4
CapitalPress.com
Friday, June 24, 2022
SCOTUS won’t review pesticide cancer labeling lawsuit
By MATEUSZ PERKOWSKI
Capital Press
The U.S. Supreme Court
will not review a $25 mil-
lion jury verdict that faulted
Monsanto for not warning
about the alleged cancer risk
of its Roundup glyphosate
herbicides.
The nation’s court has
let stand a 9th U.S. Cir-
cuit Court of Appeals rul-
ing that pesticide manufac-
turers claim will allow for a
hodgepodge of state label-
ing requirements for farm
chemicals.
In 2019, a jury found
that Monsanto was liable
for failing to warn about
the product’s alleged can-
cer risks in a lawsuit brought
by Edwin Hardeman, who
claimed Roundup caused his
non-Hodgkin’s lymphoma.
Since then, Monsanto has
tried to overturn the $25 mil-
lion legal judgment awarded
to Hardeman, arguing that
federal pesticide label-
ing regulations should have
blocked the case from going
to trial.
The 9th U.S. Circuit Court
of Appeals rejected Mon-
santo’s legal arguments last
year, ruling that the federal
pesticide label doesn’t con-
flict with cancer risk warn-
ings required in California.
Monsanto and other pesti-
cide manufacturers urged the
Supreme Court to review the
9th Circuit’s ruling, arguing
it will effectively allow juries
Court tells EPA to review
glyphosate’s link to cancer
By DON JENKINS
Capital Press
The 9th U.S. Cir-
cuit Court of Appeals has
ordered the Environmen-
tal Protection Agency to
reconsider whether gly-
phosate, the world’s most
widely used pesticide, is
unlikely to cause cancer.
The ruling, on June 17,
targeted the EPA’s conclu-
sion in 2016 that dozens of
studies provided substan-
tial evidence that there is
no link between glypho-
sate, the active ingredient
in Roundup, and “numer-
ous cancer outcomes.”
The EPA hedged on
non-Hodgkin lymphoma,
saying it was unable to
draw conclusions on the
link between that type
of cancer and glypho-
sate based on the available
information.
Writing for a unanimous
three-court panel, Judge
Michelle Friedland said
the agency can’t find gly-
phosate unlikely to cause
cancer, while being uncer-
tain about its connection to
non-Hodgkin lymphoma.
Friedland referred to
chlorpyrifos,
another
widely used pesticide that
the 9th Circuit prodded
the EPA to ban because the
agency hesitated to declare
it safe in all uses.
“We have previously
held that an agency cannot
rely on ambiguous studies
as evidence of a conclusion
that the studies do not sup-
port,” Friedland wrote.
The EPA said it would
review the decision. Envi-
ronmental groups that
brought the suit hailed the
decision.
The ruling has no imme-
diate effect on glyphosate’s
uses. The EPA is sched-
uled to finish a review on
applications under the Fed-
eral Insecticide, Fungicide
and Rodenticide Act in
October.
Friedland noted the EPA
could again conclude that
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
06/27/2022. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2015 CHEV SLV PK
VIN = 3GCUKREC3FG159120
Amount due on lien $1415.00
Reputed owner(s)
RYAN & SHELLY SIEGEL
TOYOTA MOTOR CREDIT CORP
glyphosate is unlikely to
cause cancer, but its expla-
nation will have to be
different.
Bayer, the pharmaceu-
tical company that bought
glyphosate-developer
Monsanto, said in a state-
ment that it was confident
the EPA will continue to
conclude herbicide is safe
and not carcinogenic.
“Importantly, the cur-
rent product registrations
remain in place and grow-
ers and other users can
continue to use the prod-
ucts based the current label
instructions,” Bayer stated.
The American Farm
Bureau and other agricul-
tural groups intervened in
the lawsuit, arguing gly-
phosate was one of the
most throughly studied
pesticides in the world and
there was strong evidence
of its safety.
The EPA — under
the Obama, Trump and
Biden administrations —
embraced that position.
The agency said that
while some of its science
advisers were concerned
about a link between gly-
phosate and non-Hodgkin
lymphoma, other scientists
strongly disagreed.
Study shortcomings —
such as sample size, miss-
ing data and relying on
subjects recalling their
exposure — clouded find-
ings, the EPA said.
At a court hearing in
January, Friedland fore-
shadowed her ruling by
questioning the logic of
declaring glyphosate safe
while saying its link to
non-Hodgkin lymphoma
was inconclusive.
“It seems like there’s an
incoherence in the explana-
tion,” she said.
The court also ruled the
EPA violated the Endan-
gered Species Act when it
issued a preliminary deci-
sion in 2020 to renew gly-
phosate’s registration.
The EPA should have
consulted with the U.S.
Fish and Wildlife Service
and National Marine Fish-
eries Service about the pes-
ticide’s effect on animals,
fish and plants, according
to the court.
The court did not order
any relief. The EPA is now
consulting the other fed-
eral agencies. With the
review due by October, a
court order would have lit-
tle impact, judges said.
to decide different labeling
requirements under the laws
of the 50 states.
While the legal dis-
pute pertains specifically to
Roundup glyphosate herbi-
cides, the pesticide industry
expects it to serve as a “bell-
wether” for thousands of
federal cases and “countless
other products.”
Though EPA has “exhaus-
tively” studied glyphosate
for decades and determined
a cancer warning for glypho-
sate herbicides is “unwar-
ranted,” the 9th Circuit
ruling allows for a Califor-
nia-specific label that refutes
that conclusion, according to
Monsanto.
Inconsistent labels will
sow confusion among pes-
ticide users and create oner-
ous costs for manufacturers,
since the case will establish
a precedent for thousands of
similar lawsuits, the com-
pany said.
That concern is shared by
CropLife America, an orga-
nization representing pesti-
cide manufacturers, which
says the pre-emption ques-
tions “reach well beyond this
particular case.”
The 9th Circuit’s decision
will allow EPA’s findings to
be “overridden by lay juries
under state law,” creating lia-
bilities for pesticide manu-
facturers in many other law-
suits, the group said.
While the 9th Circuit char-
acterized the cancer warning
as a “minor modification”
to the pesticide label, juries
could force manufacturers to
add false cancer warnings to
products, threatening to push
chemicals that are “safe and
economically vital off the
market,” CropLife said.
“There is a real-world
costs, in both economic and
public health terms, to ‘cry-
ing wolf,’” the group said.
Originally, the U.S. Envi-
ronmental Protection Agency
stood with Monsanto in
arguing that the $25 million
judgement is problematic,
but it changed its mind due
to the change in presidential
administrations and the 9th
Circuit’s reasoning.
State governments are
pre-empted from allow-
ing pesticide uses that are
prohibited by federal label
restrictions, but federal law
doesn’t preclude state-level
warnings for “chronic health
risks like carcinogenicity,”
the federal government said.
The Supreme Court spe-
cifically asked the federal
government to weigh in on
the case before the justices
deliberated on whether to
review the 9th Circuit’s rul-
ing on June 16.
When the EPA shifted its
position, Monsanto said it
amounts to a “new national
policy”
that
embraces
an unworkable “50-state
approach” to pesticide
labeling.
The nation’s highest court
denied Monsanto’s petition
for review on Jun 21.
Strike at West Coast ports unlikely
By SIERRA DAWN McCLAIN
Capital Press
An association represent-
ing container terminal own-
ers and a union represent-
ing 22,000 dockworkers are
unlikely to reach a deal in
contract negotiations before
the current contract expires
next month, but experts say
a strike or lockout is unlikely.
Neither side foresees the
conflict escalating into any-
thing that would impede port
operations or further hobble
supply chains.
Shipping experts say
they’re cautiously optimis-
tic that talks between the
International Longshore and
Warehouse Union and the
Pacific Maritime Association
will be resolved reasonably.
Negotiations began May
10 over the contract that
governs wages, benefits and
employment rules for the
longshoremen who work at
Pacific Maritime Associa-
tion terminals. The existing
agreement expires on July 1.
When the previous con-
tract ended in mid-2014, it
caused work slowdowns that
cost businesses, including
agricultural exporters, hun-
dreds of millions of dollars.
A deal was finally struck in
2015.
This time, however, both
sides have been more vocal
Pacific Maritime Association
A group representing container shippers and the
union representing dockworkers don’t expect a strike
or lockout this summer.
about their intention to avoid
a fallout.
“Both the PMA and the
ILWU agree that they are
unlikely to reach a deal
before the July 1 expiration
of the current agreement,”
the groups said in a joint
statement this week. “This
timing is typical, and cargo
operations continue beyond
the expiration of the current
contract. Neither party is pre-
paring for a strike or a lock-
out, contrary to speculation
in news reports.”
Bill Mongelluzzo, editor
of the Journal of Commerce
and an expert on trans-Pa-
cific trade, said that in all
his years following contract
negotiations, he can’t recall
ever hearing a statement like
that from both parties while
negotiations were ongoing.
“Not reaching an agree-
ment by July 1 does not
mean a lockout or strike is
imminent,”
Mongelluzzo
told agricultural exporters at
the Agriculture Transporta-
tion Coalition’s annual con-
ference in Tacoma.
Some shipping experts
say they suspect President
Biden put pressure on the
groups not to further upend
global supply chains during
his visit to Southern Califor-
nia last week, where Biden
met with both groups aboard
the Battleship U.S.S. Iowa in
San Pedro.
One trade expert said
Biden has made it clear that
his administration “will not
tolerate interruptions” to port
productivity.
In their joint statement,
the union and maritime asso-
ciation said they discussed
supply chain congestion with
the president during his visit
and reaffirmed “their shared
commitment to reach a col-
lective bargaining agreement
that is fair to both parties.”
The contract is about
more than wages and ben-
efits. It’s also about reach-
ing an agreement over
employment rules, including
automation.
Shipping experts say
automation is the main
hot-button issue in the 2022
contract negotiations.
Some ports, looking
to become more efficient,
are exploring automation,
including using driverless
automated cranes and driver-
less yard tractors.
Previous contract nego-
tiations, including in 2008,
won terminal owners the
right to use some forms of
automation.
But the 2008 agreement
was widely criticized by
dockworkers. Since then, the
ILWU has aimed to block
most further attempts at
automation.
Wildfire risk expected to be above normal
below-normal
precipita-
tion is likely across much of
the Plains through the cen-
tral Rockies and into the
Northwest. Above-normal
temperatures are expected
across much of the contigu-
ous U.S.
Central Oregon already
has an above-normal risk
of large fires. It is expected
to expand in July to include
southwest and southeast
Oregon and southeast Wash-
ington, the report said.
Above-normal temperatures
and below-normal rainfall
are likely from July through
September.
Northern California’s risk
of large fires is above normal
at the lower and middle ele-
vations, excluding the coast.
It is expected to spread to
all non-coastal elevations
in July and August. Tem-
peratures are expected to be
near to below normal into
July, and near to above nor-
mal in August and Septem-
ber. Precipitation that is near
to below normal is expected
through September.
Drought intensified in
Southern California in the
past month, and much of
the state’s central region
remains in exceptional
drought. Seasonal grasses
have cured, but fuel loading
is less uniform than usual
following spotty late-winter
precipitation.
Dry fuels and expected
above-normal temperatures
likely will bring an elevated
risk of large fires to much of
central California by August
and possibly to higher eleva-
tions in the state’s southern
region in September.
The
report
said
above-normal rain will help
reduce the chances of large
fires west of the Continen-
tal Divide for at least the
first half of June and pos-
sibly later. Fine fuels could
become ready to burn
quickly if warm, dry condi-
tions arrive.
Fire activity likely will
increase in southern Idaho
and Wyoming by August.
Recent wet conditions
delayed fuel curing and the
start of fire season in that
area.
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
06/27/2022. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2015 HOND CRV UT
VIN = 2HKRM4H5XFH647357
Amount due on lien $1515.00
Reputed owner(s)
> LORELEI G MATTHEWS
CENTRAL WILLAMETTE COMM CU
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
06/27/2022. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2008 CHEV SLV PK
VIN = 1GCEC19078Z223374
Amount due on lien $1535.00
Reputed owner(s)
VIKING ENGINEERING
& CONSTRUCTION
By BRAD CARLSON
Capital Press
BOISE — Much of the
West will face an above-nor-
mal risk of big wildfires by
late summer despite a wet
spring in Oregon, Washing-
ton and Idaho.
“We have
had a pretty
wet
and
cold spring
that
has
helped those
drought con-
ditions,”
said Nick
Nick
Nauslar,
Nauslar
U.S. Bureau
of Land Management wild-
fire meteorologist at the
National Interagency Fire
Center in Boise. “But the
underlying drought, and
forecast warm and dry
weather, are probably going
to bring us back to normal
to above-normal significant
fire potential.
“There is above-normal
Central Oregon Fire Information
The wet spring will delay some wildfire activity, but
once the weather turns dry this summer, more fires
are expected in much of the Northwest.
grass growth,” he said. “In
Oregon and Washington,
and into Idaho and Nevada,
that may be a factor in those
areas in terms of increasing
significant fire potential later
this summer.”
The fire forecast for June
through September said
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
06/27/2022. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2020 FORD F150 PK
VIN = 1FTEW1E40LKD11829
Amount due on lien $1535.00
Reputed owner(s)
COREY SCOTT PEARSON
SANTANDER CONSUMER USA
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
06/27/2022. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2005 PILG TRL
VIN = 5L4TF272953009793
Amount due on lien $1435.00
Reputed owner(s)
JEROT BLANCHI
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
06/27/2022. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2018 SUBA FOR 4D
VIN = JF2SJAEC6JH419036
Amount due on lien $1455.00
Reputed owner(s)
HUNG NGUYEN & THUY LE
JP MORGAN CHASE BANK NA
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
06/27/2022. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2012 TOYT PRIUS 4D
VIN = JTDKN3DPXC3023307
Amount due on lien $1435.00
Reputed owner(s)
JOHN H & JULIE A WIRZ
TOYOTA MOTOR CREDIT CORP
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
06/27/2022. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2015 GMC YUK LL
VIN = 1GKS2CKJ3FR226021
Amount due on lien $1535.00
Reputed owner(s)
KARAH & CHASE MASON
OREGON COMMUNITY CREDIT UNION
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
06/27/2022. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2012 GMC ACA LL
VIN = 1GKKVTED5CJ314785
Amount due on lien $1535.00
Reputed owner(s)
CINDY SUHEY ESCALERA
MAPS CREDIT UNION
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
06/27/2022. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2018 NISSAN ROGUE LL
VIN = JN8AT2MV4JW301757
Amount due on lien $1555.00
Reputed owner(s)
DEVINDER KAUR
IQ CREDIT UNION
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
06/27/2022. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2015 TOYT COA 4D
VIN = 2T1BURHE3FC246606
Amount due on lien $1455.00
Reputed owner(s)
NURDIN HASSAN
