courts

March 20, 2024

Citing “catastrophic disaster”, small Massachusetts town sues over PCB contamination

By Dana Drugmand

Monsanto and General Electric (GE) engaged in a “criminal corporate action” through a secret 1972 deal that allowed the companies to keep profiting from the sale and use of dangerous PCBs despite knowing the toxins were harmful, according to a lawsuit filed by a small Massachusetts town awash in PCB contamination.

The Town of Lee, located in western Massachusetts, accuses the companies of creating a “catastrophic disaster” for residents by polluting the area with polychlorinated biphenyls (PCBs), which have been linked to cancer and other human health problems.

US regulators banned PCBs in the late 1970s, but they have persisted in the environment, spurring claims from communities across the US seeking damages for contamination.

In and around Lee, where PCBs have contaminated the Housatonic River, several families with members suffering from cancer have alleged the PCBs are to blame.

In its lawsuit, filed March 14 in Berkshire County Superior Court, the town said Monsanto had “ample proof” that PCB exposure could cause cancer more than 50 years ago, tracking the disease in hundreds of its own employees.

“We’re taking every route we possibly can to stop this injustice, and it truly is an injustice perpetrated not only on the residents of Lee but all the people in the River Corridor in Berkshire County,” Lee Select Board Chair Bob Jones said.

February 6, 2024

For a second time, US court bans dicamba weed killers, finds EPA violated law

By Johnathan Hettinger

Dealing a blow to three of the world’s biggest agrochemical companies, a US court this week banned three weed killers widely used in American agriculture, finding that the Environmental Protection Agency (EPA) broke the law in allowing them to be on the market.

The ruling is specific to three dicamba-based weed killers manufactured by Bayer, BASF and Syngenta, which have been blamed for millions of acres of crop damage and harm to endangered species and natural areas across the Midwest and South.

This is the second time a federal court has banned these weed killers since they were introduced for the 2017 growing season. In 2020, the Ninth Circuit Court of Appeals issued its own ban, but months later the Trump administration re-approved the weed killing products, just one week before the presidential election at a press conference in the swing state of Georgia.

But a federal judge in Arizona ruled late Monday that the EPA made a crucial error in re-approving dicamba, finding the agency did not post it for public notice and comment as required by law. US District Judge David Bury wrote in a 47-page ruling that it is a “very serious” violation and that if EPA did do a full analysis, it likely would not have made the same decision.

Bury wrote that the EPA did not allow many people who are deeply impacted by the weed killer – including specialty farmers, conservation groups and more – to comment.

The lawsuit was filed by farmer and conservation groups that said EPA violated two laws in its approval: the Federal Insecticide, Fungicide, and Rodenticide Act and the Endangered Species Act.

EPA spokesman Jeffrey Landis said the agency is still reviewing the ruling but declined to comment further.

“Time and time again, the evidence has shown that dicamba cannot be used without causing massive and unprecedented harm to farms as well as endangering plants and pollinators,” said George Kimbrell, legal director of the Center for Food Safety, which litigated the case.

January 27, 2024

EPA rushed to issue 2020 dicamba approval despite scientific concerns, documents reveal

By Johnathan Hettinger

In December 2021, a small team of scientists working for the US Environmental Protection Agency (EPA) issued a stark report on a controversial weed killer that had been the subject of years of complaints from farmers and environmentalists.

Despite new restrictions, the government scientists confirmed that the damage from the weed killer known as dicamba was nearly impossible to contain; once sprayed onto targeted farm fields where genetically engineered crops were designed to withstand the chemical, dicamba then easily and frequently moved far off target to harm millions of acres of other crops and endangered species. The agency scientists concluded that because of these broad risks, it was doubtful that dicamba, used on tens of millions acres of cotton and soybean crops in the U.S., could legally be kept on the market.

“EPA has reason to believe the number of incidents reported significantly understates the actual number of incidents related to dicamba use,” the agency said at the time.

Despite the public acknowledgements of the problems posed by dicamba, the EPA has taken little action over the last two years to curtail its use. And now, as US farmers prepare for another growing season, dicamba spraying is expected to lead to costly crop damage on farms throughout the US Midwest and southern farming states, just as it has in prior years.

Documents obtained through an ongoing lawsuit against the EPA over its approval of dicamba show that the agency’s lack of action to address the documented harms of dicamba is in sharp contrast to the agency’s rush to renew approval of the chemical in 2020.

And, notably, the documents also show that the EPA’s urgency to grant the 2020 renewal came amid numerous meetings with executives from Bayer, the German company that bought Monsanto in 2018, inheriting Monsanto’s portfolio of weed killing products that included dicamba brands.

January 8, 2024

Monsanto’s ‘cancer index’, an alleged conspiracy, and new PCB-related complaints

By Dana Drugmand

The former Monsanto company – now owned by Bayer AG – illegally cut a secret deal with General Electric Co. decades ago to try to shield itself from liability related to PCB contamination in western Massachusetts, engaging in a conspiracy that continues to wreak harm on the region, according to new complaints from local officials.

In a January 2 letter sent to several local, state, and federal officials, including President Joe Biden and Environmental Protection Agency (EPA) Administrator Michael Regan, officials from the town of Lee, Mass., said they believe a 1971 business deal between Monsanto and GE in which GE agreed to release Monsanto from liability for PCB contamination violated the Massachusetts Civil Conspiracy Law. The town plans to file charges against Monsanto this month, the letter states. Lee officials also accuse the EPA of failing to “adequately investigate” the arrangement between the two companies.

Attached to the letter are internal corporate documents, including a “cancer index” detailing a long list of Monsanto employees diagnosed with cancer dating back to 1949. The company spreadsheet notes where the employee worked, what type of cancer they suffered and – for many of the workers– dates of death. Monsanto was the sole manufacturer of PCBs in the United States from the 1930s through the 1970s.

The move in Massachusetts comes amid mounting community outrage over the construction of a new toxic waste dump in Lee in Berkshire County near a location where GE used polychlorinated biphenyls (PCBS) for decades in manufacturing electrical transformers. GE discharged the chemical waste into the nearby Housatonic River.

PCBs have long been linked to an array of human health concerns, including leukemia and other cancers. In one study of nearly 400 children, researchers found that detection of PCBs in the home was associated with a 2-fold increase in risk for acute lymphocytic leukemia. PCBs are also known to be harmful to fish and wildlife. They do not easily break down, making eradication difficult.

December 13, 2023

Paraquat ties to Parkinson’s disease featured on Al Jazeera news

Evidence tying the popular weed killer paraquat to Parkinson’s disease is featured this week in an online news segment that includes fresh details about corporate influence over US regulators and suppression of scientific research.

Al Jazeera’s investigative show Fault Lines highlights the reporting of The New Lede (TNL) and the thousands of internal corporate documents obtained by TNL that reveal decades of efforts by Syngenta, paraquat’s longtime manufacturer, to conceal evidence of how chronic exposure to paraquat can cause Parkinson’s disease.

Last month, the “Paraquat Papers” reporting by The New Lede was also the focus of an ABC News Nightline segment.

The New Lede, in collaboration with The Guardian, first revealed a trove of internal Syngenta documents in October 2022 and followed up in subsequent stories, exposing years of corporate efforts to cover up evidence that paraquat can cause Parkinson’s disease. The documents obtained by The New Lede additionally showed evidence of efforts to manipulate and influence the Environmental Protection Agency (EPA) and published scientific literature. The documents also show how the company worked to mislead the public about paraquat dangers, among other secret strategies.

The Fault Lines piece adds to TNL reporting with several on-camera interviews.

December 13, 2023

Citing new science, groups petition EPA to suspend glyphosate weed killer

By Carey Gillam

Citing new scientific research, a coalition of farmworker, public health and environmental advocates on Wednesday filed a legal petition with US regulators demanding they immediately suspend authorization for the controversial weed killing chemical called glyphosate.

The petition, filed with the US Environmental Protection Agency (EPA), alleges that the chemical does not meet the required safety standard set by federal law and the EPA has “no valid assessment demonstrating otherwise.”

If the EPA fails to address the petition, the groups said they will take the agency back to court, where the groups last year successfully garnered a judicial finding that the EPA’s most recent assessment of glyphosate was deeply flawed.

The legal petition comes less than 10 days after the publication of a new scientific study that lends fuel to critics who say glyphosate herbicide products can cause cancer.

In a paper published Dec. 6, National Institutes of Health cancer scientists said they found markers of genotoxicity in male farmers with high uses of glyphosate. The authors said their work suggested glyphosate ‘could confer genotoxic” effects, and amount to “novel evidence regarding the carcinogenic potential of glyphosate.” The study was published in the journal Environmental Health Perspectives.

The journal also published an accompanying opinion article from environmental and occupational health researchers who called the new study “important new evidence” that should be considered in evaluating glyphosate safety. The study was the largest of its kind and provides “mechanistic support for genotoxicity of glyphosate,” the researchers wrote.

“There is really compelling new science out there,” said Bill Freese, science director with the Center for Food Safety, the group leading the legal petition. “It’s becoming increasingly untenable for the agency to deny the cancer hazard.”

In addition to multiple studies cited as evidence of a cancer connection, “numerous studies” show glyphosate has harmful impacts on the liver, kidney and reproductive system, according to the petition.

December 12, 2023

Ohio PFAS class action lawyers slam US judges; seek rehearing

By Shannon Kelleher

A federal appeals court should grant a rehearing in a class action lawsuit filed against the makers of toxic PFAS chemicals after a panel of three federal judges disregarded legal precedent and misstated crucial facts in rejecting claims of liability alleged against PFAS makers, according to a petition filed by plaintiffs’ lawyers in the closely watched legal battle.

The request for rehearing comes after last month’s ruling by the Cincinnati, Ohio-based 6th US Circuit Court of Appeals, which reversed a lower court’s approval of the lawsuit brought on behalf of Ohio residents who want PFAS makers 3M, DuPont and others to pay for medical monitoring and studies that will analyze the health impacts of PFAS contamination the residents have been exposed to. The plaintiff’s attorneys have requested either a panel rehearing; a hearing before all judges of the court; or permission for the plaintiff to refile.

Lead plaintiff Kevin Hardwick worked as a firefighter for 40 years and used PFAS-containing foams at work. He alleges that ten companies, including chemical giants 3M, DuPont, and related companies, caused his blood -and the blood of other Ohio residents – to become contaminated with potentially dangerous levels of PFAS chemicals. The judges who rejected the allegations said in their opinion that Hardwick could not trace the chemicals in his blood back to the ten defendants, citing “the thousands of companies that have manufactured chemicals of this general type over the past half-century.”

In the filing by plaintiffs’ lawyers on Monday, the lawyers for the class action said the judges were factually wrong on multiple fronts, including stating that there are thousands of PFAS manufacturers. One of the PFAS toxins found in Hardwick’s blood is perfluorooctane sulfonic acid (PFOS). PFOS has only been made by defendant 3M, for instance, a fact not even disputed by 3M, the petition states. Another type of PFAS found in his blood was perfluorooctanoic acid (PFOA).

“Defendants do not dispute that they caused PFOA (and other PFAS) to be created and deposited into human blood. Nor do they dispute that that these toxins did not exist before Defendants created them,” the Hardwick petition states. The defendants additionally have been identified by the US EPA as “known makers” of PFOA, according to the petition for rehearing.

December 11, 2023

“Sounding the alarm,” a new youth lawsuit seeks climate action by EPA

By Dana Drugmand

US environmental regulators have allowed “dangerous levels of climate pollution” to destabilize the climate system with horrific impacts that will worsen over time, according to allegations laid out in a federal lawsuit filed Sunday by a group of California youth.

“We are running from wildfires, being displaced by floods, panicking in hot classrooms during another heat wave,” 15-year-old plaintiff Noah C. said in a statement. He is one of 18 young people named as plaintiffs in the lawsuit against the US Environmental Protection Agency (EPA) filed in US District Court for the Central District of California. (The last names of the plaintiffs are abbreviated due to their ages.) “We feel a constant worry about the future, and all around us no one is moving fast enough.”

EPA Administrator Michael Regan and the US federal government are also named as defendants in the case.

The lawsuit charges the government with knowingly endangering the lives and welfare of the nation’s youth by permitting unsafe levels of greenhouse gas emissions tied to the burning of fossil fuels, in violation of the US Constitution’s rights to life, equal protection, and due process. Additionally, the case contends that EPA has acted beyond its constitutionally delegated authority in allowing extensive climate pollution that harms human health and welfare.

The climate crisis is “government-imposed and sanctioned,” the lawsuit states. “Climate crisis is the single greatest driver of the health of every child born today,” according to the lawsuit.

December 1, 2023

Chemical found widely in the environment causes cancer, global experts determine

By Shannon Kelleher

A group of global scientific cancer experts this week classified a widespread chemical known as PFOA as carcinogenic to humans, confirming decades of research, and building on concerns about human and animal exposure to that chemical and to the larger class of manmade substances that are commonly known as “forever” chemicals because of their persistence in the environment. Separately, the experts deemed a related chemical called PFOS as possibly carcinogenic to humans.

The classifications, published Thursday in The Lancet Oncology, were determined by a working group of 30 experts from around the world through the International Agency for Research on Cancer (IARC), an arm of the World Health Organization (WHO). The experts convened in Lyon, France Nov. 7-14 to review published literature on the health risks of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS). Both are types of per-and poly fluoroalkyl substances (PFAS).

“This latest action highlights and reaffirms the concerns we have been raising for decades that these man-made ‘forever chemicals’ present a serious threat to human health, mandating that appropriate steps be taken to prevent and address exposures,” said Rob Bilott, an environmental lawyer for the Ohio-based firm Taft Law who has spent over two decades exposing the dangers of PFAS chemicals.

In classifying PFOA as carcinogenic, the IARC scientists said they found “sufficient” evidence for cancer in experimental animals exposed to PFOA and “strong” evidence that the chemical affects gene expression and immune response in humans exposed to PFOA. They also found limited evidence for cancer in humans, identifying a link to renal cell cancer and testicular cancer.

The scientists said that the research shows PFOS is “possibly” carcinogenic to humans. They said they found strong mechanistic evidence that the chemical affects gene expression and immune response in exposed humans, along with several other key characteristics of carcinogens. They also found limited evidence linking PFOS to cancer in experimental evidence but ‘inadequate evidence’ linking it to cancer in humans.

It remains to be determined how, or if, the new classifications may impact thousands of lawsuits that are pending in US courts against PFAS makers DuPont and 3M. The companies have been sued by individuals as well as by drinking water utilities and municipalities over alleged harms tied to PFAS contamination.

On Monday, a US appeals court turned back a large class action lawsuit brought on behalf of Ohio residents, finding there was not sufficient proof that the companies caused the exposure alleged in the case. Lead plaintiff Kevin Hardwick, who worked as a firefighter for 40 years and used PFAS-containing foams, brought the suit in 2018, alleging that the companies caused his blood to become contaminated with potentially dangerous levels of PFAS chemicals. Hardwick asked for a panel of scientists to study the effects of PFAS in his body and for medical monitoring.

November 24, 2023

After historic drinking water settlements, PFAS personal injury lawsuits loom

By Shannon Kelleher

In the wake of landmark settlements requiring chemical giants 3M and DuPont to pay billions to US water systems for alleged toxic chemical contamination, litigation over personal injuries from PFAS exposure is starting to move forward.

The first round of personal injury cases to go to trial will involve people who developed one of four diseases after drinking water contaminated with per- and polyfluoroalkyl substances (PFAS) from firefighting foam used at airports or military sites in Colorado and Pennsylvania, which seeped into nearby communities’ drinking water, according to lawyers for plaintiffs.

No date has been set yet for a bellwether trial, which is probably at least a year down the road, said Anne McGinness Kearse, an attorney with the Motley Rice law firm, which will be representing plaintiffs in the litigation. Attorneys for both sides are currently in the process of determining which plaintiffs will be the first to have their cases heard. They are due to report a joint proposal to the court by Dec. 1. As with the water supplier cases, 3M and DuPont are the main defendants, said Kearse.

A separate round of litigation will focus on people exposed through occupational exposure to PFAS, a group that mostly includes firefighters who have been exposed to the chemicals through their firefighting gear and in aqueous film-forming foam (AFFF), which has been used for decades to help quench fires.

“We are seeing what we believe are increases in the rates of cancer in our members at younger ages,” said Sean DeCrane, director of health and safety operational services at the International Association of Firefighters (IAFF). “That gives us a lot of concern.”