Friday, April 20, 2018

CA Appeals Court Hands Monsanto a Legal Setback

(CN) – A California state appeals court dealt Monsanto a legal defeat on Thursday, ruling the state was well within in its legal bounds when it decided to list a weed-killing chemical as a possible cancer-causing agent.
California’s Fifth Appellate District affirmed a ruling, saying California’s decision to list glyphosate as a possible carcinogen, based on determinations made by international health organizations, did not override the rights of U.S. citizens.
“Fundamentally, appellants’ argument is that a state’s delegation of its lawmaking authority is an inappropriate violation of the republican form of government when that delegation is to a foreign agency,” said a three-judge panel in a 43-page ruling issued on Thursday. “Yet there is no question, given the extensive analysis of the United States Constitution … that the state has authority to delegate legislative authority under long-settled principles consistent with republican forms of government.”
In other words, the Office of Environmental Health and Hazard Assessment (OEHHA) acted appropriately when it listed glyphosate, a weed-killing chemical sold commercially as RoundUp, under the Proposition 65 list of chemicals believed to cause cancer.
“This is a huge win for all Californians – and a huge loss for Monsanto – as it upholds our right to protect ourselves and our environment from unnecessary and unwanted exposure to the dangerous chemical glyphosate,” said Adam Keats, senior attorney at California for Food Safety.
Last year, OEHHA listed the widely used weed abatement chemical as a possible carcinogen, citing the findings of the International Agency for Research on Cancer (IARC), a division of the World Health Organization that focuses on researching the lifestyle and environmental risk factors that contribute to cancer rates.
Monsanto asserted that California’s reliance on a foreign entity not beholden to voters in the United States amounted to an end around U.S. sovereignty and sued in Fresno County Superior Court.

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