Shannon Kelleher

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February 13, 2025

Illnesses and deaths from food outbreaks skyrocketed in 2024, report finds

By Shannon Kelleher

Hospitalizations and deaths from foodborne illnesses more than doubled in 2024 over the prior year, with most people sickened in a small number of high-profile outbreaks involving lunch meat, eggs, cucumbers and other commonly consumed foods, according to a report published Thursday.

The report comes as some US lawmakers are pushing legislation that would bar the US Department of Agriculture (USDA) from implementing a new regulatory framework proposed under former President Joe Biden aimed at addressing Salmonella contamination in raw poultry.

A total of 1,392 were sickened from contaminated food in 2024, up from 1,1118 people in 2023, and the health impacts of the outbreaks was more severe, with 487 people hospitalized last year compared to 230 the previous year. Nineteen people died after eating contaminated food in 2024, compared to eight in 2023, according to the report.

Across 13 total outbreaks in 2024, almost all of the illnesses were caused by E. coli, Listeria, and Salmonella bacteria, including a large outbreak of illnesses tied to E. coli contaminated onions in McDonald’s Quarter Pounder burgers. A large outbreak that landed 60 people in the hospital was linked to listeria-contaminated products traced back to a now-shuttered Boar’s Head plant in Virginia. The number of food recalls because of Listeria, Salmonella or E. coli increased significantly in 2024, representing 39% of all recalls.

“This report serves as an important reminder that there cannot be any cuts to food safety funding or rollbacks in regulations,” said Brian Ronholm, the director of food policy for the nonprofit Consumer Reports who was not involved in the study. “Industry, regulators and consumers must be constantly vigilant about food safety and the data in this report shows that there is still much work to be done and improvements to be made.”

February 10, 2025

High-stakes hearing to debate state law limiting PCB injury claims

By Shannon Kelleher

Lawyers for three teachers in Washington state will face off against attorneys for the former Monsanto company in a key court hearing on Tuesday over alleged PCB-related injuries that could impact similar cases nationwide.

The teachers won a $185 million verdict in 2021 against Monsanto-owner Bayer AG for health problems they said were caused by their exposure to toxic polychlorinated biphenyls (PCBs) in fluorescent lighting in the school where they worked. They alleged Monsanto concealed the dangers of PCBs to elevate company profits.

An appeals court overturned the verdict, then last year the plaintiffs asked the Washington Supreme Court to review the case on three issues, including whether or not a state statute that gives plaintiffs only 12 years to bring product liability claims is constitutional.

Each side will have 30 minutes to argue their positions to Washington Supreme Court panel of justices. The court is also expected to hear competing arguments over whether the plaintiffs should have been able to seek punitive damages and if testimony from a plaintiff’s exposure expert should have been excluded.

More than 200 other teachers, students and family members have sued Bayer alleging brain damage from exposure to PCBs at the same school.

The rest of these cases are “all kind of waiting in the wings behind this appeal,” said Deepak Gupta, an attorney for the plaintiffs with the Gupta Wessler law firm. “If Bayer were to win the statute of repose issue, the rest of the cases from the Washington state school would “just vanish,” he said. “It’s a complete immunity. So, the stakes are really high.”

February 6, 2025

Postcard from California: The long-term public health toll of the LA fires

By Bill Walker

The horrific fires that incinerated more than 40,000 acres in Southern California last month were still burning when newly-inaugurated President Trump flew in to view the devastation. At a Jan. 24 press briefing with local officials, he groused that he had heard people who lost their homes would not be allowed to rebuild for up to 18 months.

Los Angeles Mayor Karen Bass pointed out that, first, burned lots had to be cleared of hazardous waste. “The most important thing is for people to be safe,” she said.

“What’s hazardous waste?” Trump retorted. “You’re going to have to define that. Are we going to go through a whole series of questions on determining what’s hazardous waste? I just think you have to allow people to go on their site and start the [cleanup] process tonight.”

Despite what Trump may think, federal regulators have established clear definitions of hazardous waste. When the Palisades and Eaton fires consumed more than 16,000 homes and other structures in the Los Angeles area, they left behind over 4.25 million tons of it. While the fires have been contained, exposure to dangerous toxins in that lingering waste and in the smoke that choked the region for more than three weeks will, over time, claim many more victims than the 29 lives lost in the flames.

Heat, drought and the Santa Ana winds were the fires’ direct causes, but scientists say conditions were made worse by climate change. Park Williams, a hydroclimatologist at the University of California at Los Angeles, told NPR: “These fires are very likely more intense and dangerous … because of global warming.”

US Environmental Protection Agency (EPA) workers in hazmat gear are racing against a Trump-ordered Feb. 25 deadline to inspect each burn site and perform an initial cleanup. “We have to move five times the speed based on the directives we are getting,” an EPA official told Reuters. “Normally, this takes months.”

January 31, 2025

FDA must set limits on PFAS in food, lawsuit says

By Shannon Kelleher

US regulators are failing to address concerns about toxic PFAS chemicals in foods despite having the scientific tools to do so, according to a lawsuit filed by an environmental group in Tucson, Arizona.

The lawsuit, filed on Jan. 24 in the US District Court for the District of Arizona, follows the submission of a legal petition filed in November 2023 by the Tucson Environmental Justice Task Force that asked the Food and Drug Administration (FDA) to establish limits for certain per- and polyfluoroalkyl substances (PFAS) the agency has found in blueberries, lettuce, milk, salmon and other foods. The group wants the FDA to take action to remove products from grocery store shelves if PFAS residues are found at the minimum level of detection possible.

“We’re asking [the FDA] to do something that they are required to do under the law, that they failed to do under the law,” said Sandra Daussin, attorney for the plaintiffs and a plaintiff herself.

Under its own regulations, the FDA is required to respond to petitions within 180 days, but the agency failed to address the petition after more than a year, an “arbitrary and capricious” delay, the complaint alleges.

PFAS are a class of thousands of chemicals used for decades across many industries. The chemicals have become ubiquitous in the environment, found in water, soil and the blood of animals and people around the globe. Many types of PFAS have been found to be health hazards, linked to disease and disability. The petition cites connections between seven types of PFAS and “serious life-threatening health effects,” including kidney and liver damage, cancer, neurotoxicity, immunotoxicity, and adverse reproductive effects.

The petitioners argue that in August 2023 the FDA developed a validated method detecting up to 30 PFAS chemicals in foods, and thus has an obligation to use that knowledge to set enforceable limits. The group wants the FDA to adjust those limits to be lower if methodology improves to detect smaller concentrations.

The FDA has been testing foods for PFAS contamination since 2019 but has found very little contamination.

January 23, 2025

Amid series of rapid-fire policy reversals, Trump quietly withdraws proposed limits on PFAS

By Shannon Kelleher

Amid a flurry of actions curtailing Biden’s environmental policies, the administration of newly inaugurated President Donald Trump this week withdrew a plan to set limits on toxic PFAS chemicals in industrial wastewater.

The draft rule, which the US Environmental Protection Agency (EPA) sent to the White House for review in June, was seen as a precedent-setting move by reducing allowable discharges of per- and polyfluoroalkyl substances (PFAS), a class of chemicals that have been linked to an array of health problems.

“It is abundantly clear that this action was taken to benefit the chemical industry – and every American will suffer for it,” said Kyla Bennett, director of science policy at the watchdog group Public Employees for Environmental Responsibility. “PFAS contamination is already a national health crisis, and this will force states to try and fill the regulatory void left by EPA’s failure. “

The decision to withdraw the draft rule came as Trump issued an executive order to freeze any new federal regulations pending review.

Though the initial rule would have applied to only about 13 facilities, almost 30,000 industrial sites have been identified as potential sources of PFAS in the environment, including drinking water sources, according to a 2021 analysis of EPA data by the nonprofit Environmental Working Group (EWG). And the EPA itself has identified more than 120,000 facility sites around the US where the agency says people may be exposed to PFAS.

The proposal’s withdrawal is a “devastating setback” that “not only delays establishing critical federal standards but also sends a dangerous message giving polluters a green light to continue poisoning our water and communities without fear of consequence,” Melanie Benesh, EWG vice president for government affairs, said in a statement. “It’s an unconscionable betrayal of the public’s health in favor of corporate interests.”

When asked about the move, an EPA spokesperson said it was “common transition procedures,” to pause major decisions, including a hold on new and pending regulations.

January 15, 2025

Millions of Americans exposed to unregulated chemicals in drinking water, study finds

By Shannon Kelleher

Almost 100 million people in the US may be exposed to unregulated industrial chemicals in their drinking water, with communities of color especially at risk, according to a new analysis of federal monitoring data for water systems across the country.

The study, published Wednesday in the journal Environmental Health Perspectives, analyzed data gathered by the US Environmental Protection Agency (EPA) from 2013 to 2015 for four types of unregulated chemicals, finding that 27% of those nearly 5,000 public water systems had detectable levels of at least one contaminant.

Overall, more than 97 million US residents were served by a public water system with detectable levels of the contaminants examined in the study.

The colorless, flammable solvent 1,4-dioxane was most pervasive, showing up in 22% of the public water systems, according to the study. The researchers also found the refrigerant HCFC-22, as well as a solvent called dichloroethane used in plastics production, and toxic per- and polyfluoroalkyl substances (PFAS) in about 4-6% of the water systems. The EPA data accounted for six types of PFAS, a category including thousands of chemicals: perfluorooctanoic acid (PFOA), perfluorononanoic acid (PFNA), perfluorohexane sulfonic acid (PFHxS), perfluoroheptanoic acid (PFHpA) and perfluorobutane sulfonic acid (PFBS).

Hispanic and Black populations are at especially high risk for exposure to unregulated chemicals in their drinking water, the authors reported. Public water systems with detectable levels of the contaminants served counties with higher proportions of Hispanic residents than those with no detections, for example, the authors said.

January 14, 2025

PFAS in sludge spread on farmland poses health risks, EPA report says

By Shannon Kelleher and Carey Gillam

US regulators on Tuesday added to growing concerns about the long-standing practice of using sewage sludge to fertilize farmland, releasing a report warning that chemicals contaminating the sludge pose heightened human health risks for cancer and other illnesses.

The Environmental Protection Agency (EPA) said two types of hazardous per- and polyfluoroalkyl substances (PFAS) widely found in sewage sludge, a byproduct of wastewater treatment, can contaminate the milk, eggs and meat that come from farm animals raised on agricultural land where the sludge has been applied. Those “exposure pathways” are among multiple ways in which people can be at risk, the EPA said.

The agency focused on perfluorooctane sulfonic acid (PFOS) and perfluorooctanoic acid (PFOA), two well-studied types of PFAS chemicals linked to testicular and kidney cancer as well as liver problems. The EPA last spring designated PFOS and PFOA as hazardous substances under the so-called Superfund law and announced the first legally enforceable limits for the two chemicals and four other types of PFAS in drinking water.

The EPA said that though the majority of US food crops are not grown with the use of sewage sludge as a soil conditioner or fertilizer, because of the “extreme persistence” of PFOA and PFOS in soils, land where sewage sludge was applied years ago may still be contaminated.

The agency’s draft risk assessment, which was made publicly available Jan. 14, said that “under certain scenarios and conditions,” land-applying or disposing of sewage sludge containing 1 part per billion (ppb) or more of PFOA or PFOS “could result in human health risks exceeding the agency’s acceptable thresholds for cancer and noncancer effects.”

January 13, 2025

EPA boasts of clean energy advances as reversal threat looms

By Shannon Kelleher

In the final week before Donald Trump takes office, federal regulators announced today that the Biden administration has awarded nearly $69 billion through two historic pieces of legislation designed to slash greenhouse gas emissions, lower energy costs, support the clean energy transition and help communities address pollution.

“In just three years, [the US Environmental Protection Agency (EPA)] has funded thousands of incredibly popular projects in every part of the country, from electrifying school buses in rural Texas to replacing lead pipes in Pittsburgh,” Zealan Hoover, senior advisor to the EPA administrator, said on a press call Friday.

As of Jan. 6, the EPA had awarded 93% of grant funding made available by the Inflation Reduction Act (IRA), according to the new report. Biden signed the IRA in August 2022, with the administration calling it “the largest investment in clean energy and climate action ever.” The agency has awarded 82% of funding through the so-called Bipartisan Infrastructure Law (BIL), which passed in November 2021.

The report comes amid concerns that a Republican budget reconciliation bill could seek to reverse the IRA. A list of “spending reform options” reportedly distributed among House Republicans includes reversing $468 billion in Biden climate policies, which would entail repealing, among other measures, IRA green energy grants.

But while it may be easier to repeal the IRA under a Republican-controlled federal government, Republican lawmakers may hesitate to get rid of funding that benefits their constituents, according to the Brookings Institute, an independent, non-partisan think tank.

Almost 60% of announced IRA projects are in Republican congressional districts, according to a two-year review of the IRA released in August. That month, 18 Republican House Representatives signed a letter calling for attempts to repeal the IRA to leave the legislation’s energy tax credits in place.

December 19, 2024

Boosting LNG exports would harm people and the planet, DOE report concludes

By Shannon Kelleher

The US Department of Energy (DOE) this week released a report that concludes a rise in exports from the booming natural gas industry would lead to greater global fossil fuel emissions, expose already-vulnerable communities to more pollution and raise gas prices for consumers.

The publication “reinforces that a business as-usual approach is neither sustainable nor advisable,” said US Secretary of Energy Jennifer Granholm in a statement.

“Unfettered” liquified natural gas (LNG) exports would increase the price of wholesale natural gas in the US by over 30%, said Granholm, impacting households, farmers and industry. The study also concluded that current US LNG exports are “already more than enough to meet global demand,” she said, and that while LNG has been suggested as an alternative to coal for some countries, the study “shows a world in which additional US LNG exports displace more renewables than coal globally.”

The report, published Dec. 17, comes after the Biden administration last January announced a pause on pending applications for facilities that export liquified natural gas (LNG) while the DOE reviewed the approval process, citing climate change considerations. In September, more than 125 scientists signed a letter addressed to Granholm and Treasury Secretary Janet Yellen, warning that the increase in natural gas production threatens to worsen climate change and jeopardize public health and the environment.

“Our hope is that we can now assess the future of natural gas exports based on the facts and ensure authorizations are reviewed in a manner that truly advances the public interest of all the American people,” said Granholm. “Special scrutiny needs to be applied toward very large LNG projects,” she added, noting that a project that exports 4 billion cubic feet of LNG per day would singlehandedly emit more climate-warming greenhouse gases than almost three-quarters of the world’s countries each did in 2023.

December 18, 2024

Montana Supreme Court upholds historic youth climate lawsuit win

By Dana Drugmand

The Montana Supreme Court on Wednesday upheld a trial court ruling in a youth-led case against the Montana state government, affirming that the sixteen young plaintiffs have a right to a “stable climate system.” The decision marks what legal observers say is a landmark achievement in US climate litigation that is likely to inspire more lawsuits seeking to hold governments accountable for climate change harms in the US and around the world.

In the 6-1 decision, the court ruled against the state in its appeal of the August 2023 verdict in Held et al. v. State of Montana, which went to trial in June 2023. Seeley found that a pair of state laws effectively shielding fossil fuel projects from public scrutiny over their climate impacts, and from judicial review of those impacts under the Montana Environmental Policy Act (MEPA), violate the state’s constitution, including the right to a clean and healthful environment. That environmental right includes the climate system, the court determined, and every additional ton of greenhouse gases emitted from fossil fuels – including from projects like coal mine expansion authorized by Montana regulatory agencies – exacerbates climate change damages and harms to Montana’s environment and the youth plaintiffs.

“This is a monumental moment for Montana, our youth, and the future of our planet,” Nate Bellinger, lead counsel for plaintiffs and a senior attorney with the nonprofit law firm Our Children’s Trust, said in a statement. “Today, the Montana Supreme Court has affirmed the constitutional rights of youth to a safe and livable climate, confirming that the future of our children cannot be sacrificed for fossil fuel interests.”

“This ruling is a victory not just for us, but for every young person whose future is threatened by climate change,” said lead plaintiff Rikki Held.