law

September 20, 2023

Postcard from California: State takes on Big Oil for decades of climate lies

By Bill Walker

California fired its opening salvo against the oil and gas industry two years ago, with Gov. Gavin Newsom’s order banning the sale of new gasoline-powered cars and trucks after 2035. In April, the offensive escalated, as the California Air Resources Board (CARB) ordered a phaseout of diesel trucks and locomotives starting in 2036. The state opened another front in June, establishing a watchdog agency to investigate gasoline-pump price spikes and recommend fines for oil companies deemed guilty of gouging customers.

Now the state has dropped its biggest bombshell yet: a monumental lawsuit against five of the world’s largest petrochemical companies for their “decades-long campaign of deception” about the harm of their products to the planet’s climate, and the disastrous and costly impacts of the climate crisis on California.

The 135-page lawsuit, filed last week in San Francisco County Superior Court, alleges that Exxon Mobil, Shell, Chevron, ConocoPhillips and BP (formerly British Petroleum) knew since the 1950s that burning fossil fuels would heat up the climate with devastating consequences, but covered up the truth instead of alerting the public. The suit also names as a defendant the American Petroleum Institute (API), the industry’s trade association. The defendants are accused of fraud, negligence, product liability, false advertising and creating a public nuisance.

“Oil and gas companies have privately known the truth for decades — that the burning of fossil fuels leads to climate change — but have fed us lies and mistruths to further their record-breaking profits at the expense of our environment,” state Attorney General Rob Bonta said in a news release. “From extreme heat to drought and water shortages, the climate crisis they have caused is undeniable. It is time they pay to abate the harm they have caused.”

September 14, 2023

New scientific integrity policy lacking teeth, critics warn

A draft policy meant to curtail improper interference in federal scientific work falls far short of what is needed, according to a warning issued this month by a group of public health and science advocacy groups.

The draft issued by the US Department of Health and Human Services (HHS) is the first to come from a key federal agency in answer to a call by President Joe Biden for federal agencies to strengthen policies meant to protect the integrity of their research. HHS is expected to release its final policy by February 2024.

The HHS oversees government entities that play critical roles in evaluating harmful chemicals, tracking and analyzing data on important public health threats, and conducting research into human health and disease, including the Centers for Disease Control and Prevention, the Food and Drug Administration, and the Agency for Toxic Substances and Disease Registry.

The HHS works to “enhance the health and well-being of all Americans depends on the development and use of accurate, complete, and timely scientific and technical information,” HHS states in the draft policy.

But according to a letter sent to HHS this month by 11 advocacy organizations, the draft policy would do little to stem what has become a systemic problem in key federal agencies whose work is supposed to protect the public but too often is swayed by political and/or corporate interests.

“Under this proposed policy, every aspect of enforcing scientific integrity principles would remain a captive of the political process inside the agencies,” Jeff Ruch, the Pacific director of Public Employees for Environmental Responsibility (PEER), said in a press release.

August 29, 2023

Justices ring death knell for isolated US wetlands

By Judith Helgen
A recent decision by the U.S. Supreme Court strips away protections from our nation’s remaining treasure of isolated wetlands. The court has reverted to the dark days when wetlands were viewed as dirty swamps to be drained — habitats with no value.

There’s a convoluted legislative and regulatory history which gave the U.S. Army Corps authority to oversee the nation’s navigable waters. The Corps protects waters that have a significant nexus, or connection, to a navigable water like a river. On that basis, the court removed isolated wetlands as Waters of the United States. Yet scientists have documented that most waters — including isolated wetlands — are connected, even when they don’t have an obvious nexus.

As a result, the justices have rung a death knell for these unique, watery environments.

Permanent and semi-permanent wetlands support an amazing diversity of underwater life: mayflies, dragonflies, small algae-eating crustaceans, and other quietly beneficial species. Isolated wetlands also provide physical services, such as holding water on the landscape and settling silt and pollutants.

Biologists like me who care about our watery environments are in shock.

Nationwide, less than half the country’s original 220 million acres of wetlands remain after vast areas were drained, primarily to create farmland. Farmers had no malicious intent; their crops are a major contributor to the Midwest economy. Minnesota has already lost half of its 20 million acres of wetlands because of drainage to create farmland.

Shouldn’t we protect those that remain?

August 2, 2023

Native American tribe takes a stand to protect its natural resources

By Keith Schneider
MAHNOMEN, Minn. – It’s been centuries since the White Earth tribe migrated west across North America, following an ancestral prophecy to go where “food grows on water.” One of seven Ojibwe bands in Minnesota, White Earth found that prophecy fulfilled along the many shallow clear lakes that lie in the state’s northern forests, where luminous green stalks of wild rice grow in abundance.

The lakes and the magnificent bounty of wild rice still form the spiritual foundation of a culture, economy, and way of life for the tribe, which inhabits the White Earth Reservation that was created in 1867 through a treaty the United States signed with the Mississippi Band of Chippewa Indians.

“Everything that revolves around that rice revolves around all of us,” explained Michael Fairbanks, the tribe’s chairman.

That way of life is under threat, however, as industrial-sized dairies, hog facilities, and big crop farms are beginning to surround the tribe’s 829,440-acre reservation near the North Dakota border. The agricultural operations bring ruinous nutrient pollution that has been documented in all of Minnesota’s farming counties, and massive groundwater withdrawals for irrigation and livestock.

“When you look at the magnitude of these factory farms, the level of waste they produce, it’s horrible,” Fairbanks said.

July 27, 2023

Aging Americans face deadly risk due to wide temperature swings, study warns

By Dana Drugmand
People over age 65 face a higher risk of dying when exposed to temperatures that swing far outside the seasonal average, findings that underscore an “urgent” need to mitigate climate change, according to new research.

The study, published this month in Environmental Health Perspectives, examined how seasonal variations in temperature impacted mortality rates among older Americans. The authors include researchers from the Harvard T.H. Chan School of Public Health, and the Emory Rollins School of Public Health.

The study concludes that the modulated temperature variability that is accompanying a changing climate “must be considered as a considerable threat to life” for people over 65 years old.

Specifically, the study determined that for every 1°C increase in temperature variability, the annual death rate increased by 1.54% in the warmer half of the year and by 0.69% in the cooler half, based on an analysis of government data on more than 72 million Medicare recipients from 2000 to 2016.

As the climate crisis grows, the world is observing more extreme temperatures, though they come with “a lot more variability and nuance,” said James Healy, a climate change epidemiologist and a lead author of the study. “That nuance, while not seeming immediately life-threatening, still has these pronounced health effects and is killing older Americans.”

March 16, 2023

Monsanto accused of wrongly excluding non-US citizen from Roundup settlement

By Huanjia Zhang

(This story was originally published in Environmental Health News and is republished here with permission.)

Monsanto Co. and its corporate parent Bayer are facing a federal lawsuit for civil rights violations after they allegedly excluded a farmworker from a Roundup cancer settlement because of her immigration status.

According to the lawsuit, which was filed in the US District Court for the Western District of Virginia, plaintiff Elvira Reyes-Hernandez is a migrant farmworker who worked on Virginia tree farms between 2015 and 2018, during which she sprayed the herbicide Roundup regularly.

In 2015, the World Health Organization’s International Agency for Research on Cancer (IARC) listed glyphosate, the active ingredient in Roundup, as “probably carcinogenic to humans.” Over the years, a wide body of scientific evidence has also pointed to glyphosate exposure as causing an increased risk of non-Hodgkin lymphoma.

Reyes-Hernandez was diagnosed with non-Hodgkin lymphoma in 2019 and subsequently sued Monsanto, claiming that Roundup exposure had a role in causing her cancer.

“Monsanto is very likely making calculated risks based on the characteristics of the people who are using their products,” said Katy Youker, an attorney for Lawyers’ Committee for Civil Rights Under Law and a co-counsel for the case.

By excluding non-US citizens from the settlement program, she said, Monsanto is effectively putting up a huge barrier for migrant farmworkers — most of whom do not have citizenship but are at the forefront of Roundup exposure — from seeking restitution.

This case could send an encouraging message to migrant and undocumented farmworkers who wish to bring legal action against the company. However, legal experts and farmworker advocates are still pessimistic about the prospect of them coming forward, especially when facing a myriad of hurdles and obstacles.

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December 9, 2022

Postcard from California: Food waste law fights hunger and climate change

By Bill Walker

California produces far more food than any other US state, but we throw a lot of it away. Meanwhile, more than one in five Californians don’t always know where their next meal is coming from. Food insecurity is higher among Black and Latino households, and inflation is making the problem worse.

Now the state is aiming to relieve hunger by reducing food waste – and at the same time, help to address climate change.

A state law that was passed in 2016 but took effect this year, requires businesses and facilities that sell or serve food to donate edible food they would otherwise throw out to local food banks. Grocery stores, wholesalers and distributors had to start donating earlier this year. Restaurants, hotels, schools, hospitals, state office cafeterias and event venues must comply by January 2024.

According to the state agency CalRecycle, Californians send more than 11 billion pounds of food to landfills every year. Nationally, about 80 billion pounds of wasted food goes to the dump yearly, making food the single largest constituent of municipal landfills.

Food rescue
While not all discarded food is fit to eat, the newly implemented law – SB 1383 – requires that by 2025 California will recover 20% of wasted food to feed people in need. Washington State has the same goal, but by mandating fines for non-compliance, California’s is the strongest “food rescue” measure in the country.

Rescuing edible food is only one front in the war on food waste.

November 16, 2022

Guest column: EPA has lost its way

By Tim Whitehouse

It has been more than 20 years since I worked as a senior attorney at the US Environmental Protection Agency (EPA), using my legal training to help enforce the Clean Water Act, and advise agency managers on a range of hazardous waste issues.

When I joined the regulatory agency in 1992, I felt my work would matter; that I would play a small role in protecting public and environmental health. And during the ten years I worked there, I always felt I was making a positive difference and my managers were usually able to apply the law in ways that balanced the interests of various stakeholders.

Over the years, however, it has become more apparent that this is often no longer the case, and that powerful corporate interests have taken too much control over EPA’s decision-making processes. Nowhere is this more apparent than in EPA’s chemicals and pesticides programs.

The last 30 years have brought countless examples of EPA’s appalling incompetence and willful corruption as the agency routinely capitulates to the interests of the chemical industry and ignores or minimizes human health and environmental risks.

Newly unearthed documents regarding one such chemical – the weed killer paraquat – provide just the latest example of how inept the agency has become in protecting public health.

At the organization I work for now – Public Employees for Environmental Responsibility – we are currently representing EPA scientists who have bravely put their careers on the line to speak out publicly about the wrongdoing they’ve witnessed with the agency.

Through a series of disclosures to EPA’s Inspector General and Congress these scientists have provided extensive evidence of a system that operates in a black box where threats to human health from chemicals are routinely deleted from risks assessments, where agency managers routinely bow to industry wishes, where key managers move back and forth between jobs at the EPA and the chemical industry with scant scrutiny, and where managers ignore risk indicators and intimidate staff into signing off on assessments with insufficient data to reach a conclusion.

October 20, 2022

Secret “Paraquat Papers” reveal corporate tactics to protect weed killer linked to Parkinson’s disease

By Carey Gillam and Aliya Uteuova

For more than 50 years, Swiss chemical giant Syngenta has manufactured and marketed a widely used weed killing chemical called paraquat, and for much of that time the company has been dealing with external concerns that long-term exposure to the chemical may cause the dreaded, incurable brain ailment known as Parkinson’s disease.

Syngenta has repeatedly told customers and regulators that scientific research does not prove a connection between its weed killer and the disease, insisting that the chemical does not readily cross the blood-brain barrier, and does not affect brain cells in ways that cause Parkinson’s.

But a cache of internal corporate documents dating back to the 1950s obtained by The New Lede in a reporting collaboration with the Guardian suggests that the public narrative put forward by Syngenta and the corporate entities that preceded it has at times contradicted the company’s own research and knowledge.

And though the documents reviewed do not show that Syngenta’s scientists and executives accepted and believed that paraquat can cause Parkinson’s, they do show a corporate focus on strategies to protect product sales, refute external scientific research and influence regulators.

In one defensive tactic, the documents lay out how the company worked behind the scenes to try to keep a highly regarded scientist from sitting on an advisory panel for the US Environmental Protection Agency (EPA). The agency is the chief US regulator for paraquat and other pesticides. Company officials wanted to make sure the efforts could not be traced back to Syngenta, the documents show.

And the documents show that insiders feared they could face legal liability for long-term, chronic effects of paraquat as long ago as 1975. One company scientist called the situation “a quite terrible problem,” for which “some plan could be made….”

September 14, 2022

Court smacks USDA for lack of transparency in GMO labeling

By Carey Gillam

Years of legislative and court battles over the labeling of genetically engineered (GE) food took another turn this week when a federal court determined on Tuesday that the US Department of Agriculture (USDA) erred in allowing food companies to label GE products simply with digital codes that consumers have to scan, without any accompanying disclosure options.

Under USDA rules that took full effect earlier this year, food made with genetically modified crops can be labeled simply as “bioengineered” (BE), or come with a QR code guiding consumers to more information online, among other options.

But the court said those rules did not comply with the law, and found that the USDA knew that allowing “standalone electronic disclosure” would not provide consumers “sufficient access” to disclosures about bioengineering involved in creating certain products.