate to be unlawful because “EPA did not adequately consider whether glyphosate causes cancer and shirked its duties under the Endangered Species Act (ESA).” Represented by Center for Food Safety, the petitioners in the lawsuit included the Rural Coalition, Farmworker Association of Florida, Organización en California de Lideres Campesinas, and Beyond Pesticides. A consolidated case is led by Natural Resources Defense Council and includes Pesticide Action Network.

“Today’s decision gives voice to those who suffer from glyphosate’s cancer, non-Hodgkin’s lymphoma,” said Amy van Saun, senior attorney with Center for Food Safety and lead counsel in the case. “EPA’s ‘no cancer’ risk conclusion did not stand up to scrutiny. Today is a major victory for farmworkers and others exposed to glyphosate. Imperiled wildlife also won today, as the court agreed that EPA needed to ensure the safety of endangered species before greenlighting glyphosate.”

“We welcome and applaud the court on this significant decision,” said Jeannie Economos, Pesticide Safety and Environmental Health Project Coordinator at the Farmworker Association of Florida, a plaintiff in the case. “While it comes too late for many farmworkers and landscapers who suffer after glyphosate exposure, we are grateful for the court’s ruling, and hope that now EPA will act quickly to protect future workers from illness and disease resulting from this toxic pesticide.”

As to its cancer conclusion, the court concluded that EPA flouted its own Cancer Guidelines and ignored the criticisms of its own experts. EPA’s “not likely to cause cancer” conclusion was inconsistent with the evidence before it, in the form of both epidemiological studies (real-world cancer cases) and lab animal studies. In addition to its lack of conclusion as to non-Hodgkin’s lymphoma risk (the cancer most tied to glyphosate), the court also concluded that EPA’s general “no cancer” decision was divorced from its own Guidelines and experts when EPA selectively discounted evidence that glyphosate causes tumors in animals. At various points the Court criticized EPA’s “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.

“We are grateful that the court decided in our favor,” said John Zippert, chairperson of the Rural Coalition, a plaintiff in the case. “We need to halt glyphosate’s devastating impact on the farmworkers and farmers who suffer the deepest consequences of exposure. This decision will hopefully hasten the transition to farming and gardening methods and practices that increase resilience, protecting our children, our planet, and all those who feed us.”

“EPA’s failure to act on the science, as detailed in the litigation, has real-world adverse health consequences for farmworkers, the public, and ecosystems,” said Jay Feldman, executive director of Beyond Pesticides, a plaintiff in the case. “Because of this lawsuit, the agency’s obstruction of the regulatory process will not be allowed to stand, and EPA should start shifting food production to available alternative non- and less-toxic practices and materials that meet its statutory duty.”

The court went on to conclude that EPA’s decision also violated the Endangered Species Act. As the court noted, EPA itself elsewhere had admitted that “glyphosate ‘may affect’ all listed species experiencing glyphosate exposure—that is 1,795 endangered or threatened species” yet had unlawfully ignored the ESA for this decision.

As to remedy, the court struck down, or vacated the human health assessment. The court also required that EPA redo and/or finish all remaining glyphosate determinations by an October 2022 deadline, or within four months. This includes a redone ecological toxicity assessment, a redone costs analysis of impacts to farmers from pesticide harms, as well as all Endangered Species analysis and mitigation.”

Author and investigative journalist Carey Gillam, who has been tracking the legal battles Monsanto/Bayer’s glyphosate has faced, also wrote a new Substack article titled 9th Circuit smacks down EPA on Glyphosate. Read it HERE

Jefferey Jaxen

Jefferey Jaxen is a health journalist and featured in his weekly segment, ’The Jaxen Report’, on The HighWire. As an investigative journalist, researcher, and compelling writer, Jefferey serves as Lead editor of The HighWire News and Opinion Team.

Other Headlines

Coronavirus

Senate hearing examines ‘available evidence’ on the origins of COVID-19

The Senate Homeland Security Governmental Affairs committee held a hearing and debate Tuesday morning regarding the origins of the COVID-19 pandemic. The hearing included two scientists who believe a zoonotic origin is the most likely explanation and two scientists who believe the virus was generated in a lab before leaking to the public. Gregory KoblentzContinue reading Senate hearing examines ‘available evidence’ on the origins of COVID-19

More news about Coronavirus

Health & Nutrition

USDA Claims Authority to Combat Bird Flu, Trains APHIS with FEMA Protocols

H5N1 fears are ramping up as the USDA seeks to give FEMA training to the Animal & Plant Health Inspection Service (APHIS). The notice appeared in the federal register and stated, “APHIS is assuming responsibility for providing certain Federal Emergency Management Agency (FEMA)-related training to APHIS employees. The training consists of courses such as IntroductionContinue reading USDA Claims Authority to Combat Bird Flu, Trains APHIS with FEMA Protocols

More news about Health & Nutrition

Vaccines

“Godfather of Vaccines” Dr. Stanley Plotkin Admits to Inadequate Vaccine Safety Testing

Del Bigtree, the CEO of the Informed Consent Action Network (ICAN), triumphantly proclaimed, “We win,” following the admission from Dr. Stanley Plotkin that vaccines haven’t been adequately tested for safety. Bigtree addressed the published paper authored by Dr. Plotkin and others with stunning admissions regarding the lack of safety testing for vaccines that have beenContinue reading “Godfather of Vaccines” Dr. Stanley Plotkin Admits to Inadequate Vaccine Safety Testing

More news about Vaccines

Science & Tech

USDA Reopens Comment Period for Deregulation of Gene-Edited Plants

The deregulation of gene-edited plants is on the USDA agenda, and the public comment period has been extended by 21 days. The comment page has yet to be posted on the Federal Register. CRISPR is a new technology that is being used in agriculture to modify plants. “New Gene Technologies” or NGTs are how big agricultural companies like Bayer areContinue reading USDA Reopens Comment Period for Deregulation of Gene-Edited Plants

More news about Science & Tech

Environment

Bayer Pushes for Liability Shield Against Glyphosate Lawsuits Amid Controversy and Lobbying Efforts

Bayer/Monsanto continues their push to create a liability shield against lawsuits for harm caused by Roundup and the primary chemical gglyphosate. The House Agriculture Committee approved language in the farm bill that would provide pesticide and herbicide manufacturers with complete immunity from charges. Bayer’s lobbying efforts at the state level failed in various states, includingContinue reading Bayer Pushes for Liability Shield Against Glyphosate Lawsuits Amid Controversy and Lobbying Efforts

More news about Environment

Policy

Controversial California Law on Pronoun Changes Sparks Lawsuit and Business Exit

Governor Gavin Newsom signed a bill into California law that allows schools to keep secrets from parents regarding children’s pronoun changes. The law has been denounced by opponents who say it is a blatant violation of parental rights. The school has important information about the mental health of a student and this law encourages teachersContinue reading Controversial California Law on Pronoun Changes Sparks Lawsuit and Business Exit

More news about Policy