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19 January 2017

Monsanto, California Battle Over Listing Glyphosate as a Carcinogen

In a first for the country, California's Environmental
Protection Agency (Cal/EPA) has issued plans to list
glyphosate - the toxic active ingredient in Monsanto's
Roundup herbicide - as known to cause cancer.
Monsanto, California Battle Over Listing Glyphosate as a Carcinogen
by Lorraine Chow, EcoWatch, 
18 January 2017

Next week, Monsanto and California's Environmental Protection Agency's Office of Environmental Health Hazard Assessment (OEHHA) will face off over the agency's plan to list the herbicide glyphosate as a carcinogen. The outcome of this legal battle could have major ramifications to California's long-established regulatory program.

It all started back in Sept. 2015 when the OEHHA issued a notice of intent to list the chemical as known to the state to cause cancer under the Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65. The OEHHA determined that glyphosate met the criteria under the "Labor Code" listing mechanism, which directs the office to add a chemical or substance to the Prop 65 list of known carcinogens if it meets certain classifications by the World Health Organization's International Agency for Research on Cancer (IARC). The France-based IARC concluded that glyphosate is "probably carcinogenic to humans (Group 2A)" in March 2015.

Monsanto then filed a lawsuit against the OEHHA in January 2016 to prevent the listing, arguing that the Labor Code listing mechanism is unconstitutional because the office delegated law-making authority "to an unelected and non-transparent foreign body that is not under the oversight or control of any federal or state government entity."

Glyphosate happens to be the main ingredient in Monsanto's Roundup, the world's most popular herbicide. The chemical is applied onto "Roundup Ready" crops that are genetically modified to resist applications of the spray. The agribusiness giant has long maintained the safety of their flagship product and has vehemently denied glyphosate's link to cancer and has also demanded a retraction of the IARC's report. The company's lawsuit also cited the OEHHA's own 2007 study concluding that the chemical was unlikely to cause cancer.

In response, the OEHHA filed a motion to dismiss Monsanto's lawsuit. The office asserted in its motion that the listing mechanism "simply provides a way for OEHHA to make the most of scarce resources." According to the motion, IARC's scientific determinations are "the gold standard in carcinogen identification," and are trusted and relied upon by state governments, the federal government and foreign governments alike.

At the upcoming Jan. 27 hearing in Fresno Superior Court, both sides will make their arguments before a judge decides whether to dismiss the case or allow it to proceed.

"Monsanto's lawsuit is significant for a number of reasons," Kevin Haroff and Marina Cassio of Marten Law wrote in a blog post. "It raises fundamental issues over how scientific health assessments can appropriately be used as the basis for governmental actions, with broad-reaching implications for both consumers and the overall economy. As a practical matter, it also challenges a key element of a unique California regulatory program that has now been in place for three full decades."

Continue reading:
http://www.ecowatch.com/glyphosate-cancer-kennedy-2199066232.html

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