Farmers and farm workers say EPA violated the law when they approved the chemical.
Tuesday, March 31, 2020 – 
A federal petition has been filed against the Environmental Protection Agency (EPA) on behalf of a coalition of farmers, farm workers, and conservationists represented by Center for Food Safety, Organizacion en California de Lideres Campesinas, Farmworker Association of Florida, and Beyond Pesticides. The groups say the EPA operated outside of the law when it approved glyphosate, the active ingredient in Monsanto’s Roundup weed killer.
The lawsuit challenges the January 20, 2020 interim registration of glyphosate approved by the EPA, which has recently shifted its stance on glyphosate to say that it is not harmful to humans, despite a World Health Organization finding among scientists from several nations that has determined it is likely to cause cancer.
Plaintiffs claim the interim registration violates the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) passed in 1996. Among other standards, FIFRA mandates that, before the EPA can register a pesticide, the applicant, Bayer-Monsanto in this case, must show that using the pesticide according to specifications “will not generally cause unreasonable adverse effects on the environment.”
FIFRA defines the term “unreasonable adverse effects on the environment” to mean: “(1) any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide, or (2) a human dietary risk from residues that result from a use of a pesticide in or on any food inconsistent with the standard under section 408 of the Federal Food, Drug, and Cosmetic Act.”
The lawsuit also claims that the EPA violated their duties under the Endangered Species Act which says that they and other agencies must consult with the United States Fish and Wildlife Service or the National Marine Fisheries Service “to ensure that actions they authorize, fund, or carry out are not likely to jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitat of such species.”
Glyphosate opponents, including plaintiffs in over 40,000 lawsuits — thousands with plaintiffs represented by OnderLaw — who say the chemical caused non-Hodgkin’s lymphoma and other cancers, maintain that the EPA used cherry-picked studies, many of which were conducted or paid for directly or indirectly by Monsanto (now owned by German conglomerate Bayer) to “prove” the weed killer’s safety. They point to a myriad of studies conducted worldwide that indicate there is a significant causal relationship between Roundup and cancer.
Many environmental groups say glyphosate is harmful to waterways and the fish and animal species found within them, some of which are endangered species.
The petition was filed January 20, 2020 in the United States Court of Appeals for the Ninth Circuit, located in San Francisco, CA. California courts are currently closed due to the coronavirus pandemic. We will follow its progress and provide updates when they become available.
OnderLaw is working hard to hold Monsanto responsible for putting profits over people, and endangering the lives of those who trusted them. To-date, juries have awarded hundreds of millions of dollars to our Roundup lawsuit clients.
If you or someone you love has developed non-Hodgkin’s lymphoma or another cancer after using Roundup weed killer, contact the attorneys for a free, no-obligation consultation. Together, we will make a difference.
