The measure “would limit state and local governments from issuing their own rules about pesticide safety warnings,” Romm reported. “Instead, they would be required to follow the lead of the federal government on what to label and when. … That measure could effectively shut down some of the lawsuits against Bayer, legal experts said.”

“The legislation aims to prevent local governments and courts from being able to ‘penalize or hold liable any entity for failing to comply’ with rules for pesticide warnings that differ substantially from what the federal government already mandates,” Romm reported. “At the moment, the Environmental Protection Agency does not treat the underlying chemical in Roundup as a carcinogen.

“While the agency plans to reevaluate its stance on glyphosate in 2026, its views are at odds with some global health experts, including the World Health Organization’s International Agency for Research on Cancer, which identified glyphosate as ‘probably carcinogenic’ in 2015. The European Union, for its part, has not found the herbicide to be carcinogenic.”

“The provision builds on an earlier proposal introduced by Reps. Dusty Johnson (R-S.D.) and Jim Costa (D-Calif.), two members of the House Agriculture Committee,” Romm reported. “Bayer helped craft that measure, then circulated it among lawmakers to rally support before later pushing the House to add it to the farm bill, the people familiar with the effort said. The House doesn’t yet have a vote scheduled on that package, which expires Sept. 30.”

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The decision is the fourth in a row to go against Bayer during a roller-coaster five-year legal battle over Roundup, the world’s most popular weedkiller, which included nine straight victories for the company, as well as earlier losses. The cases represent tens of thousands of claims from farmers and gardeners.

The mounting charges from cases tied to the herbicide come against the backdrop of Bayer’s restructuring efforts. The overhaul could lead to the separation of its health business and its agriculture unit, which includes the U.S.-based Monsanto operation that developed Roundup.

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The move is designed to mitigate future litigation risk.

This spring, a judge rejected Bayer’s plan to limit the cost of settlements in claims that its glyphosate product causes non-Hodgkins lymphoma.

In a call with investors, Bayer officials said they will file a petition with the U.S. Supreme Court to review the lower court ruling. If the ruling is in Bayer’s favor, they said it would end Roundup litigation. But, if it is not, Bayer will set aside $4.5 billion for future lawsuits.

Bayer says its case has gotten stronger since the litigation began when the product was owned by Monsanto.

Source: Brownfield Ag News

On June 3, the U.S. Ninth District Court of Appeals ruled that farmers could no longer spray dicamba. Days later, the EPA issued an order canceling the registrations of the three dicamba products (Bayer’s Xtendimax, BASF’s Engenia and Corteva’s FeXapan) but allowing growers and applicators to use existing stocks through July 31.

Opponents of dicamba filed an emergency order with the court asking it to call for an immediate end to use of the herbicide. A coalition of farmers stepped in to ask the court to allow use to continue.

The coalition argued that America’s soybean and cotton growers have spent more than $4 billion on seed and hundreds of millions on herbicides, including Xtendimax, Engenia, and FeXapan.

It went on to say an estimated 64 million acres of dicamba-tolerant seed was already planted and no viable alternative existed for weed control. Losing access to dicamba could lead to yield loss as high as 50 percent, the argument said, with respective losses estimated at as much as $10 billion for soybean growers and $800 million for sorghum growers.

In related news, after a stream of lawsuits against Bayer over its glyphosate weedkiller, and more than a year of negotiations, the company has agreed to a more than $10.5 billion settlement with thousands of plaintiffs who claimed exposure to Roundup was responsible for their non-Hodgkin’s lymphoma.

Up to $9.5 billion will be paid to settle the majority of pending litigation, while $1.25 billion will be set aside to resolve future claims and to research whether Roundup causes cancer.

The World Health Organization concluded in 2015 that glyphosate is a probable carcinogen, while the EPA has long maintained that it’s safe. The company intends to continue selling Roundup. The settlement does not contain an admission of liability or wrongdoing.

Brett Begemann, COO for Bayer Crop Science, says the company stands behind its glyphosate and dicamba products, Roundup and XtendiMax. He said no other regulatory body agrees with the WHO’s conclusion on glyphosate as a carcinogen.

Begemann also said he is confident dicamba will get through the EPA
re-registration process for use in 2021.

Sources: Brownfield Ag News, Politico