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Bayer/Monsanto is asking a federal appeals court to reverse its ruling in favor of a California man suffering from non-Hodgkins Lymphoma
compiled from articles by Andrea Germanos, staff writer at Common Dreams and an article by Rich Peters in Legal Newsline
Trump's EPA has long been accused of being the "pesticide cheerleader" and recently threw its dubious judicial gravitas behind Bayer last Friday by filing an amicus brief which asked a federal appeals court to reverse a lower court's ruling in favor of a man who said the company's Roundup weedkiller was responsible for his cancer (and of course the jury also had agreed).
The case of California's Edwin Hardeman diagnosed with non-Hodgkin's lymphoma in 2015 after using the glyphosate-based pesticide, made by Monsanto, for years on his property.
Like the blind leading the blind, our EPA maintains that glyphosate is not a carcinogen, and this is the face of hundreds of nations, states, and counties that have completely banned it.
California in 2017 agreed with the World Health Organization's 2015 classification of glyphosate as a "probable carcinogen." However, both Trump's EPA and an 81 year old Federal Judge in Sacramento, Bush appointee William Shubb, has fought the state's finding and said that product labels informing users of that cancer risk would "misbranding" and announced in August of this year that the agency would not approve of labels carrying that warning. Shubb granted Monsanto/Bayer's request for an injunction against requiring labeling Roundup as carcinogenic, although Shubb did not question the finding by the California Carcinogen Identification Commission that Roundup/Glyphosate is carcinogenic, which he left standing.
In the recent amicus brief filed with the U.S. Court of Appeals for the Ninth Circuit, attorneys with the EPA and Justice Department wrote
EPA approved the label for the pesticide/herbicide at issue here, Roundup, through a registration process that did not require a cancer warning. In fact, EPA has never required a labeling warning of a cancer risk posed by Roundup, and such a warning would be inconsistent with the agency's scientific assessments of the carcinogenic potential of the product. Mr. Hardeman nevertheless sought damages under California common law, alleging that Monsanto had failed to adequately warn consumers of cancer risks posed by the active ingredient in Roundup. FIFRA therefore preempts Mr. Hardeman's claims to the extent that they are based on the lack of a warning on Roundup's labeling.
The filing from the federal government came the same week Bayer AG asked the appeals court to toss out the lower court's ruling, and defended Roundup's safety.
Bayer is currently facing nearly 43,000 claims related to glyphosate-linked cancer in federal courts. An end to the company's legal woes is unlikely to happen soon, according to Bloomberg Environment.
"The only vehicle that remotely approaches [an end to litigation] might be bankruptcy," Loyola Law School professor Adam Zimmerman told the outlet last week. "Short of that, or some victories in court, I don't see what kind of arrangement would absolve them of future liability."
>>>>>>>>>>>>Bayer 'encouraged' by support from DOJ, states in Hardeman appeal
Bayer announced last week that at least 16 entities - including trade groups, several states and the federal government - are supporting the company's appeal of a $25 million verdict in favor of plaintiff Edwin Hardeman , who alleged Roundup weedkiller caused his cancer.
Amicus briefs were filed in the U.S. Court of Appeals for the Ninth Circuit by the federal Department of Justice; the states of Nebraska, Idaho, Louisiana, North Dakota, South Dakota, Texas and Utah; the California Medical Association; California Dental Association; California Hospital Association; the U.S. Chamber of Commerce; Pharmaceutical Research and Manufacturers of America; and others.
The briefs argue a number of issues, including federal preemption, the admissibility of expert testimony, causation and punitive damages. These arguments are also the focal points of Monsanto's appeal, a press release states.
"We are encouraged that the U.S. government, several states, and many other parties chose to offer the court their legal perspectives on the key issues in our appeal," Bayer said in a statement. "The number and stature of these parties speaks clearly to the importance of the issues in dispute in this case to a diversity of interests including governments, health care providers, farmers, and manufacturers."
Last March, a jury verdict awarded Hardeman $80.27 million after finding that glyphosate, the active ingredient in Monsanto's weed killer Roundup, was a substantial factor in causing the Bay Area resident's non-Hodgkin's lymphoma.
The total damages awarded have since been slashed to $25.27 million and Bayer, which purchased Monsanto last year for $63 billion, filed a much anticipated appeal earlier this month, urging the Ninth Circuit to reverse that verdict altogether.
In backing the pharmaceutical giant, attorneys with the Environmental and Natural Resources Division of the U.S. Department of Justice stated in their amicus brief :
"Plaintiff asserted safety labeling requirements exist under California law in addition to and different from that required, reviewed, and approved by EPA. Plaintiff is wrong and his lawyers sailed directly into preempted territory in how they opted to try this case."
It continues: "Under (Federal Insecticide Fungicide and Rodenticide Act), the label is the law. EPA approved the label for the pesticide/herbicide at issue here, Roundup, through a registration process that did not require a cancer warning. In fact, EPA has never required a labeling warning of a cancer risk posed by Roundup, and such a warning would be inconsistent with the agency's scientific assessments of the carcinogenic potential of the product."
Hardeman's case was the second of three straight California landmark victories for plaintiffs suing Monsanto over similar accusations. A handful of early 2020 cases in Oakland as well as Monsanto's longtime headquarters of St. Louis were recently postponed. A number of other cases are still expected to take place, however, despite the recent rumors of a potential global settlement.
Reports have stated that the number of similar cancer lawsuits filed against Bayer/Monsanto have doubled over the past quarter, reaching upward of 42,700 nationwide.
Please see also:
In a November 25, 2019 posting Beverly Hills Law Firm Baum Hedlund posted this following information. They are the lead firm in many of the decisions and jury decisions giving awards to Roundup cancer victims.
A number of cities, counties, states and countries throughout the world have taken steps to either restrict or ban glyphosate, the active ingredient in Monsanto's Roundup weed killer.
The following countries have issued outright bans on glyphosate, imposed restrictions or have issued statements of intention to ban or restrict glyphosate-based herbicides, including Roundup, over health concerns and the ongoing Roundup cancer litigation:
- Argentina: In 2015, more than 30,000 health care professionals advocated for a glyphosate ban following the International Agency for Research on Cancer's (IARC) report on glyphosate, which concluded the chemical is probably carcinogenic to humans. More than 400 towns and cities in Argentina have passed measures restricting glyphosate use.
- Australia: Numerous municipalities and school districts throughout the country are currently testing alternative herbicides in an effort to curtail or eliminate glyphosate use. Many use steam technology for weed control on streets and in other public areas.
- Following a series of massive jury verdicts in Roundup cancer lawsuits in the United States, the Australian state of Victoria launched its own review of glyphosate. Two councils in Sydney have either banned or are in the process of banning glyphosate use, and eight other councils are reviewing the chemical.
- Austria: In June of 2019, Austria announced that it planned to ban glyphosate within the year. Leader of the Social Democrats, Pamela Rendi-Wagner, said she is "pleased" that her party's long-standing effort to ban glyphosate in Austria would "finally pay off" now that her party's motion had a majority in the Austrian parliament. The measure to ban glyphosate passed in July of 2019. The Austria glyphosate ban will take effect on January 1, 2020.
- Bahrain: According to Oman's Ministry of Agriculture, Bahrain and five other countries in the Gulf Cooperation Council (GCC) have banned glyphosate.
- Belgium: Banned the individual use of glyphosate. In 2017, Belgium voted against relicensing glyphosate in the EU. The country was also one of six EU member states to sign a letter to the EU Commission calling for "an exit plan for glyphosate"" The city of Brussels banned the use of glyphosate within its territory as part of its "zero pesticides" policy.
- Bermuda: Outlawed private and commercial sale of all glyphosate-based herbicides. In 2017, the government relaxed its ban on glyphosate, allowing the Department of Environment and Natural Resources to import restricted concentrations of glyphosate for managing roadside weed overgrowth.
- Brazil: In August of 2018, a federal judge in Brasilia ruled that new products containing glyphosate could not be registered in the country. Existing regulations concerning glyphosate were also suspended, pending a reevaluation of toxicological data by Anvisa, the country's health agency.
- In September of 2018, a Brazilian court overturned the federal judge's ruling. September marks Brazil's first month of soybean planting. The country is the largest exporter of soybeans in the world, and as such, has become heavily reliant on agrochemicals. Anvisa issued a statement following the court's decision to overturn the ruling, saying it will take necessary legal and technical steps in response. Further, Brazil's Solicitor General's office has said it is preparing an appeal to the court decision with support from the Agriculture Ministry. Brazil's health agency concluded a re-evaluation of glyphosate in February of 2019. Based on the agency's findings, a blanket ban of glyphosate in Brazil is unlikely.
- Canada: Eight out of the 10 provinces in Canada have some form of restriction on the use of non-essential cosmetic pesticides, including glyphosate. Vancouver has banned public and private use of glyphosate, aside from the treatment of invasive weeds. In June of 2019, New Brunswick officials announced that the province would reduce glyphosate spraying in certain areas with the promise that more regulation will follow.
- Colombia: In 2015, Colombia outlawed the use of glyphosate to destroy illegal plantations of coca, the raw ingredient for cocaine, out of concern that glyphosate causes cancer. In March of 2019, President Ivan Duque asked for the judicial ban on aerial glyphosate spraying to be lifted. However, in July of 2019, the court maintained the judicial ban on glyphosate, ruling that the government has to prove that glyphosate is not harmful to human health and the environment in order for the ban to be lifted.
- Czech Republic: Agriculture Minister Miroslav Toman said the country will limit glyphosate use starting in 2019. Specifically, the Czech Republic will ban glyphosate as a weedkiller and drying agent.
- Denmark: The Danish Working Environment Authority declared glyphosate to be carcinogenic and has recommended a change to less toxic chemicals. Aalborg, one of the largest cities in Denmark, issued private-use glyphosate ban in September of 2017. In July of 2018, the Danish government implemented new rules banning the use of glyphosate on all post-emergent crops to avoid residues on foods.
- El Salvador: In 2013, the country adapted a law banning glyphosate over links to deadly kidney disease. However, by 2016, the legislation appeared to stall.
- France: French authorities banned the sale, distribution and use of Roundup 360 in early 2019. In May of 2019, French Agriculture Minister Didier Guillaume announced that France would eliminate the use of glyphosate by 2021 with limited exceptions. Some 20 mayors throughout the country have banned glyphosate in their municipalities.
- Germany: Environment Minister Svenja Schulze announced in September 2019 that Germany will ban glyphosate by 2023. The ban, agreed to by the Cabinet, includes a "systemic reduction strategy" that will prohibit glyphosate spraying in domestic gardens and at the edges of farmland. Certain retail stores in Germany have already pulled glyphosate-based herbicides like Roundup from shelves.
- Greece: Greece was one of nine EU countries to vote against relicensing glyphosate in November of 2017. The country was also one of six EU member states to sign a 2018 letter to the European Commission calling for "an exit plan for glyphosate"" According to Greek Minister of Agricultural Development Evangelos Apostolou, "[i]t is our duty to push in the direction of risk management, in the interests of consumers, producers and the environment." In March of 2018, the Greek government approved a five-year license for Monsanto's Roundup against the wishes of Greek environmentalists.
- India: In October of 2018, the government of Punjab banned the sale of glyphosate in the state. "All pesticide manufacturers, marketers and dealers in the State shall not sell glyphosate formulations-concentrations with immediate effect. The licensing authorities have been asked to take necessary steps for removal of entries for glyphosate from the licenses issued by them," said State Agriculture Secretary K.S. Pannu. In February of 2019, the Indian state of Kerala issued a ban on the sale, distribution and use of glyphosate.
- Italy: Italy's Ministry of Health placed a number of restrictions on glyphosate use. Italian legislators have also raised concerns about glyphosate safety, and have come out against relicensing the herbicide in the European Union. In 2016, the Italian government banned the use of glyphosate as a pre-harvest treatment and placed restrictions on glyphosate use in areas frequented by the public. In November of 2017, Italy was one of seven EU nations to vote against relicensing glyphosate.
- Kuwait: According to Oman's Ministry of Agriculture, Kuwait and five other countries in the Gulf Cooperation Council (GCC) issued glyphosate bans.
- Luxembourg: One of Luxembourg's largest supermarket chains removed glyphosate from its shelves following the release of the IARC glyphosate report. Luxembourg was one of nine EU countries to vote against relicensing glyphosate in November of 2017, and in early 2018, the country signed a letter to the EU Commission calling for "an exit plan for glyphosate""
- Malawi: In April 2019, Malawi's Principal Secretary of the Ministry of Agriculture, Irrigation and Water Development told the country's National newspaper that import licenses for glyphosate-based herbicides like Monsanto's Roundup would be suspended immediately.
- Malta: In July of 2019, Malta banned the use of glyphosate in public spaces. The spraying of glyphosate will not be allowed on roadsides or near schools, among other places.
- Netherlands: Banned all non-commercial use of glyphosate.
- New Zealand: The cities of Auckland and Christchurch passed resolutions to reduce the usage of chemicals for weed and pest control in public places. The Physicians and Scientists for Global Responsibility, a New Zealand charitable trust, called for a glyphosate ban in 2015.
- Oman: Eng Saleh al Abri, director general of agricultural development in Oman's Ministry of Agriculture and Fisheries (MoAF), told a reporter that glyphosate "hasn't been available in Oman since 2016." Eng Abri added, "This active ingredient has been banned throughout the GCC (Gulf Cooperation Council) since last year." In addition to Oman, the GCC includes Saudi Arabia, Qatar, Kuwait, Bahrain, and the United Arab Emirates (UAE).
- Portugal: Prohibits the use of glyphosate in all public spaces. The president of the Portuguese Medical Association has also called for a worldwide ban of glyphosate.
- Qatar: According to Oman's Ministry of Agriculture, Qatar and five other countries in the Gulf Cooperation Council (GCC) have banned glyphosate.
- St. Vincent and the Grenadines: Acting on advice from their Pesticides Board, the Caribbean country placed an immediate suspension on the import of glyphosate-based herbicides.
- Saudi Arabia: Issued a glyphosate ban along with five other countries in the Gulf Cooperation Council (GCC).
- Scotland: Aberdeen cut back its use of herbicides and Edinburgh's City Council voted to phase out glyphosate. In November of 2017, five of Scotland's six EU parliamentarians voted in favor of a motion that would phase out glyphosate by 2022.
- Slovenia: Slovenia was one of six EU member states to sign a 2018 letter to the European Commission citing "concerns" about the risks associated with glyphosate. The letter called upon the Commission to introduce "an exit plan for glyphosate""
- Spain: According to Kistiñe Garcia of the Spanish NGO, Ecologistas en Acción, Barcelona, Madrid, Zaragoza and the region of Extremuda have decided to ban glyphosate. The regions of La Rioja (major Spanish wine region) and Aragon have also approved motions against endocrine-disrupting chemicals, which includes glyphosate.
- Sri Lanka: Sri Lanka was the first country to issue a nationwide ban on glyphosate. However, in 2018, the government decided to lift the ban due to crop losses and overgrowing weeds.
- Sweden: Raised concerns about glyphosate safety and has pushed against relicensing the herbicide in the EU. In 2017, the Swedish Chemicals Agency (SCA) announced it was planning to tighten rules on private use of plant protection products. Under the plan, private users would only be allowed to use products containing "low-risk substances." According to the SCA, glyphosate is an example of an active substance not expected to be included among low-risk substances, meaning in due time, private consumers may not be permitted to use herbicides containing glyphosate.
- Switzerland: Concerned about public well-being, the Swiss supermarket chains Migros and Coop removed glyphosate-based products from their shelves due to health risks. In 2017, the Green party put forth a plan to ban glyphosate in Switzerland. The proposed plan was rejected by the Federal Council, Switzerland's executive.
- Thailand: In August 2019, Deputy Agriculture Minister Mananya Thaiseth ceased licensing extensions for three hazardous farm chemicals, including glyphosate. Following the announcement, U.S. government officials pressured Thailand to exempt the three chemicals citing a potential threat to the grain trade. But Thailand's public health minister Anutin Charvinrakul said during a press conference that "our job is to take care of the people's health." The Thailand glyphosate ban starts on December 1, 2019.
- United Arab Emirates: Issued a glyphosate ban along with five other countries in the Gulf Cooperation Council.
- United Kingdom: Following the landmark $289 million Monsanto Roundup verdict on Aug. 10, 2018, Homebase, one of the UK's largest DIY retailers, announced that it would review the sale of Roundup and Ranger Pro. However, according to the Sun, Homebase and other major retailers still stock the weed killers for sale.
- The following boroughs and townships have issued bans or restrictions on pesticides and herbicides, including glyphosate:
- Vietnam: Following the jury verdict in Hardeman v. Monsanto Co., Vietnam announced that it would ban glyphosate imports. According to Hoang Trung, Director of the Plant Protection Department under the Ministry of Agriculture and Rural Development, "the removal of this substance from the list of pesticides allowed to be used in Vietnam will be done in the near future."
Why is Glyphosate Banned?
Most of the glyphosate restrictions or bans throughout the world were introduced following the 2015 IARC report on glyphosate. The IARC report concluded that glyphosate is a "probable human carcinogen."
According to the report, the cancers most associated with glyphosate exposure were found to be non-Hodgkin lymphoma and other hematopoietic cancers. The report further concluded that glyphosate exposure caused DNA and chromosomal damage in human cells, as well as genotoxic, hormonal and enzymatic effects in mammals.
Other glyphosate studies have linked the chemical to a number of health issues, including, but not limited to ADHD, Alzheimer's Disease, Autism, Birth Defects, various forms of cancer, Celiac Disease, Colitis, Heart Disease, Inflammatory Bowel Syndrome, Kidney Disease, Liver Disease, and Parkinson's Disease.Is Glyphosate Banned in Europe?
As you can see above, some individual countries have introduced legislation to ban or restrict private sales of glyphosate, or restrictions on spraying glyphosate in public spaces. As for the whole of the European Union (EU), glyphosate is not currently banned.
However, EU public opinion is leaning in favor of a glyphosate ban. In a 2016 poll of the five largest EU countries, over 66 percent of respondents said they favored a glyphosate ban. Over 1.3 million people signed a petition in 2017 calling for a European ban of glyphosate. That public pressure caught the attention numerous Members of European Parliament, who have cited the petition as the foundation for instituting an EU ban.
In November of 2017, EU member states narrowly voted to relicense glyphosate for a period of five years. The vote was not without controversy; German Agriculture Minister Christian Schmidt (CSU) entered a 'yes' vote for his country without consulting with German Chancellor Angela Merkel (CDU) on the matter. His unilateral vote disregarded Germany's Environment Minister, who had instructed Schmidt to abstain from voting. With Germany's vote, the measure narrowly passed and glyphosate received a new license.
Following the scandal, six EU countries sent a letter to the European Commission, calling for an exit plan for glyphosate. France and Italy have stated they will carry out glyphosate bans by 2020, and Germany announced in 2018 that it will also issue a glyphosate ban.
In January of 2019, a European Parliament report found that EU regulators based their decision to relicense glyphosate on an assessment that was plagiarized from a coalition of pesticide companies, including Monsanto.
The EU Parliament report investigated claims that Germany's Federal Institute for Risk Assessment (BfR) copied and pasted large sections of a pesticide industry assessment of glyphosate literature in its own assessment. The BfR report concluded that classifying glyphosate as a carcinogen is not warranted. The European Food Safety Authority (EFSA), which relied upon the BfR report, also found that glyphosate is safe for humans and the environment.
Following the release of the EU Parliament report, an EU court ruled that EFSA should publicize glyphosate studies used for its assessments.Is Glyphosate Banned in the United States?
Despite the IARC report's 2015 conclusion that glyphosate is a probable human carcinogen, the U.S. Environmental Protection Agency (EPA) maintains that glyphosate is not likely to be carcinogenic to humans. As such, glyphosate is not banned by the U.S. government; Roundup and other glyphosate-based herbicides are readily available for purchase throughout the country.
However, the EPA is a captured agency, meaning it is dominated by the industry it presumably regulates. Internal company documents now public in the Monsanto Papers demonstrate that EPA prioritizes the interests of corporations like Monsanto or political groups over the interests of the public it is charged with protecting.
"The EPA has got it wrong on glyphosate. We have study after study after study showing that it in fact, does cause a specific type of cancer called lymphoma. And we see it happening in thousands and thousands of people across the country. Currently, this Administration and this EPA will not take action against Monsanto. We've seen the internal documents, the text messages, the emails between senior EPA officials and Monsanto employees. And the simple fact is they know that this EPA will not take adverse action against them. It is a travesty that this truth about it causing cancer and this awareness that we are trying to raise has to be done in the context of litigation. We only exist, these lawsuits only exist, because the EPA has failed the American public for 45 years and Monsanto is allowed to get away with reckless conduct with, essentially, impunity"this agency essentially does not work for the American public but works for industry. The fact that the White House is telling Monsanto, 'We have your back.' I mean this just tells us that we are going to have to keep fighting this fight and that we are not going to get any support or help from the public agencies that, ironically, are supposed to be protecting the public health."
- Brent Wisner, Roundup Cancer Attorney
California has not issued a statewide ban on glyphosate. However, on July 7, 2017, California became the first state in the nation to issue a warning on glyphosate by adding the chemical to the state's Proposition 65 list of chemicals and substances known to cause cancer.
California's decision to warn consumers about glyphosate was pursuant to the requirements of the Safe Drinking Water and Toxic Enforcement Act, better known as California Proposition 65, a ballot initiative approved by voters in 1986 to address toxic chemical exposure concerns. Prop 65 requires California to publish a list of chemicals known to cause cancer, birth defects or other reproductive harm.
In 2019, University of California President Janet Napolitano announced that glyphosate would be temporarily banned on all 10 UC campuses, citing "concerns about possible human health and ecological hazards, as well potential legal and reputational risks associated with this category of herbicides."
U.S. Cities to Restrict or Ban Glyphosate
- Tucson, Arizona - Created an organics-first policy for controlling weeds on city property.
- Alameda County, California - The East Bay Regional Park District, a special district operating regional parks in Alameda and Contra Costa Counties, banned glyphosate around picnic and play areas effective July 2019. EBRPD plans to formally ban Roundup use in its parks by the end of 2020. EBRPD manages 73 parks and 55 miles of shoreline.
- Arcata, California - Initiated a pesticide reduction plan that urges pesticides to only be used as a last resort.
- Belvedere, California - Passed municipal ordinance initiating Integrated Pest Management program that restricts toxic pesticide use and urges pesticide use as last resort.
- Benicia, California - City decided to go glyphosate-free following the verdict in Johnson v. Monsanto Co.
- Berkeley, California - Implemented pest management program to minimize or eliminate the use of pesticides. The city has not used glyphosate since the 1970s, according to spokesman Matthai Chakko.
- Burbank, California - City Council members voted to discontinue the use of Roundup in city parks for one year, and Burbank Unified School District will no longer use the herbicide due to cancer concerns.
- Cambria, California - North Coast school board trustees formally proposed a ban on glyphosate for all school properties.
- Carlsbad, California - The City Council voted unanimously to adopt a policy that makes organic pesticides the preferred method for killing weeds. "Asked to choose between aesthetics and public health"I'm going to choose public health every time," said Councilwoman Cori Schumacher.
- Clayton, California - Banned the use of Roundup on city property.
- Concord, California - The Mount Diablo Unified School District unanimously voted to ban glyphosate use on school property.
- Contra Costa County, California - The East Bay Regional Park District, a special district operating regional parks in Alameda and Contra Costa Counties, banned glyphosate around picnic and play areas effective July 2019. EBRPD plans to formally ban Roundup use in its parks by the end of 2020. EBRPD manages 73 parks and 55 miles of shoreline.
- Corte Madera, California - Passed ordinance calling for Integrated Pest Management (IPM) program restricting highly toxic pesticides, while also urging for pesticide use to be a last resort.
- Costa Mesa, California - City council adopted an organics-first Integrated Pest Management (IPM) policy.
- Davis, California - Passed ordinance implementing Integrated Pest Management (IPM) program designed to reduce the use of pesticides. Some city parks do not allow the use of glyphosate.
- Encinitas, California - Banned the use of Roundup and other glyphosate-based weed killers in city parks.
- Fairfax, California - Passed municipal ordinance restricting use of toxic pesticides on public property in favor of alternative methods.
- Fresno, California - After hearing from concerned parents and employees, Fresno Unified School District is investigating the use of alternative herbicides that do not contain glyphosate, citing health risks.
- Greenfield, California - Adopted a resolution to "halt all use of the carcinogenic weed killer Roundup and replace it with 'greener' alternatives."
- Irvine, California - City Council passed resolution to cease spraying Roundup and other chemicals on public parks, streets and playgrounds.
- Laguna Hills, California - Passed a resolution to test an organics-only pesticide program on two parks.
- Lodi, California -The city decided to ban the use of Roundup within 25 feet of playgrounds.
- Long Beach, California - Citing the landmark $289 million verdict in Johnson v. Monsanto Co., Long Beach Parks & Recreation Director Gerardo Mouet announced an immediate halt on the spraying of Roundup in Long Beach Parks.
- Los Angeles County, California - The Los Angeles County Board of Supervisors issued a moratorium on glyphosate-based herbicides, including Roundup weed killer. In July 2019, the LA County Board of Supervisors formally banned Roundup.
- Malibu, California - The city may implement an Earth Friendly Management Policy (EFMP) to avoid the use of pesticides and other chemicals.
- Marin County, California - The county stopped using glyphosate, the active ingredient in Monsanto's Roundup weed killer, on all county-maintained parks, landscaping, playgrounds, walkways and parking areas.
- Mill Valley, California - Passed ordinance initiating Integrated Pest Management program that restricts toxic pesticide use and urges pesticide use as last resort.
- Morgan Hill, California - Instituted a pilot program at a city park to assess the possibility of eliminating the use of herbicides.
- Napa, California - A policy announced in March of 2019 banned glyphosate use on city property, completing a phase-out campaign that started three years ago.
- Novato, California - Following the $289 million Monsanto verdict, Novato Mayor Josh Fryday said the city will no longer use Roundup weed killer.
- Oakland, California - Passed ordinance initiating Integrated Pest Management program that restricts toxic pesticide use and promotes pesticide use as last resort. On Sept. 1, 2018, the city formally halted the use of Roundup. Alameda County is reviewing its chemical spraying practices.
- Orange County, California - OC Parks banned the use of glyphosate on and around playgrounds, picnic shelters, trails and campgrounds. However, glyphosate remains in use on off-trail invasive weeds.
- Oxnard, California - The Oxnard School District board voted to ban Roundup use on campuses.
- Palo Alto, California - Pest management program calls for Integrated Pest Management that restricts pesticide use in favor of less harmful methods.
- Petaluma, California - City officials are considering a ban on glyphosate for use in public parks.
- Richmond, California - Issued an ordinance to ban the use of glyphosate for all weed abatement activities conducted by the city.
- San Anselmo, California - Passed city resolution promoting an Integrated Pest Management program restricting the use of toxic pesticides. The program only allows pesticide use as a last resort.
- San Francisco, California - Restricts the use of toxic pesticides on public property in favor of alternative, organic methods.
- San Juan Capistrano, California - Implemented an organics-first policy to control weeds in city parks and open spaces.
- San Lorenzo Valley, California - The San Lorenzo Valley Water District voted 4-1 for a permanent ban of glyphosate pesticide use by the district.
- San Luis Obispo, California - San Luis Coastal Unified School District banned all pesticides, including Roundup, on school properties in 2018. Coast Unified School District banned Roundup in the summer of 2019.
- Santa Barbara, California - The Santa Barbara Unified School District Board of Education voted to ban glyphosate spraying at all district schools.
- Santa Rosa, California - Banned the use of Roundup at city parks.
- Sonoma, California - Banned glyphosate use on all city-owned property.
- Thousand Oaks, California - City instituted a ban on glyphosate use on public golf courses.
- Watsonville, California - City council voted unanimously to ban Roundup use on city property.
- Woodland, California - Woodland Joint Unified School District suspended the use of Roundup on school campuses.
- Boulder, Colorado - Banned Roundup for use on city parks.
- Durango, Colorado - Instituted an Organically Managed Lands program to minimize the use of synthetic fertilizers and pesticides.
- Middletown, Connecticut - Passed ordinance banning toxic pesticides and herbicides on municipally-owned fields, parks and other property.
A growing number of Connecticut towns, including Branford, Cheshire, Granby, Essex, Greenwich, Manchester, Oxford, Pine Grove, Plainville, Roxbury, Watertown, and Woodbridge have adopted bans or restrictions on glyphosate use. The state also has Public Act 09-56 to eliminate the use pesticides in K-8 schools.
The Florida Fish and Wildlife Conservation Commission ceased using aquatic herbicides, glyphosate chief among them, anywhere in state waters, while the agency gathers public input.
- Fort Myers Beach, Florida - The city has decided to ban Roundup.
- Key West, Florida - Key West City Commission banned the use of Roundup on city-owned property, citing a $2.055 billion jury verdict in California.
- Martin County, Florida - The local government instituted a Roundup ban that applies to all county employees and contractors working on county projects.
- Miami Beach, Florida - Passed a resolution banning the use of glyphosate weed killers for landscaping and maintenance work on city-owned property.
- North Miami, Florida - City Council approved a plan calling for the gradual reduction of pesticide use on city property and a study on alternative pesticides.
- Satellite Beach, Florida - City Council unanimously approved a resolution that bans the city and its contractors from using glyphosate-based herbicides, including Monsanto's Roundup.
- Stuart, Florida - City commissioners voted to ban glyphosate, calling for an integrated pest control plan that reduces the use of glyphosate with the ultimate goal of eliminating chemicals.
- Hawaii County, Hawaii - A Hawaii County Council committee approved a bill that would prohibit the use of herbicides like Roundup on public parks, roads, bike routes, trails, sidewalks, and elsewhere. The bill will be taken up by the full council. If passed, the law would take effect in 2024.
- Chicago, Illinois - The city stopped spraying glyphosate in public spaces.
- Evanston, Illinois - Evanston decided to go pesticide-free in 2010. Glyphosate is banned from use on city property, parks and schools.
- Franklin Park, Illinois - Passed resolution promoting an Integrated Pest Management (IPM) policy that restricts highly toxic pesticides and urges for pesticides to be considered as a last resort.
- Naperville, Illinois - Created the Sustainable Parks Initiative, which uses organic products and sustainable practices for weed control.
- Urbana, Illinois - Adopted the Midwest Grows Green natural lawn care initiative to eliminate synthetic lawn pesticides on city parks.
- Dubuque, Iowa - City instituted a ban on glyphosate use in public parks.
- Story County, Iowa - Eliminated the use of chemical pesticides in six of its mowed turf areas.
- Lawrence, Kansas - Implemented Integrated Pest Management (IPM) program designed to reduce pesticide use.
- Wichita, Kansas - Initiated pilot program that limits or eliminates pesticide use.
Dozens of cities and townships in Maine have adopted local ordinances restricting or banning pesticides and herbicides.
- Portland, Maine - Banned synthetic pesticides in March of 2019. Private property owners may only use organic treatments on lawns and gardens. No pesticides may be used within 75 feet of a water body or wetland.
- South Portland, Maine - Passed a pesticide plan that discourages property owners from using certain pesticides and herbicides.
- Greenbelt, Maryland - Adopted Sustainable Land Care policy for public lands calling for limited use of pesticides.
- Howard County, Maryland - Implemented a least-toxic IPM policy and accompanying legislation for county grounds maintenance in November of 2019.
- Hyattsville, Maryland - Passed ordinance prohibiting the use of toxic pesticides on public property in favor of alternative, organic methods
- Montgomery County, Maryland - County Council voted to ban the use of cosmetic pesticides on private lawns. In December 2018, Montgomery County Parks announced that it would discontinue the use of glyphosate in parks.
- Takoma Park, Maryland - Placed restriction on cosmetic pesticides for lawn care on public and private property.
- Chatham, Massachusetts - Passed an order banning glyphosate use in parks, athletic fields, mulch beds and walkways.
- Eastham, Massachusetts - Local ordinance requires town employees to receive a permit for use of registered pesticides and prohibits the use of highly-toxic pesticides.
- Falmouth, Massachusetts - Issued a yearlong moratorium on glyphosate use.
- Marblehead, Massachusetts - Created Organic Pest Management program to phase out pesticides and herbicides.
- Warwick, Massachusetts - A measure to ban Monsanto's Roundup passed at a Special Town Meeting. The ban does not allow people to spray glyphosate on any land within the town.
- Wellesley, Massachusetts - Wellesley banned all pesticides in 2011. Glyphosate is restricted from being sprayed on athletic fields and any city-owned property. The chemical can be used in limited emergency weed control situations.
- Minneapolis, Minnesota - Commissioners of the Minneapolis Parks and Recreation Board decided to eliminate all glyphosate-based products from being used in neighborhood parks. In October of 2018, the Park Board's Operations & Environment Committee voted to extend the glyphosate ban to the entire Minneapolis park system.
- Rochester, Minnesota - The Parks & Recreation Department initiated a pesticide-free pilot project for city parks.
- Reno, Nevada - The city initiated a pesticide free pilot program.
- Dover, New Hampshire - Passed resolution calling for Organic Land Management. City utilizes least toxic compounds only when necessary.
- Portsmouth, New Hampshire - Passed resolution eliminating the use of toxic pesticides on public property in favor of alternative, organic methods.
- Bernalillo County, New Mexico - The County Commission voted to ban the use of Roundup on county properties by 2020.
- Las Cruces, New Mexico - The Las Cruces City Council voted to ban Roundup and its principal ingredient, glyphosate, for pest control on city property. The ban is scheduled to take effect once the city's glyphosate supply is exhausted.
- Taos County, New Mexico - Taos County Commissioners are considering the possibility of banning all pesticides, including glyphosate.
New Jersey has State and local ordinances encouraging Integrated Pest Management programs to eliminate or drastically reduce the use of pesticides. At least 15 city school districts and over a dozen other parks and recreation departments in the state have enacted IPM programs.
In January of 2019, New York State Senator Brad Hoylman (27th District) sponsored a bill in the New York State Senate that would prohibit the sale and distribution of products containing glyphosate. Updates on the legislation can be found here.
New York Park and Recreation Department has measures to eliminate or reduce pesticide and herbicide use in areas under its control.
- New Paltz, New York - The use of toxic pesticides and herbicides by city employees or by private contractors is forbidden on all city-owned lands.
- Rockland County, New York - Created a Non-Toxic Pesticide program, mandating the use of natural, non-toxic, or as a last resort with prior approval, the least toxic pesticide use.
- Westchester County, New York - Enacted a law for pesticide-free parks.
- Carrboro, North Carolina - The city of Carrboro has restricted glyphosate use since 1999. Under the terms of the ban, glyphosate cannot be sprayed in public parks, schools and town buildings or properties. The city will only allow glyphosate to be sprayed under limited circumstances.
- Cuyahoga County, Ohio - Local ordinance prohibits the use of pesticides on county-owned land, and established the adoption of an Integrated Pest Management program for county-owned properties.
- South Euclid, Ohio - Passed ordinance prohibiting toxic pesticides on public grounds in favor of alternative, organic pest control methods unless permitted by an Environmental Review Board.
- Eugene, Oregon - City put a moratorium on the use of weed killers containing glyphosate on city properties.
- Portland, Oregon - Since 1988, Portland has restricted the use of Roundup to emergency use only. Glyphosate is banned on all city-owned property.
- Denton, Texas - City Council voted to implement an integrated pest management program and restrict the use of glyphosate on city parks, fields and playgrounds.
Multiple bills containing restrictions or bans on glyphosate have been introduced in the legislature.
Representative Annmarie Christensen introduced H. 328, an act relating to the use of glyphosate herbicide.
- Charlottesville, Virginia - Restricts the use of glyphosate on any city-owned parks, schools, or buildings. Glyphosate can only be sprayed under limited circumstances.
- King County, Washington - Passed municipal ordinance initiating an Integrative Pest Management (IPM) program to determine if and how pesticides should be used.
- Kitsap County, Washington - Passed measure banning the spraying of glyphosate by workers on county-owned and maintained properties. Glyphosate may only be used on noxious weeds as a tool of last resort.
- Olympia, Washington - City passed a resolution to encourage the implementation of an Integrative Pest Management (IPM) program for non-chemical pest control.
- Seattle, Washington - Mayor Jenny A. Durkan signed an executive order restricting the city's use of glyphosate.
- Thurston County, Washington -Passed municipal ordinance to restrict the use of toxic pesticides on public property.