New EPA Finding: Glyphosate Harms 93 Percent of Endangered Species

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by Sam Bloch

12.02.2020

Another task for Biden’s first 100 days—whether to rein in the controversial herbicide.

Over 93 percent of endangered species and 96 percent of their habitats are likely to be harmed by glyphosate, the ubiquitous and controversial herbicide, the Environmental Protection Agency (EPA) reported in a draft evaluation released last week. 

The evaluation was conducted as part of a registration review—the agency’s routine process for renewing herbicides, pesticides, and other chemicals for use in the United States every 15 years. An interim decision, released in January, paved the way for the chemical’s renewal, which EPA said was safe to humans if used correctly. But the agency must now assess the herbicide’s impact on nearly 1,800 protected plants and animals, pursuant to the Endangered Species Act (ESA). This law prohibits federal agencies from engaging in actions likely to “jeopardize the continued existence” of threatened or endangered species.

The initial findings are now open for 60 days of public review, after which the EPA will decide how to limit the use of the pesticide, in order to protect those plants and animals. Because of that timing, a decision to rein in the most popular farm chemical in the history of the world could be among President-elect Biden’s first environmental actions. After years in which the Trump administration rolled back regulations on pesticides, and shrank the number of animals protected under the ESA, it could signal that a chastened EPA—reportedly in revolt—is coming back to life.

“This is indeed interesting and out of character. Perhaps this is a rare moment that science was followed.”

“This is indeed interesting and out of character,” said Judith Enck, a former EPA regional administrator appointed by President Obama, in an email to The Counter. “Perhaps this is a rare moment [that] science was followed.”

The impacts on endangered species are the latest finding in the long, controversial life of glyphosate. The chemical is used widely on farm fields—about 280 million pounds applied every year to soybeans, corn, cotton, and other crops, according to EPA. It’s also used heavily to control weeds in watersheds, pastures, forests, and roadsides.

For the last two years, glyphosate has been at the center of thousands of lawsuits brought against Bayer, the pharmaceutical giant that took over Monsanto. Bayer produces Roundup, the weedkiller’s most popular brand name. Juries have awarded billions of dollars in damages to plaintiffs in court cases who claimed that glyphosate caused their cancers. In June, Bayer agreed to pay $10.5 billion to settle the remaining cases.

Farmers continue to use the weedkiller at soaring levels, despite mounting evidence that overuse is causing it to become ineffective.

The question of how dangerous it is to human health remains unsettled. As part of its interim review, the EPA found that glyphosate is not likely to be carcinogenic to humans, but the International Agency for Research on Cancer, part of the World Health Organization, has concluded it probably is. The Centers for Disease Control and Prevention has also called for more research on the chemical’s effect on humans. Nevertheless, farmers continue to use the weedkiller at soaring levels, despite mounting evidence that overuse is causing it to become ineffective.

“We are reviewing the EPA’s draft biological evaluation for glyphosate. The safety of our products is our top priority, and we will continue to participate in this public process,” a Bayer spokesperson said to The Counter in a statement. “In the meantime, the EPA’s current determination—that glyphosate products pose no unreasonable risks when used according to label requirements—still stands, and growers and others can continue to use glyphosate products according to current label instructions.”

In its report, EPA found that glyphosate, which affects non-farm environments predominantly through field runoff and spray drift, is “moderately to highly toxic to fish, highly to very highly toxic to aquatic invertebrates, moderately toxic to mammals, and slightly toxic to birds on an acute exposure basis.” Chronic exposure causes “a variety of growth and reproductive effects” to land and aquatic animals as well as plants. 

“The goal and the purpose here is not a glyphosate ban. It’s to change the labels of glyphosate so that it’s not used in a way that jeopardizes the continued existence of endangered species.”

Overall, it’s “likely to adversely impact” 75 endangered species of mammals, 88 endangered bird species, 36 endangered amphibian species, 33 endangered reptile species, 179 endagngered fish species, 185 endangered aquatic invertebrates, 140 endangered terrestrial invertebrates, and 940 endangered plant species.

After EPA analyzes the comments, it may consult with two federal agencies—the US Fish and Wildlife Service and the National Marine Fisheries Service, known as NOAA Fisheries—to prepare reports that would inform steps to minimize impacts. Those steps would likely take the form of restrictions, visible on labels, to limit where and when glyphosate is used. Glyphosate could, theoretically, be banned during high winds, restricted from hundred-foot buffers near water, or in some counties with sensitive habitats. 

Depending on the severity of the restrictions, they could be challenged by industry, just as restrictions on dicamba and chlorpyrifos have, said Lori Ann Burd, senior attorney and environmental health program director at the Center for Biological Diversity, an environmental group that sued EPA to force the ESA review.

“The goal and the purpose here is not a glyphosate ban. It’s to change the labels of glyphosate so that it’s not used in a way that jeopardizes the continued existence of endangered species,” said Burd. “It probably will lead to real reductions in use, and it will lead to more thoughtful use, because right now glyphosate is just sprayed in wild amounts.”

Correction: An earlier version of this story suggested glyphosate might be used for lawn maintenance. This reference has been removed, as the herbicide would kill virtually any common grass.

Lead image: Frank Hoermann/SVEN SIMON/picture-alliance/dpa/AP Images

Tags: glyphosate Environment Animal welfare Impact

Sam Bloch is a staff writer for The Counter, where he covers business, environment and culture. He has also written for The New York Times, L.A. Weekly, Places Journal, Art in America and other publications.

Bayer Settles Roundup, Dicamba And PCB Water Lawsuits For $10 Billion

by Sonja Begemann

June 24, 2020

Bayer reached a settlement with plaintiffs in its Roundup, glyphosate, lawsuits, and litigation concerning dicamba drift and PCB water. The company agreed to a total payment of $10.1 billion to $10.9 billion.

Bayer provided the following statement:

“Bayer announced today a series of agreements that will substantially resolve major outstanding Monsanto litigation, including U.S. Roundup product liability litigation, dicamba drift litigation, and PCB water litigation. The main feature is the U.S. Roundup resolution that will bring closure to approximately 75% of the current Roundup litigation involving approximately 125,000 filed and unfiled claims overall. The resolved claims include all plaintiff law firms leading the Roundup federal multi-district litigation (MDL) or the California bellwether cases, and those representing approximately 95% of the cases currently set for trial, and establish key values and parameters to guide the resolution of the remainder of the claims as negotiations advance. The resolution also puts in place a mechanism to resolve potential future claims efficiently. The company will make a payment of $8.8 billion to $9.6 billion to resolve the current Roundup litigation, including an allowance expected to cover unresolved claims and $1.25 billion to support a separate class agreement to address potential future litigation.”

Included in the settlement is a payment of up to $400 million for dicamba drift litigation and $820 million for PCB water litigation exposure. The separate class action settlement will need to be approved by Judge Vince Chhabria of the U.S. District Court for the Northern District of California.

In 2015 the World Health Organization’s (WHO) International Agency for Research on Cancer (IARC) found ‘convincing evidence’ that glyphosate caused cancer in lab animals. Those results have been disputed—in fact, a court recently ruled that California could not list glyphosate as a cancer agent based on numerous EPA and other agency reports that claim the product is safe.

IARC claimed there is ‘limited evidence’ that glyphosate can cause non-Hodgkin’s lymphoma and lung cancer in humans. This is the basis in which many of the lawsuits were filed.“

It has been a long journey, but we are pleased that we’ve achieved justice for the tens of thousands of people who, through no fault of their own, are suffering from non-Hodgkin’s lymphoma after using a product Monsanto assured them was safe,” said Robin Greenwald, practice group chair, environmental pollution and consumer protection at Weitz and Luxenburg, one of the plaintiff attorneys that reached a settlement today.

Bayer purchased Monsanto for $63 billion and took on the glyphosate lawsuits in 2018. If the settlement is approved, this should mark the end of this chapter of lawsuits for the company. The company says funding was sourced from free cash flow and a recent Animal Health divestment.“

First and foremost, the RoundupTM settlement is the right action at the right time for Bayer to bring a long period of uncertainty to an end,” said Werner Baumann, Chief Executive Officer of Bayer. “It resolves most current claims and puts in place a clear mechanism to manage risks of potential future litigation.”