Carey Gillam

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July 11, 2024

Congress should follow science and reject Bayer push to block lawsuits

By Nathan Donley

Millions of American users of glyphosate-based Roundup have likely assumed the Environmental Protection Agency (EPA) would never have approved the pesticide unless it was safe.

But the science-based truth has never been as cut and dried as the EPA and Bayer, which bought Roundup maker Monsanto in 2018, have made it sound. In a series of trials across the country, juries – and the public – have learned that despite the safety claims by Bayer and the EPA, hundreds of studies by independent scientists link glyphosate herbicides to serious health harms, including cancer.

Even though Bayer maintains that its glyphosate products are safe and not carcinogenic, the company has thus far agreed to pay out more than $10 billion in settlement costs to tens of thousands of glyphosate users suffering from non-Hodgkin lymphoma (NHL), and thousands of lawsuits remain.

In an effort to block further litigation, the chemical giant has turned its focus to getting federal and state legislation passed to block Roundup users from suing the company for damages. According to a recent Washington Post article, Bayer helped draft language for a legislative measure that would limit the types of lawsuits brought by the Roundup users. That measure is included in the US House of Representatives version of the 2024 Farm Bill, which is slated to be finalized later this year. The company has also been pushing lawmakers in several states to pass similar measures.

Key to Bayer’s messaging to legislators is that, because glyphosate is EPA-approved, research showing its harms should be rejected. But the process by which the EPA approved glyphosate decades ago has never been reassuring to independent scientists such as myself.

July 11, 2024

Monsanto Roundup trial win overturned by Oregon court

By Carey Gillam

An Oregon appeals court on Wednesday overturned a trial victory by Monsanto owner Bayer AG in a decision that adds to an ongoing debate over the company’s efforts to create a nationwide legal and legislative shield from lawsuits alleging Roundup weed killer causes cancer.

The court found that the trial judge in the case improperly barred key evidence about the US Environmental Protection Agency (EPA) from being presented to the jury, which could have led the jury to find in favor of the plaintiff. And, notably, the court rejected arguments by the company that claims about the dangers of its products should be barred because those products carry the EPA’s stamp of approval.

Other courts have similarly rejected so-called “preemption” arguments by Bayer, which bought Monsanto in 2018. But after failing to get court backing, Bayer has been pushing state and federal lawmakers to give it and other pesticide makers the protection the courts have rejected. A proposed measure is being considered by lawmakers for inclusion in the US Farm Bill. Monsanto unsuccessfully argued to the appeals court that the case never should have even gone to a jury because the claims should have been preempted.

Bayer did not respond to a request for comment on the latest ruling.

Attorney Andrew Kirkendall, who represented the plaintiff in the case, said he welcomed the court’s decision and was eager to retry the case with the evidence about the EPA included.

The testimony that the trial judge refused to allow was to have come from Charles Benbrook, a former research professor who served at one time as executive director of the National Academy of Sciences board on agriculture. Benbrook has authored papers critical of the EPA’s handling of glyphosate herbicides, noting that the agency has given little weight to independent research regarding the actual products sold into the marketplace and used by millions of people around the world. Instead, the EPA has mostly relied on studies paid for by Monsanto and other companies selling glyphosate herbicides that found no cancer concerns.

“There is important new science to share with the jury that clarifies why and how Roundup can cause cancer,” Benbrook said this week after learning of the court ruling.

July 10, 2024

In bid to slash chemical use, robots take on farm fields

By Carey Gillam

Cheney, Kan. – On a sweltering summer day in central Kansas, farm fields shimmer in the heat as Clint Brauer watches a team of bright yellow robots churn up and down the rows, tirelessly slicing away any weeds that stand in their way while avoiding the growing crops.

The battery-powered machines, four feet long and two feet wide, pick their way through the fields with precision. Programmed with myriad data points about the field, the artificial intelligence (AI)-driven bots run without any human hand to guide them.

Brauer, a former California-based tech executive who moved back to his family farm in central Kansas after his father developed Parkinson’s disease, sees the robots as critical tools to help farmers reduce their reliance on chemicals and be more protective of their health and the environment.

His Greenfield agricultural technology company now builds and programs its robots in a shed behind an old farmhouse where his grandmother once lived. Farmers who hire the robots are charged a flat rate per acre weeded. Twenty farmers are signed up for the robotic services this season, and the company hopes to weed 10,000 acres this year.

“The answer is here,” he said. “This solves a lot of problems for farmers.”

Greenfield is one of many agricultural robotic companies springing up amid a confluence of concerns over the future of farming. Fears about the harmful impacts of farm chemicals on the environment and on public health are key drivers, as is the need to deal with the diminishing effectiveness of overused weed killing chemicals, labor shortages, and the high costs that farmers face with conventional farming practices.

Financial backing is flowing to these companies from venture capital funds, private investors and large food and agricultural companies eager to make bets on the bots as a means to promote more sustainable food production – a notion increasingly finding favor with consumers.

The investment arm of Chipotle Mexican Grill, a global restaurant chain, is among Greenfield’s investors. Christian Gammill, who leads Chipotles venture fund, said Greenfield’s work is “important and impactful.” Greenfield has raised about $12 million in capital, and is seeking more, according to Brauer.

ReGen Ventures, a venture capital fund operating in Australia and the US, has so far sunk $6 million – with more planned – into North Dakota-based Aigen Robotics, which uses AI and camera vision to sense plants and remove weeds while avoiding crops. Aigen declares on its website to be “building a future with no harmful chemicals in our food.” The compact robots are powered via solar panels fixed to the top of each machine and are designed to work autonomously, sleeping and waking up on farms fields.

“They are well on their way to displacing chemicals from ag and enabling a new, regenerative food production system,” said ReGen founder Dan Fitzgerald.

June 25, 2024

Baby bottle makers deceived parents over dangers of plastic products, lawsuits allege

Two US baby bottle makers have been engaging in a “campaign of reckless deceit” about the dangers microplastics in their products pose to infants and young children, according to a new lawsuits filed Tuesday.

In the separate court filings, lawyers representing a small group of California parents alleged that Philips North America and the Handi-Craft Co. marketed baby bottles and plastic cups as safe for children even though they knew that when the products were heated microplastics from the containers could leach into the food and liquids being served to the children. Parents often microwave or otherwise warm bottles of breast milk or formula before serving them to babies.

June 20, 2024

Postcard from California: The human cost of living with wildfires

By Bill Walker

The toll of wildfire in California is staggering: In the last 10 years, wildfires have burned more than 13.6 million acres of the state and taken the lives of 144 people, including 15 firefighters. The state estimates property damages from the more than 93,000 wildfires in those years at nearly $250 billion.

But sobering as those statistics are, they don’t measure the full cost to Californians from living with increasingly deadly and destructive wildfires.

A new study, led by researchers from the Fielding School of Public Health at the University of California at Los Angeles (UCLA), calculated that from 52,480 to 57,710 Californians died prematurely from exposure to wildfire smoke between 2008 and 2018. The study, published June 7 in the peer-reviewed journal Science Advances, estimated the economic impact of those lost lives at between $432 billion and $456 billion.

“Climate change, forest mismanagement and an expansion of the wildland-urban interface have led to worsening wildfires across California, and with those fires come smoke pollution and increasing health impacts from air pollution exposure,” Rachael Connolly, a staff researcher at the UCLA Fielding School and lead author of the study, said in a statement. “This is the first research exploring how that chronic, long-term smoke exposure affects people across the state.”

The wildland-urban interface refers to zones where people live near forests or other undeveloped areas at greater risk of wildfire. The high cost and scarcity of housing in coastal cities is pushing more and more Californians to move inland, swelling the population in areas more likely to burn.

June 17, 2024

New test finds more than 50 common chemicals may be linked to infertility

By Lydia Larsen

Using a new testing tool, US researchers said this week they have found more than 50 chemicals that pose a strong risk to fertility, including chemicals used in plastic water bottles and other common products.

The study, published Monday in Reproductive Toxicology, detailed a newly developed method for testing chemical toxicity, a tool the researchers said is badly needed because tens of thousands of chemicals used in household and commercial products have not been evaluated for their potential toxicities towards human health.

“This data shows that we need to be acting more quickly on some of these chemicals to which people are being exposed,” said Tracey Woodruff, a professor at the University of California San Francisco (UCSF), and an author of the new study.

General fertility rates in the United States have been declining, hitting a historic low in 2022, according to the US Centers for Disease Control and Prevention.

Researchers have known that certain types of chemicals are at least partly to blame for the declining fertility, but understanding the root causes of the problem has been difficult.

June 12, 2024

Biofuels manufacturing found to be a significant source of hazardous air pollution

By Dana Drugmand

Hazardous air pollutants emitted in the manufacturing of biofuels is nearly as bad as air pollution stemming from oil refineries, and for several types of dangerous pollutants such as formaldehyde the emissions from biofuel production are far greater, a new report finds.

The assessment, which was conducted by researchers with the environmental watchdog group Environmental Integrity Project (EIP), looked at emissions generated by 275 ethanol, biodiesel and renewable diesel facilities in the United States. The researchers found that the facilities frequently violated air pollution permits while at the same time benefiting from legal exemptions and federal policy supports such as fuel-blending mandates.

As the biofuels industry continues expanding with more than 30 new facilities under construction or proposed, the industry should be seen as a threat to public health, the report warns. Stronger regulatory oversight from the Environmental Protection Agency (EPA) is needed, according to EIP.

“Despite its green image, the biofuels industry releases a surprising amount of hazardous air pollution that puts local communities at risk – and this problem is exacerbated by EPA’s lax regulation” Courtney Bernhardt, EIP director of research, said in a statement.

According to the EIP report released on Wednesday, biofuels manufacturing generated 12.9 million pounds of hazardous air pollutants in 2022. That compares to 14.5 million pounds of hazardous air pollutants emitted by oil refineries that year, according to data from EPA’s Toxic Release Inventory.

Emissions from biofuel factories were significantly higher than oil refineries for four types of hazardous pollutants – formaldehyde, acetaldehyde, acrolein, and hexane, according to the EIP report. In 2022, biofuel facilities reported releases of nearly 7.7 million pounds of hexane, over 2.1 million pounds of acetaldehyde, 235,125 pounds of formaldehyde, and 357,564 pounds of acrolein. By comparison, oil refineries that year emitted 2.6 million pounds of hexane, 10,420 pounds of acetaldehyde, 67,774 pounds of formaldehyde, and zero pounds of acrolein.

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June 9, 2024

Worries in wine country: Napa Valley wrestles with chemical contamination controversy

By Shannon Kelleher

Famous for its lush vineyards and cherished local wineries, Napa Valley is where people go to escape their problems.

“When you first get there, it’s really pretty,” said Geoff Ellsworth, former mayor of St. Helena, a small Napa Valley community nestled 50 miles northeast of San Francisco. “It mesmerizes people.”

What the more than 3 million annual tourists don’t see, however, is that California’s iconic wine country has a problem of its own – one that has spurred multiple ongoing government investigations and created deep divisions among residents and business owners, with some fearing the region’s reputation and way of life may be in peril.

At the heart of the fear is the decades-old Clover Flat Landfill (CFL), perched on the northern edge of the valley atop the edge of a rugged mountain range. Two streams run adjacent to the landfill as tributaries to the Napa River.

A growing body of evidence, including regulatory inspection reports and emails between regulators and CFL owners, suggests the landfill and a related garbage collection, recycling and composting business known as Upper Valley Disposal Services (UVDS) have routinely polluted those local waterways that drain into the Napa River with an assortment of dangerous toxins.

The river irrigates the valley’s beloved vineyards and is used recreationally for kayaking by over 10,000 people annually. The prospect that the water and wine flowing from the region may be at risk for contamination with hazardous chemicals and heavy metals has driven a wedge between those speaking out about the concerns and others who want the issue kept out of the spotlight, according to Ellsworth.

“The Napa Valley is amongst the most high-value agricultural land in the country,” said Ellsworth, a former employee of Clover Flat. “If there’s a contamination issue, the economic ripples are significant.”

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June 6, 2024

Lawsuit alleges company illegally discharged cancer-causing TCE for decades

By Shannon Kelleher and Carey Gillam

A Mississippi auto parts company illegally dumped toxic waste for more than 50 years, poisoning workers and sparking a cluster of cancer cases, according to a lawsuit filed this week by a group of former employees.

The lawsuit, filed June 4 in the US District Court for the Northern District of Mississippi, names EnPro Industries and multiple other corporate entities as defendants in the case, alleging they participated in illegally discharging trichloroethylene (TCE) into the environment, contaminating soil, air and groundwater, and knowingly exposing workers to the cancer-causing chemical.

“This greedy company cheated to cut costs at the expense of human health and risking countless lives,” Nick Rowley, co-founder of the national public interest law firm Trial Lawyers for Justice, said in a press release. “The scope and scale of harms and losses caused by this wrongdoing is devastating.”

TCE is a clear, colorless liquid that is used as a degreasing solvent and dry cleaning agent, among other uses. It is considered a human carcinogen by the US Department of Health and Human Services (DHHS), International Agency for Research on Cancer (IARC), and the Environmental Protection Agency (EPA).

The chemical is also known to damage the heart, liver, kidneys, and many other organs in the human body. It can also break down into other chemicals known to cause cancer in humans, including vinyl chloride. As well, a recent study found “circumstantial” evidence linking TCE to the doubling of global Parkinson’s disease diagnoses over the past 30 years

TCE can be found in the drinking water of 19 million people, according to the Environmental Working Group.

The EPA has recently proposed banning all uses of TCE, but the chemical industry is fighting the move. The American Chemistry Council asserts TCE is valuable for many industrial uses.

June 4, 2024

Battles brew over radioactive wastewater discharge from shuttered nuclear plants

By Dana Drugmand

An effort by New York to ban radioactive waste from polluting the Hudson River has embroiled the state in a bitter legal battle emblematic of challenges facing communities across the country as they wrestle with what to do with the waste from shuttered nuclear power plants.

At the heart of the matter in New York is a law enacted last August that aims to block plans by Holtec International to discharge more than one million gallons of radioactive wastewater into the river during the decommissioning of the Indian Point nuclear power plant. The company sued the state in April, arguing that the discharge was allowed under federal regulations, which preempt state regulation.

The state filed a countersuit, asking the US District Court for the Southern District of New York to dismiss Holtec’s claims and validating the state new.

The United States has long had the largest nuclear power plant fleet in the world, with nuclear power accounting for roughly 20% of annual electricity generation from the late 1980s into 2020, according to the US Congressional Research Service. There are currently more than 90 commercial nuclear reactors in operation at 54 nuclear power plants in 28 states. But many have been closed over the last decade, with more scheduled for closure, due to economic challenges and battles with environmental and public health advocates who cite a number of risks associated with the facilities.

The battlegrounds extend far beyond New York. Holtec is facing similar community opposition to its plan to discharge radioactive wastewater from the decommissioning Pilgrim nuclear plant in eastern Massachusetts into Cape Cod Bay, for instance.

“It’s very clear no one wants this radioactive waste in the water,” said Santosh Nandabalan, an organizer with Food & Water Watch who campaigns against the radioactive wastewater dumping. “I think Holtec needs to get with the program now that there’s a law, and we’re going to hold them accountable to it by continuing to use this people power to ensure our Hudson River does not become a dumping ground.”

Holtec spokesman Patrick O’Brien told The New Lede that Holtec’s goal is to “safely decommission these plants and return the property to be economic engines for the communities that they reside in.” He said the company has “been open and forthright… answering questions as they have arisen.”

Opponents to discharging the radioactive wastewater, according to O’Brien, are trying to “push fear over facts.” He said the “reality [is] that you get more radiation from ingesting a banana or brasil nuts that you would from discharge.”